Sub. S. B. No. 205 As Passed by the House

As Passed by the House

130th General Assembly

Regular Session

2013-2014

Sub. S. B. No. 205

Senator Coley

Cosponsors: Senators Seitz, Burke, Eklund, Jordan, Uecker
Representatives Becker, Huffman, Maag, Stebelton, Terhar, Wachtmann Speaker Batchelder

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 for a general election	223
and only if the general assembly has made an appropriation for	224
that particular mailing. Under no other circumstance shall a	225
public office, or a public official or employee who is acting in	226
an official capacity, mail unsolicited applications for absent	227
voter's ballots to any individuals.	228

Sec. 3505.24. Notwithstanding any provision of the Revised	229
Code to the contrary, any elector who ~~declares to the presiding~~	230
~~judge of elections that the elector is unable to mark the~~	231
~~elector's ballot by reason of blindness, disability, or illiteracy~~	232
does both of the following may be accompanied in the voting booth	233
and aided by any person of the elector's choice, other than the	234
elector's employer, an agent of the elector's employer, or an	235
officer or agent of the elector's union, if any:	236

(A) Appears to vote on the day of an election or appears at	237
the office of the board of elections to cast absent voter's	238
ballots in person; and	239

(B) Declares to the presiding judge of elections or to the	240
election official who is accepting applications to cast absent	241
voter's ballots in person that the elector is unable to mark the	242
elector's ballot by reason of blindness, disability, or	243
illiteracy. ~~The~~	244

The elector also may request and receive assistance in the	245
marking of the elector's ballot from two election officials of	246
different political parties. Any person providing assistance in	247
the marking of an elector's ballot under this section shall	248
thereafter provide no information in regard to the marking of that	249
ballot.	250

Any ~~judge~~election official may require a declaration of	251
inability to be made by the elector under oath before the ~~judge~~	252
election official. Assistance shall not be rendered for causes	253
other than those specified in this section, and no candidate whose	254
name appears on the ballot shall assist any person in marking that	255
person's ballot.	256

Sec. 3509.03. Except as provided in division (B) of section	257
3509.08 of the Revised Code, any qualified elector desiring to	258
vote absent voter's ballots at an election shall make written	259
application for those ballots to the director of elections of the	260
county in which the elector's voting residence is located. The	261
application need not be in any particular form but shall contain	262
all of the following:	263

(A) The elector's name;

264

(B) The elector's signature;

265

266

(D) The elector's date of birth;

267

(E) One of the following:

268

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

269

(2) The last four digits of the elector's social security	270
number;	271

(3) A copy of the elector's current and valid photo	272
identification, a copy of a military identification, or a copy of	273
a current utility bill, bank statement, government check,	274
paycheck, or other government document, other than a notice of	275
voter registration mailed by a board of elections under section	276
3503.19 of the Revised Code, that shows the name and address of	277
the elector.	278

(F) A statement identifying the election for which absent	279
voter's ballots are requested;	280

(G) A statement that the person requesting the ballots is a	281
qualified elector;	282

(H) If the request is for primary election ballots, the	283
elector's party affiliation;	284

(I) If the elector desires ballots to be mailed to the	285
elector, the address to which those ballots shall be mailed.	286

Each application for absent voter's ballots shall be	287
delivered to the director not earlier than the first day of	288
January of the year of the elections for which the absent voter's	289
ballots are requested or not earlier than ninety days before the	290
day of the election at which the ballots are to be voted,	291
whichever is earlier, and not later than twelve noon of the third	292
day before the day of the election at which the ballots are to be	293
voted, or not later than six p.m. on the last Friday before the	294
day of the election at which the ballots are to be voted if the	295
application is delivered in person to the office of the board.	296

A board of elections that mails an absent voter's ballot	297
application to an elector under this section shall not prepay the	298
return postage for that application.	299

Except as otherwise provided in this section and in sections	300
3505.24 and 3509.08 of the Revised Code, an election official	301
shall not fill out any portion of an application for absent	302
voter's ballots on behalf of an applicant. The secretary of state	303
or a board of elections may preprint only an applicant's name and	304
address on an application for absent voter's ballots before	305
mailing that application to the applicant.	306

Sec. 3509.04. (A) If a director of a board of elections	307
receives an application for absent voter's ballots that does not	308
contain all of the required information, the director promptly	309
shall notify the applicant of the additional information required	310
to be provided by the applicant to complete that application.	311

(B) Upon receipt by the director of elections of an	312
application for absent voter's ballots that contains all of the	313
required information, as provided by section 3509.03 and division	314
(G) of section 3503.16 of the Revised Code, the director, if the	315
director finds that the applicant is a qualified elector, shall	316
deliver to the applicant in person or mail directly to the	317
applicant by special delivery mail, air mail, or regular mail,	318
postage prepaid, proper absent voter's ballots. The director shall	319
deliver or mail with the ballots an unsealed identification	320
envelope upon the face of which shall be printed a form	321
substantially as follows:	322

"Identification Envelope Statement of Voter	323

I, ........................(Name of voter), declare under	324
penalty of election falsification that the within ballot or	325
ballots contained no voting marks of any kind when I received	326
them, and I caused the ballot or ballots to be marked, enclosed in	327
the identification envelope, and sealed in that envelope.	328

My voting residence in Ohio is

329

...................................................................	330

(Street and Number, if any, or Rural Route and Number)	331

of ................................ (City, Village, or Township)	332
Ohio, which is in Ward ............... Precinct ................	333
in that city, village, or township.	334

The primary election ballots, if any, within this envelope	335
are primary election ballots of the ............. Party.	336

Ballots contained within this envelope are to be voted at the	337
.......... (general, special, or primary) election to be held on	338
the .......................... day of ......................, ....	339

My date of birth is ............... (Month and Day),	340
.......... (Year).	341

(Voter must provide one of the following:)

342

My driver's license number is ............... (Driver's	343
license number).	344

The last four digits of my Social Security Number are	345
............... (Last four digits of Social Security Number).	346

...... In lieu of providing a driver's license number or the	347
last four digits of my Social Security Number, I am enclosing a	348
copy of one of the following in the return envelope in which this	349
identification envelope will be mailed: a current and valid photo	350
identification, a military identification, or a current utility	351
bill, bank statement, government check, paycheck, or other	352
government document, other than a notice of voter registration	353
mailed by a board of elections, that shows my name and address.	354

I hereby declare, under penalty of election falsification,	355
that the statements above are true, as I verily believe.	356

			357
	(Signature of Voter)		358

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	359
THE FIFTH DEGREE."	360

The director shall mail with the ballots and the unsealed	361
identification envelope an unsealed return envelope upon the face	362
of which shall be printed the official title and post-office	363
address of the director. In the upper left corner on the face of	364
the return envelope, several blank lines shall be printed upon	365
which the voter may write the voter's name and return address. The	366
return envelope shall be of such size that the identification	367
envelope can be conveniently placed within it for returning the	368
identification envelope to the director.	369

A board of elections that mails or otherwise delivers absent	370
voter's ballots to an elector under this section shall not prepay	371
the return postage for those ballots.	372

Except as otherwise provided in this section and in sections	373
3505.24 and 3509.08 of the Revised Code, an election official	374
shall not fill out any portion of an identification envelope	375
statement of voter or an absent voter's ballot on behalf of an	376
elector. A board of elections may preprint only an elector's name	377
and address on an identification envelope statement of voter	378
before mailing absent voter's ballots to the elector.	379

Sec. 3509.06. (A) The board of elections shall determine	380
whether absent voter's ballots shall be counted in each precinct,	381
at the office of the board, or at some other location designated	382
by the board, and shall proceed accordingly under division (B) or	383
(C) of this section.	384

(B) When the board of elections determines that absent	385
voter's ballots shall be counted in each precinct, the director	386
shall deliver to the presiding judge of each precinct on election	387
day identification envelopes purporting to contain absent voter's	388
ballots of electors whose voting residence appears from the	389
statement of voter on the outside of each of those envelopes, to	390
be located in such presiding judge's precinct, and which were	391
received by the director not later than the close of the polls on	392
election day. The director shall deliver to such presiding judge a	393
list containing the name and voting residence of each person whose	394
voting residence is in such precinct to whom absent voter's	395
ballots were mailed.	396

(C) When the board of elections determines that absent	397
voter's ballots shall be counted at the office of the board of	398
elections or at another location designated by the board, special	399
election judges shall be appointed by the board for that purpose	400
having the same authority as is exercised by precinct judges. The	401
votes so cast shall be added to the vote totals by the board, and	402
the absent voter's ballots shall be preserved separately by the	403
board, in the same manner and for the same length of time as	404
provided by section 3505.31 of the Revised Code.	405

(D) Each of the identification envelopes purporting to	406
contain absent voter's ballots delivered to the presiding judge of	407
the precinct or the special judge appointed by the board of	408
elections shall be handled as follows: ~~The~~	409

(1) The election officials shall compare the signature of the	410
elector on the outside of the identification envelope with the	411
signature of that elector on the elector's registration form and	412
verify that the absent voter's ballot is eligible to be counted	413
under section 3509.07 of the Revised Code. ~~Any~~	414

(2) Any of the precinct officials may challenge the right of	415
the elector named on the identification envelope to vote the	416
absent voter's ballots upon the ground that the signature on the	417
envelope is not the same as the signature on the registration	418
form, that the identification envelope statement of voter is	419
incomplete, or upon any other of the grounds upon which the right	420
of persons to vote may be lawfully challenged. If	421

(3)(a) An identification envelope statement of voter shall be	422
considered incomplete if it does not include all of the following:	423

(i) The voter's name;

424

(ii) The voter's residence address;

425

(iii) The voter's date of birth. The requirements of this	426
division are satisfied if the voter provided a date of birth and	427
any of the following is true:	428

(I) The month and day of the voter's date of birth on the	429
identification envelope statement of voter are not different from	430
the month and day of the voter's date of birth contained in the	431
statewide voter registration database.	432

(II) The voter's date of birth contained in the statewide	433
voter registration database is January 1, 1800.	434

(III) The board of elections has found, by a vote of at least	435
three of its members, that the voter has met the requirements of	436
divisions (D)(3)(a)(i), (ii), (iv), and (v) of this section.	437

(iv) The voter's signature; and

438

(v) One of the following forms of identification:

439

(I) The voter's driver's license number;

440

(II) The last four digits of the voter's social security	441
number; or	442

(III) A copy of a current and valid photo identification, a	443
military identification, or a current utility bill, bank	444
statement, government check, paycheck, or other government	445
document, other than a notice of voter registration mailed by a	446
board of elections, that shows the voter's name and address.	447

(b) If the election officials find that the identification	448
envelope statement of voter is incomplete or that the information	449
contained in that statement does not conform to the information	450
contained in the statewide voter registration database concerning	451
the voter, the election officials shall mail a written notice to	452
the voter, informing the voter of the nature of the defect. The	453
notice shall inform the voter that in order for the voter's ballot	454
to be counted, the voter must provide the necessary information to	455
the board of elections in writing and on a form prescribed by the	456
secretary of state not later than the seventh day after the day of	457
the election. The voter may deliver the form to the office of the	458
board in person or by mail. If the voter provides the necessary	459
information to the board of elections not later than the seventh	460
day after the day of the election and the ballot is not	461
successfully challenged on another basis, the voter's ballot shall	462
be counted in accordance with this section.	463

(4) If no such challenge is made, or if such a challenge is	464
made and not sustained, the presiding judge shall open the	465
envelope without defacing the statement of voter and without	466
mutilating the ballots in it, and shall remove the ballots	467
contained in it and proceed to count them.	468

(5) The name of each person voting who is entitled to vote	469
only an absent voter's presidential ballot shall be entered in a	470
pollbook or poll list or signature pollbook followed by the words	471
"Absentee Presidential Ballot." The name of each person voting an	472
absent voter's ballot, other than such persons entitled to vote	473
only a presidential ballot, shall be entered in the pollbook or	474
poll list or signature pollbook and the person's registration card	475
marked to indicate that the person has voted.	476

(6) The date of such election shall also be entered on the	477
elector's registration form. If any such challenge is made and	478
sustained, the identification envelope of such elector shall not	479
be opened, shall be endorsed "Not Counted" with the reasons the	480
ballots were not counted, and shall be delivered to the board.	481

(E) Special election judges, employees or members of the	482
board of elections, or observers shall not disclose the count or	483
any portion of the count of absent voter's ballots prior to the	484
time of the closing of the polling places. No person shall	485
recklessly disclose the count or any portion of the count of	486
absent voter's ballots in such a manner as to jeopardize the	487
secrecy of any individual ballot.	488

(F) Observers may be appointed under section 3505.21 of the	489
Revised Code to witness the examination and opening of	490
identification envelopes and the counting of absent voters'	491
ballots under this section.	492

Sec. 3509.07. If election officials find that any of the	493
following are true concerning an absent voter's ballot or absent	494
voter's presidential ballot and, if applicable, the person did not	495
provide any required additional information to the board of	496
elections not later than the seventh day after the day of the	497
election, as permitted under division (D)(3)(b) of section 3509.06	498
of the Revised Code, the ballot shall not be accepted or counted:	499

(A) The statement accompanying ~~an absent voter's ballot or~~	500
~~absent voter's presidential~~the ballot is incomplete as described	501
in division (D)(3)(a) of section 3509.06 of the Revised Code or is	502
insufficient~~, that the~~;	503

(B) The signatures do not correspond with the person's	504
registration signature~~, that the~~;	505

(C) The applicant is not a qualified elector in the precinct,	506
~~that the~~;	507

(D) The ballot envelope contains more than one ballot of any	508
one kind, or any voted ballot that the elector is not entitled to	509
vote~~, that~~;	510

(E) Stub A is detached from the absent voter's ballot or	511
absent voter's presidential ballot~~, or that the~~; or	512

(F) The elector has not included with the elector's ballot	513
any identification required under section 3509.05 or 3511.09 of	514
the Revised Code~~, the vote shall not be accepted or counted~~. ~~The~~	515

The vote of any absent voter may be challenged for cause in	516
the same manner as other votes are challenged, and the election	517
officials shall determine the legality of that ballot. Every	518
ballot not counted shall be endorsed on its back "Not Counted"	519
with the reasons the ballot was not counted, and shall be enclosed	520
and returned to or retained by the board of elections along with	521
the contested ballots.	522

Sec. 3511.02. Notwithstanding any section of the Revised	523
Code to the contrary, whenever any person applies for registration	524
as a voter on a form adopted in accordance with federal	525
regulations relating to the "Uniformed and Overseas Citizens	526
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	527
this application shall be sufficient for voter registration and as	528
a request for an absent voter's ballot. Uniformed services or	529
overseas absent voter's ballots may be obtained by any person	530
meeting the requirements of section 3511.011 of the Revised Code	531
by applying electronically to the secretary of state or to the	532
board of elections of the county in which the person's voting	533
residence is located in accordance with section 3511.021 of the	534
Revised Code or by applying to the director of the board of	535
elections of the county in which the person's voting residence is	536
located, in one of the following ways:	537

(A) That person may make written application for those	538
ballots. The person may personally deliver the application to the	539
director or may mail it, send it by facsimile machine, send it by	540
electronic mail, send it through internet delivery if such	541
delivery is offered by the board of elections or the secretary of	542
state, or otherwise send it to the director. The application need	543
not be in any particular form but shall contain all of the	544
following information:	545

(1) The elector's name;

546

(2) The elector's signature;

547

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

548

(4) The elector's date of birth;

549

(5) One of the following:

550

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

551

(b) The last four digits of the elector's social security	552
number;	553

(c) A copy of the elector's current and valid photo	554
identification, a copy of a military identification, or a copy of	555
a current utility bill, bank statement, government check,	556
paycheck, or other government document, other than a notice of	557
voter registration mailed by a board of elections under section	558
3503.19 of the Revised Code, that shows the name and address of	559
the elector.	560

(6) A statement identifying the election for which absent	561
voter's ballots are requested;	562

(7) A statement that the person requesting the ballots is a	563
qualified elector;	564

(8) A statement that the elector is an absent uniformed	565
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	566

(9) A statement of the elector's length of residence in the	567
state immediately preceding the commencement of service,	568
immediately preceding the date of leaving to be with or near the	569
service member, or immediately preceding leaving the United	570
States, or a statement that the elector's parent or legal guardian	571
resided in this state long enough to establish residency for	572
voting purposes immediately preceding leaving the United States,	573
whichever is applicable;	574

(10) If the request is for primary election ballots, the	575
elector's party affiliation;	576

(11) If the elector desires ballots to be mailed to the	577
elector, the address to which those ballots shall be mailed;	578

(12) If the elector desires ballots to be sent to the elector	579
by facsimile machine, the telephone number to which they shall be	580
so sent;	581

(13) If the elector desires ballots to be sent to the elector	582
by electronic mail or, if offered by the board of elections or the	583
secretary of state, through internet delivery, the elector's	584
electronic mail address or other internet contact information.	585

(B) A voter or any relative of a voter listed in division (C)	586
of this section may use a single federal post card application to	587
apply for uniformed services or overseas absent voter's ballots	588
for use at the primary and general elections in a given year and	589
any special election to be held on the day in that year specified	590
by division (E) of section 3501.01 of the Revised Code for the	591
holding of a primary election, designated by the general assembly	592
for the purpose of submitting constitutional amendments proposed	593
by the general assembly to the voters of the state. A single	594
federal postcard application shall be processed by the board of	595
elections pursuant to section 3511.04 of the Revised Code the same	596
as if the voter had applied separately for uniformed services or	597
overseas absent voter's ballots for each election.	598

(C) Application to have uniformed services or overseas absent	599
voter's ballots mailed or sent by facsimile machine to such a	600
person may be made by the spouse, father, mother, father-in-law,	601
mother-in-law, grandfather, grandmother, brother or sister of the	602
whole blood or half blood, son, daughter, adopting parent, adopted	603
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle,	604
aunt, nephew, or niece of such a person. The application shall be	605
in writing upon a blank form furnished only by the director or on	606
a single federal post card as provided in division (B) of this	607
section. The form of the application shall be prescribed by the	608
secretary of state. The director shall furnish that blank form to	609
any of the relatives specified in this division desiring to make	610
the application, only upon the request of such a relative made in	611
person at the office of the board or upon the written request of	612
such a relative mailed to the office of the board. The	613
application, subscribed and sworn to by the applicant, shall	614
contain all of the following:	615

(1) The full name of the elector for whom ballots are	616
requested;	617

(2) A statement that the elector is an absent uniformed	618
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	619

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

620

(4) A statement identifying the elector's length of residence	621
in the state immediately preceding the commencement of service,	622
immediately preceding the date of leaving to be with or near a	623
service member, or immediately preceding leaving the United	624
States, or a statement that the elector's parent or legal guardian	625
resided in this state long enough to establish residency for	626
voting purposes immediately preceding leaving the United States,	627
as the case may be;	628

(5) The elector's date of birth;

629

(6) One of the following:

630

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

631

(b) The last four digits of the elector's social security	632
number;	633

(c) A copy of the elector's current and valid photo	634
identification, a copy of a military identification, or a copy of	635
a current utility bill, bank statement, government check,	636
paycheck, or other government document, other than a notice of	637
voter registration mailed by a board of elections under section	638
3503.19 of the Revised Code, that shows the name and address of	639
the elector.	640

(7) A statement identifying the election for which absent	641
voter's ballots are requested;	642

(8) A statement that the person requesting the ballots is a	643
qualified elector;	644

(9) If the request is for primary election ballots, the	645
elector's party affiliation;	646

(10) A statement that the applicant bears a relationship to	647
the elector as specified in division (C) of this section;	648

(11) The address to which ballots shall be mailed, the	649
telephone number to which ballots shall be sent by facsimile	650
machine, the electronic mail address to which ballots shall be	651
sent by electronic mail, or, if internet delivery is offered by	652
the board of elections or the secretary of state, the internet	653
contact information to which ballots shall be sent through	654
internet delivery;	655

(12) The signature and address of the person making the	656
application.	657

Each application for uniformed services or overseas absent	658
voter's ballots shall be delivered to the director not earlier	659
than the first day of January of the year of the elections for	660
which the uniformed services or overseas absent voter's ballots	661
are requested or not earlier than ninety days before the day of	662
the election at which the ballots are to be voted, whichever is	663
earlier, and not later than twelve noon of the third day preceding	664
the day of the election, or not later than six p.m. on the last	665
Friday before the day of the election at which those ballots are	666
to be voted if the application is delivered in person to the	667
office of the board.	668

(D) If the voter for whom the application is made is entitled	669
to vote for presidential and vice-presidential electors only, the	670
applicant shall submit to the director in addition to the	671
requirements of divisions (A), (B), and (C) of this section, a	672
statement to the effect that the voter is qualified to vote for	673
presidential and vice-presidential electors and for no other	674
offices.	675

(E) A board of elections that mails a federal post card	676
application or other absent voter's ballot application to an	677
elector under this section shall not prepay the return postage for	678
that application.	679

(F) Except as otherwise provided in this section and in	680
sections 3505.24 and 3509.08 of the Revised Code, an election	681
official shall not fill out any portion of a federal post card	682
application or other application for absent voter's ballots on	683
behalf of an applicant. The secretary of state or a board of	684
elections may preprint only an applicant's name and address on a	685
federal post card application or other application for absent	686
voter's ballots before mailing that application to the applicant.	687

Sec. 3511.04. (A) If a director of a board of elections	688
receives an application for uniformed services or overseas absent	689
voter's ballots that does not contain all of the required	690
information, the director promptly shall notify the applicant of	691
the additional information required to be provided by the	692
applicant to complete that application.	693

(B) Not later than the forty-fifth day before the day of each	694
general or primary election, and at the earliest possible time	695
before the day of a special election held on a day other than the	696
day on which a general or primary election is held, the director	697
of the board of elections shall mail, send by facsimile machine,	698
send by electronic mail, send through internet delivery if such	699
delivery is offered by the board of elections or the secretary of	700
state, or otherwise send uniformed services or overseas absent	701
voter's ballots then ready for use as provided for in section	702
3511.03 of the Revised Code and for which the director has	703
received valid applications prior to that time. Thereafter, and	704
until twelve noon of the third day preceding the day of election,	705
the director shall promptly, upon receipt of valid applications	706
for them, mail, send by facsimile machine, send by electronic	707
mail, send through internet delivery if such delivery is offered	708
by the board of elections or the secretary of state, or otherwise	709
send to the proper persons all uniformed services or overseas	710
absent voter's ballots then ready for use.	711

If, after the seventieth day before the day of a general or	712
primary election, any other question, issue, or candidacy is	713
lawfully ordered submitted to the electors voting at the general	714
or primary election, the board shall promptly provide a separate	715
official issue, special election, or other election ballot for	716
submitting the question, issue, or candidacy to those electors,	717
and the director shall promptly mail, send by facsimile machine,	718
send by electronic mail, send through internet delivery if such	719
delivery is offered by the board of elections or the secretary of	720
state, or otherwise send each such separate ballot to each person	721
to whom the director has previously mailed or sent other uniformed	722
services or overseas absent voter's ballots.	723

A board of elections that mails or otherwise delivers	724
uniformed services or overseas absent voter's ballots to an	725
elector under this section shall not prepay the return postage for	726
those ballots. In mailing uniformed services or overseas absent	727
voter's ballots, the director shall use the fastest mail service	728
available, but the director shall not mail them by certified mail.	729

Sec. 3511.05. (A) The director of the board of elections	730
shall place uniformed services or overseas absent voter's ballots	731
sent by mail in an unsealed identification envelope, gummed ready	732
for sealing. The director shall include with uniformed services or	733
overseas absent voter's ballots sent electronically, including by	734
facsimile machine, an instruction sheet for preparing a gummed	735
envelope in which the ballots shall be returned. The envelope for	736
returning ballots sent by either means shall have printed or	737
written on its face a form substantially as follows:	738

"Identification Envelope Statement of Voter	739

I, ........................(Name of voter), declare under	740
penalty of election falsification that the within ballot or	741
ballots contained no voting marks of any kind when I received	742
them, and I caused the ballot or ballots to be marked, enclosed in	743
the identification envelope, and sealed in that envelope.	744

My voting residence in Ohio is

745

...................................................................	746

(Street and Number, if any, or Rural Route and Number)	747

of ................................ (City, Village, or Township)	748
Ohio, which is in Ward ............... Precinct ................	749
in that city, village, or township.	750

The primary election ballots, if any, within this envelope	751
are primary election ballots of the ............. Party.	752

Ballots contained within this envelope are to be voted at the	753
.......... (general, special, or primary) election to be held on	754
the .......................... day of ......................, ....	755

My date of birth is ............... (Month and Day),	756
.......... (Year).	757

(Voter must provide one of the following:)

758

My driver's license number is ............... (Driver's	759
license number).	760

The last four digits of my Social Security Number are	761
............... (Last four digits of Social Security Number).	762

...... In lieu of providing a driver's license number or the	763
last four digits of my Social Security Number, I am enclosing a	764
copy of one of the following in the return envelope in which this	765
identification envelope will be mailed: a current and valid photo	766
identification, a military identification, or a current utility	767
bill, bank statement, government check, paycheck, or other	768
government document, other than a notice of voter registration	769
mailed by a board of elections, that shows my name and address.	770

I hereby declare, under penalty of election falsification,	771
that the statements above are true, as I verily believe.	772

			773
	(Signature of Voter)		774

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	775
THE FIFTH DEGREE."	776

(B) The director shall also mail with the ballots and the	777
unsealed identification envelope sent by mail an unsealed return	778
envelope, gummed, ready for sealing, for use by the voter in	779
returning the voter's marked ballots to the director. The director	780
shall send with the ballots and the instruction sheet for	781
preparing a gummed envelope sent electronically, including by	782
facsimile machine, an instruction sheet for preparing a second	783
gummed envelope as described in this division, for use by the	784
voter in returning that voter's marked ballots to the director.	785
The return envelope shall have two parallel lines, each one	786
quarter of an inch in width, printed across its face paralleling	787
the top, with an intervening space of one quarter of an inch	788
between such lines. The top line shall be one and one-quarter	789
inches from the top of the envelope. Between the parallel lines	790
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR	791
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	792
lines shall be printed in the upper left corner on the face of the	793
envelope for the use by the voter in placing the voter's complete	794
military, naval, or mailing address on these lines, and beneath	795
these lines there shall be printed a box beside the words "check	796
if out-of-country." The voter shall check this box if the voter	797
will be outside the United States on the day of the election. The	798
official title and the post-office address of the director to whom	799
the envelope shall be returned shall be printed on the face of	800
such envelope in the lower right portion below the bottom parallel	801
line.	802

(C) On the back of each identification envelope and each	803
return envelope shall be printed the following:	804

"Instructions to voter:	805

If the flap on this envelope is so firmly stuck to the back	806
of the envelope when received by you as to require forcible	807
opening in order to use it, open the envelope in the manner least	808
injurious to it, and, after marking your ballots and enclosing	809
same in the envelope for mailing them to the director of the board	810
of elections, reclose the envelope in the most practicable way, by	811
sealing or otherwise, and sign the blank form printed below.	812

The flap on this envelope was firmly stuck to the back of the	813
envelope when received, and required forced opening before sealing	814
and mailing.	815

			816
	(Signature of voter)"		817

(D) Division (C) of this section does not apply when absent	818
voter's ballots are sent electronically, including by facsimile	819
machine.	820

(E) Except as otherwise provided in this division and in	821
sections 3505.24 and 3509.08 of the Revised Code, an election	822
official shall not fill out any portion of an identification	823
envelope statement of voter or an absent voter's ballot on behalf	824
of an elector. A board of elections may preprint only an elector's	825
name and address on an identification envelope statement of voter	826
before mailing or electronically transmitting absent voter's	827
ballots to the elector.	828

Sec. 3511.10. If, after the thirty-fifth day and before the	829
close of the polls on the day of a general or primary election, a	830
valid application for uniformed services or overseas absent	831
voter's ballots is delivered to the director of the board of	832
elections at the office of the board by a person making the	833
application on the person's own behalf, the director shall	834
forthwith deliver to the person all uniformed services or overseas	835
absent voter's ballots then ready for use, together with an	836
identification envelope. The person shall then immediately retire	837
to a voting booth in the office of the board, and mark the	838
ballots. The person shall then fold each ballot separately so as	839
to conceal the person's markings thereon, and deposit all of the	840
ballots in the identification envelope and securely seal it.	841
Thereupon the person shall fill in answers to the questions on the	842
face of the identification envelope, and by writing the person's	843
usual signature in the proper place thereon, the person shall	844
declare under penalty of election falsification that the answers	845
to those questions are true and correct to the best of that	846
person's knowledge and belief. The person shall then deliver the	847
identification envelope to the director. If thereafter, and before	848
the third day preceding such election, the board provides	849
additional separate official issue or special election ballots, as	850
provided for in section 3511.04 of the Revised Code, the director	851
shall promptly, and not later than twelve noon of the third day	852
preceding the day of election, mail such additional ballots to	853
such person at the address specified by that person for that	854
purpose. Except as otherwise provided in sections 3505.24 and	855
3509.08 of the Revised Code, an election official shall not fill	856
out any portion of an application for absent voter's ballots, an	857
identification envelope statement of voter, or an absent voter's	858
ballot requested under this section on behalf of an applicant.	859

In the event any person serving in the armed forces of the	860
United States is discharged after the closing date of	861
registration, and that person or that person's spouse, or both,	862
meets all the other qualifications set forth in section 3511.011	863
of the Revised Code, the person or spouse shall be permitted to	864
vote prior to the date of the election in the office of the board	865
in the person's or spouse's county, as set forth in this section.	866

Section 2. That existing sections 3501.05, 3505.24, 3509.03,	867
3509.04, 3509.06, 3509.07, 3511.02, 3511.04, 3511.05, and 3511.10	868
of the Revised Code are hereby repealed.	869

Section 3. Notwithstanding any provision of section 3501.05	870
of the Revised Code to the contrary, as amended by this act, the	871
Secretary of State may mail unsolicited applications for absent	872
voter's ballots to individuals for elections occurring in 2014,	873
regardless of whether the General Assembly has made an	874
appropriation for that purpose.	875

Section 4. Sections 1, 2, and 3 of this act take effect June	876
1, 2014.	877