As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 337


Senator Turner 

Cosponsors: Senators Schiavoni, Tavares, Seitz 

A BILL
To amend sections 3501.05 and 3517.153 of the Revised 1
Code to permit the Secretary of State and the Ohio 2
Elections Commission to issue subpoenas and 3
summons in the performance of their duties, as 4
authorized under the Elections Law, to any person 5
outside the state and to provide for the 6
enforcement of the subpoenas and summons under the 7
Elections Law.8


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

       Section 1.  That sections 3501.05 and 3517.153 of the Revised 9
Code be amended to read as follows:10

       Sec. 3501.05.  The secretary of state shall do all of the 11
following:12

       (A) Appoint all members of boards of elections;13

       (B) Issue instructions by directives and advisories in 14
accordance with section 3501.053 of the Revised Code to members of 15
the boards as to the proper methods of conducting elections. 16

       (C) Prepare rules and instructions for the conduct of 17
elections;18

       (D) Publish and furnish to the boards from time to time a 19
sufficient number of indexed copies of all election laws then in 20
force;21

       (E) Edit and issue all pamphlets concerning proposed laws or 22
amendments required by law to be submitted to the voters;23

       (F) Prescribe the form of registration cards, blanks, and 24
records;25

       (G) Determine and prescribe the forms of ballots and the 26
forms of all blanks, cards of instructions, pollbooks, tally 27
sheets, certificates of election, and forms and blanks required by 28
law for use by candidates, committees, and boards;29

       (H) Prepare the ballot title or statement to be placed on the 30
ballot for any proposed law or amendment to the constitution to be 31
submitted to the voters of the state;32

       (I) Except as otherwise provided in section 3519.08 of the 33
Revised Code, certify to the several boards the forms of ballots 34
and names of candidates for state offices, and the form and 35
wording of state referendum questions and issues, as they shall 36
appear on the ballot;37

       (J) Except as otherwise provided in division (I)(2)(b) of 38
section 3501.38 of the Revised Code, give final approval to ballot 39
language for any local question or issue approved and transmitted 40
by boards of elections under section 3501.11 of the Revised Code;41

       (K) Receive all initiative and referendum petitions on state 42
questions and issues and determine and certify to the sufficiency 43
of those petitions;44

       (L) Require such reports from the several boards as are 45
provided by law, or as the secretary of state considers necessary;46

       (M) Compel the observance by election officers in the several 47
counties of the requirements of the election laws;48

       (N)(1) Except as otherwise provided in division (N)(2) of 49
this section, investigate the administration of election laws, 50
frauds, and irregularities in elections in any county, and report 51
violations of election laws to the attorney general or prosecuting 52
attorney, or both, for prosecution;53

       (2) On and after August 24, 1995, report a failure to comply 54
with or a violation of a provision in sections 3517.08 to 3517.13, 55
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the 56
Revised Code, whenever the secretary of state has or should have 57
knowledge of a failure to comply with or a violation of a 58
provision in one of those sections, by filing a complaint with the 59
Ohio elections commission under section 3517.153 of the Revised 60
Code;61

       (O) Make an annual report to the governor containing the 62
results of elections, the cost of elections in the various 63
counties, a tabulation of the votes in the several political 64
subdivisions, and other information and recommendations relative 65
to elections the secretary of state considers desirable;66

       (P) Prescribe and distribute to boards of elections a list of 67
instructions indicating all legal steps necessary to petition 68
successfully for local option elections under sections 4301.32 to 69
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;70

       (Q) Adopt rules pursuant to Chapter 119. of the Revised Code 71
for the removal by boards of elections of ineligible voters from 72
the statewide voter registration database and, if applicable, from 73
the poll list or signature pollbook used in each precinct, which 74
rules shall provide for all of the following:75

       (1) A process for the removal of voters who have changed 76
residence, which shall be uniform, nondiscriminatory, and in 77
compliance with the Voting Rights Act of 1965 and the National 78
Voter Registration Act of 1993, including a program that uses the 79
national change of address service provided by the United States 80
postal system through its licensees;81

        (2) A process for the removal of ineligible voters under 82
section 3503.21 of the Revised Code;83

       (3) A uniform system for marking or removing the name of a 84
voter who is ineligible to vote from the statewide voter 85
registration database and, if applicable, from the poll list or 86
signature pollbook used in each precinct and noting the reason for 87
that mark or removal.88

       (R) Prescribe a general program for registering voters or 89
updating voter registration information, such as name and 90
residence changes, by boards of elections, designated agencies, 91
offices of deputy registrars of motor vehicles, public high 92
schools and vocational schools, public libraries, and offices of 93
county treasurers consistent with the requirements of section 94
3503.09 of the Revised Code;95

       (S) Prescribe a program of distribution of voter registration 96
forms through boards of elections, designated agencies, offices of 97
the registrar and deputy registrars of motor vehicles, public high 98
schools and vocational schools, public libraries, and offices of 99
county treasurers;100

       (T) To the extent feasible, provide copies, at no cost and 101
upon request, of the voter registration form in post offices in 102
this state;103

       (U) Adopt rules pursuant to section 111.15 of the Revised 104
Code for the purpose of implementing the program for registering 105
voters through boards of elections, designated agencies, and the 106
offices of the registrar and deputy registrars of motor vehicles 107
consistent with this chapter;108

       (V) Establish the full-time position of Americans with 109
Disabilities Act coordinator within the office of the secretary of 110
state to do all of the following:111

       (1) Assist the secretary of state with ensuring that there is 112
equal access to polling places for persons with disabilities;113

       (2) Assist the secretary of state with ensuring that each 114
voter may cast the voter's ballot in a manner that provides the 115
same opportunity for access and participation, including privacy 116
and independence, as for other voters;117

       (3) Advise the secretary of state in the development of 118
standards for the certification of voting machines, marking 119
devices, and automatic tabulating equipment.120

       (W) Establish and maintain a computerized statewide database 121
of all legally registered voters under section 3503.15 of the 122
Revised Code that complies with the requirements of the "Help 123
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, 124
and provide training in the operation of that system;125

       (X) Ensure that all directives, advisories, other 126
instructions, or decisions issued or made during or as a result of 127
any conference or teleconference call with a board of elections to 128
discuss the proper methods and procedures for conducting 129
elections, to answer questions regarding elections, or to discuss 130
the interpretation of directives, advisories, or other 131
instructions issued by the secretary of state are posted on a web 132
site of the office of the secretary of state as soon as is 133
practicable after the completion of the conference or 134
teleconference call, but not later than the close of business on 135
the same day as the conference or teleconference call takes place.136

       (Y) Publish a report on a web site of the office of the 137
secretary of state not later than one month after the completion 138
of the canvass of the election returns for each primary and 139
general election, identifying, by county, the number of absent 140
voter's ballots cast and the number of those ballots that were 141
counted, and the number of provisional ballots cast and the number 142
of those ballots that were counted, for that election. The 143
secretary of state shall maintain the information on the web site 144
in an archive format for each subsequent election.145

       (Z) Conduct voter education outlining voter identification, 146
absent voters ballot, provisional ballot, and other voting 147
requirements;148

       (AA) Establish a procedure by which a registered elector may 149
make available to a board of elections a more recent signature to 150
be used in the poll list or signature pollbook produced by the 151
board of elections of the county in which the elector resides;152

       (BB) Disseminate information, which may include all or part 153
of the official explanations and arguments, by means of direct 154
mail or other written publication, broadcast, or other means or 155
combination of means, as directed by the Ohio ballot board under 156
division (F) of section 3505.062 of the Revised Code, in order to 157
inform the voters as fully as possible concerning each proposed 158
constitutional amendment, proposed law, or referendum;159

       (CC) Be the single state office responsible for the 160
implementation of the "Uniformed and Overseas Citizens Absentee 161
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, 162
et seq., as amended, in this state. The secretary of state may 163
delegate to the boards of elections responsibilities for the 164
implementation of that act, including responsibilities arising 165
from amendments to that act made by the "Military and Overseas 166
Voter Empowerment Act," Subtitle H of the "National Defense 167
Authorization Act for Fiscal Year 2010," Pub. L. No. 111-84, 123 168
Stat. 3190.169

       (DD) Perform other duties required by law.170

       Whenever a primary election is held under section 3513.32 of 171
the Revised Code or a special election is held under section 172
3521.03 of the Revised Code to fill a vacancy in the office of 173
representative to congress, the secretary of state shall establish 174
a deadline, notwithstanding any other deadline required under the 175
Revised Code, by which any or all of the following shall occur: 176
the filing of a declaration of candidacy and petitions or a 177
statement of candidacy and nominating petition together with the 178
applicable filing fee; the filing of protests against the 179
candidacy of any person filing a declaration of candidacy or 180
nominating petition; the filing of a declaration of intent to be a 181
write-in candidate; the filing of campaign finance reports; the 182
preparation of, and the making of corrections or challenges to, 183
precinct voter registration lists; the receipt of applications for 184
absent voter's ballots or armed serviceuniformed services or 185
overseas absent voter's ballots; the supplying of election 186
materials to precincts by boards of elections; the holding of 187
hearings by boards of elections to consider challenges to the 188
right of a person to appear on a voter registration list; and the 189
scheduling of programs to instruct or reinstruct election 190
officers.191

       In the performance of the secretary of state's duties as the 192
chief election officer, the secretary of state may administer 193
oaths, issue subpoenas to any person within or without the state, 194
summon witnesses within or without the state, compel the 195
production of books, papers, records, and other evidence, and fix 196
the time and place for hearing any matters relating to the 197
administration and enforcement of the election laws. Any person, 198
within or without the state, who fails to obey a subpoena or 199
summons issued by the secretary of state pursuant to this section 200
may be prosecuted under section 3599.37 of the Revised Code, as 201
applicable.202

       In any controversy involving or arising out of the adoption 203
of registration or the appropriation of funds for registration, 204
the secretary of state may, through the attorney general, bring an 205
action in the name of the state in the court of common pleas of 206
the county where the cause of action arose or in an adjoining 207
county, to adjudicate the question.208

       In any action involving the laws in Title XXXV of the Revised 209
Code wherein the interpretation of those laws is in issue in such 210
a manner that the result of the action will affect the lawful 211
duties of the secretary of state or of any board of elections, the 212
secretary of state may, on the secretary of state's motion, be 213
made a party.214

       The secretary of state may apply to any court that is hearing 215
a case in which the secretary of state is a party, for a change of 216
venue as a substantive right, and the change of venue shall be 217
allowed, and the case removed to the court of common pleas of an 218
adjoining county named in the application or, if there are cases 219
pending in more than one jurisdiction that involve the same or 220
similar issues, the court of common pleas of Franklin county.221

       Public high schools and vocational schools, public libraries, 222
and the office of a county treasurer shall implement voter 223
registration programs as directed by the secretary of state 224
pursuant to this section.225

       Sec. 3517.153.  (A) Upon the filing of a complaint with the 226
Ohio elections commission, which shall be made by affidavit of any 227
person, on personal knowledge, and subject to the penalties for 228
perjury, or upon the filing of a complaint made by the secretary 229
of state or an official at the board of elections, setting forth a 230
failure to comply with or a violation of any provision in sections 231
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, 232
or 3599.031 of the Revised Code, the commission shall proceed in 233
accordance with sections 3517.154 to 3517.157 of the Revised Code. 234

       (B) The commission shall prescribe the form for complaints 235
made under division (A) of this section. The secretary of state 236
and boards of elections shall furnish the information that the 237
commission requests. The commission or a member of the commission 238
may administer oaths, and the commission may issue subpoenas to 239
any person inwithin or without the state compelling the 240
attendance of witnesses and the production of relevant papers, 241
books, accounts, and reports. Any person, within or without the 242
state, who fails to obey a subpoena issued by the commission 243
pursuant to this section may be prosecuted under section 3599.37 244
of the Revised Code, as applicable. Section 101.42 of the Revised 245
Code governs the issuance of subpoenas insofar as applicable. Upon 246
the refusal of any person to obey a subpoena or to be sworn or to 247
answer as a witness, the commission may apply to the court of 248
common pleas of Franklin county under section 2705.03 of the 249
Revised Code. The court shall hold proceedings in accordance with 250
Chapter 2705. of the Revised Code. 251

       (C) No prosecution shall commence for a violation of a 252
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18, 253
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code 254
unless a complaint has been filed with the commission under this 255
section and all proceedings of the commission or a panel of the 256
commission, as appropriate, under sections 3517.154 to 3517.157 of 257
the Revised Code are completed. 258

       (D) The commission may recommend legislation and render 259
advisory opinions concerning sections 3517.08, 3517.082, 3517.092, 260
3517.102, 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20 to 261
3517.22, 3599.03, and 3599.031 of the Revised Code for persons 262
over whose acts it has or may have jurisdiction. When the 263
commission renders an advisory opinion relating to a specific set 264
of circumstances involving any of those sections stating that 265
there is no violation of a provision in those sections, the person 266
to whom the opinion is directed or a person who is similarly 267
situated may reasonably rely on the opinion and is immune from 268
criminal prosecution and a civil action, including, without 269
limitation, a civil action for removal from public office or 270
employment, based on facts and circumstances covered by the 271
opinion. 272

       (E) The commission shall establish a web site on which it 273
shall post, at a minimum, all decisions and advisory opinions 274
issued by the commission and copies of each election law as it is 275
amended by the general assembly. The commission shall update the 276
web site regularly to reflect any changes to those decisions and 277
advisory opinions and any new decisions and advisory opinions. 278

       Section 2.  That existing sections 3501.05 and 3517.153 of 279
the Revised Code are hereby repealed.280