As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 47


Senator Seitz 

Cosponsor: Senator Eklund 



A BILL
To amend sections 3.02, 302.09, 305.02, 503.24, 1
733.31, 1901.10, 2301.02, 3501.301, 3501.38, 2
3503.06, 3503.14, 3503.16, 3503.19, 3503.28, 3
3505.13, 3505.18, 3505.181, 3505.182, 3505.183, 4
3509.03, 3509.04, 3509.05, 3511.02, 3511.05, 5
3511.09, 3513.04, 3513.262, 3513.263, 3513.30, 6
3513.31, and 3519.16 and to enact section 3501.302 7
of the Revised Code to revise the Election Law.8


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

       Section 1. That sections 3.02, 302.09, 305.02, 503.24, 9
733.31, 1901.10, 2301.02, 3501.301, 3501.38, 3503.06, 3503.14, 10
3503.16, 3503.19, 3503.28, 3505.13, 3505.18, 3505.181, 3505.182, 11
3505.183, 3509.03, 3509.04, 3509.05, 3511.02, 3511.05, 3511.09, 12
3513.04, 3513.262, 3513.263, 3513.30, 3513.31, and 3519.16 be 13
amended and section 3501.302 of the Revised Code be enacted to 14
read as follows:15

       Sec. 3.02.  (A) When an elective office becomes vacant and is 16
filled by appointment, such appointee shall hold the office until 17
the appointee's successor is elected and qualified; and such 18
successor shall be elected for the unexpired term, at the first 19
general election for the office which is vacant that occurs more 20
than fifty-sixforty days after the vacancy has occurred; provided 21
that when the unexpired term ends within one year immediately 22
following the date of such general election, an election to fill 23
such unexpired term shall not be held and the appointment shall be 24
for such unexpired term.25

       (B) When an elective office becomes vacant and is filled by 26
appointment, the appointing authority shall, immediately but no 27
later than seven days after making the appointment, certify it to 28
the board of elections and to the secretary of state. The board of 29
elections or, in the case of an appointment to a statewide office, 30
the secretary of state shall issue a certificate of appointment to 31
the appointee. Certificates of appointment shall be in such form 32
as the secretary of state shall prescribe.33

       (C) When an elected candidate fails to qualify for the office 34
to which the candidate has been elected, the office shall be 35
filled as in the case of a vacancy. Until so filled, the incumbent 36
officer shall continue to hold office. This section does not 37
postpone the time for such election beyond that at which it would 38
have been held had no such vacancy occurred, or affect the 39
official term, or the time for the commencement thereof, of any 40
person elected to such office before the occurrence of such 41
vacancy.42

       Sec. 302.09.  When a vacancy occurs in the board of county 43
commissioners or in the office of county auditor, county 44
treasurer, prosecuting attorney, clerk of the court of common 45
pleas, sheriff, county recorder, county engineer, or coroner more 46
than fifty-sixforty days before the next general election for 47
state and county officers, the vacancy shall be filled as provided 48
for in divisions (A) and (B) of section 305.02 of the Revised 49
Code.50

       Sec. 305.02.  (A) If a vacancy in the office of county 51
commissioner, prosecuting attorney, county auditor, county 52
treasurer, clerk of the court of common pleas, sheriff, county 53
recorder, county engineer, or coroner occurs more than fifty-six54
forty days before the next general election for state and county 55
officers, a successor shall be elected at such election for the 56
unexpired term unless such term expires within one year 57
immediately following the date of such general election.58

       In either event, the vacancy shall be filled as provided in 59
this section and the appointee shall hold office until a successor 60
is elected and qualified.61

       (B) If a vacancy occurs from any cause in any of the offices 62
named in division (A) of this section, the county central 63
committee of the political party with which the last occupant of 64
the office was affiliated shall appoint a person to hold the 65
office and to perform the duties thereof until a successor is 66
elected and has qualified, except that if such vacancy occurs 67
because of the death, resignation, or inability to take the office 68
of an officer-elect whose term has not yet begun, an appointment 69
to take such office at the beginning of the term shall be made by 70
the central committee of the political party with which such 71
officer-elect was affiliated.72

       (C) Not less than five nor more than forty-five days after a 73
vacancy occurs, the county central committee shall meet for the 74
purpose of making an appointment under this section. Not less than 75
four days before the date of such meeting the chairperson or 76
secretary of such central committee shall send by first class mail 77
to every member of such central committee a written notice which 78
shall state the time and place of such meeting and the purpose 79
thereof. A majority of the members of the central committee 80
present at such meeting may make the appointment.81

       (D) If the last occupant of the office or the officer-elect 82
was elected as an independent candidate, the board of county 83
commissioners shall make such appointment at the time when the 84
vacancy occurs, except where the vacancy is in the office of 85
county commissioner, in which case the prosecuting attorney and 86
the remaining commissioners or a majority of them shall make the 87
appointment.88

       (E) Appointments made under this section shall be certified 89
by the appointing county central committee or by the board of 90
county commissioners to the county board of elections and to the 91
secretary of state, and the persons so appointed and certified 92
shall be entitled to all remuneration provided by law for the 93
offices to which they are appointed.94

       (F) The board of county commissioners may appoint a person to 95
hold any of the offices named in division (A) of this section as 96
an acting officer and to perform the duties thereof between the 97
occurrence of the vacancy and the time when the officer appointed 98
by the central committee qualifies and takes the office.99

       (G) A person appointed prosecuting attorney or assistant 100
prosecuting attorney shall give bond and take the oath of office 101
prescribed by section 309.03 of the Revised Code for the 102
prosecuting attorney.103

       Sec. 503.24.  If there is a vacancy by reason of the 104
nonacceptance, death, or removal of a person chosen to an office 105
in any township at the regular election, or if there is a vacancy 106
from any other cause, the board of township trustees shall appoint 107
a person having the qualifications of an elector to fill such 108
vacancy for the unexpired term or until a successor is elected.109

       If a township is without a board or if no appointment is made 110
within thirty days after the occurrence of a vacancy, a majority 111
of the persons designated as the committee of five on the 112
last-filed nominating petition of the township officer whose 113
vacancy is to be filled who are residents of the township shall 114
appoint a person having the qualifications of an elector to fill 115
the vacancy for the unexpired term or until a successor is 116
elected. If at least three of the committee members who are 117
residents of the township cannot be found, or if that number of 118
such members fails to make an appointment within ten days after 119
the thirty-day period in which the board of township trustees is 120
authorized to make an appointment, then the presiding probate 121
judge of the county shall appoint a suitable person having the 122
qualifications of an elector in the township to fill the vacancy 123
for the unexpired term or until a successor is elected.124

       If a vacancy occurs in a township elective office more than 125
fifty-sixforty days before the next general election for 126
municipal and township officers a successor shall be chosen at 127
that election to fill the unexpired term, provided the term does 128
not expire within one year from the day of the election. If the 129
term expires within one year from the day of the next general 130
election for municipal and township officers, a successor 131
appointed pursuant to this section shall serve out the unexpired 132
term.133

       Sec. 733.31.  (A) Unless otherwise provided by law, vacancies 134
arising in appointive and elective offices of villages shall be 135
filled by appointment by the mayor for the remainder of the 136
unexpired term, provided that:137

       (1) Vacancies in the office of mayor shall be filled in the 138
manner provided by section 733.25 of the Revised Code;139

       (2) Vacancies in the membership of the legislative authority 140
shall be filled in the manner provided by section 731.43 of the 141
Revised Code;142

       (3) Vacancies in the office of president pro tempore of a 143
village legislative authority shall be filled in the manner 144
provided by section 731.11 of the Revised Code.145

       In the event of a vacancy in the office of village clerk or 146
treasurer, the mayor may appoint a person to serve as an acting 147
officer to perform the duties of the office until a permanent 148
officer is appointed to fill the vacancy.149

       (B) Unless otherwise provided by law, vacancies arising in 150
appointive offices of cities shall be filled by appointment by the 151
mayor for the remainder of the unexpired term.152

       (C) A vacancy in the office of president of the legislative 153
authority of a city shall be filled in the same manner as provided 154
in division (D) of this section. Vacancies in the office of mayor 155
of a city shall be filled in the manner provided in section 733.08 156
of the Revised Code. Vacancies in the membership of the 157
legislative authority of a city shall be filled in the manner 158
provided in section 731.43 of the Revised Code.159

       (D) In case of the death, resignation, removal, or disability 160
of the director of law, auditor, or treasurer of a city and such 161
vacancy occurs more than fifty-sixforty days before the next 162
general election for such office, a successor shall be elected at 163
such election for the unexpired term unless such term expires 164
within one year immediately following the date of such general 165
election. In either event, the vacancy shall be filled as provided 166
in this section and the appointee shall hold office until a 167
successor is elected and qualified.168

       (1) The county central committee of the political party with 169
which the last occupant of the office was affiliated, acting 170
through its members who reside in the city where the vacancy 171
occurs, shall appoint a person to hold the office and to perform 172
the duties thereof until a successor is elected and has qualified, 173
except that if such vacancy occurs because of the death, 174
resignation, or inability to take the office of an officer-elect 175
whose term has not yet begun, an appointment to take such office 176
at the beginning of the term shall be made by the members of the 177
central committee who reside in the city where the vacancy occurs.178

       (2) Not less than five nor more than forty-five days after a 179
vacancy occurs, the county central committee, acting through its 180
members who reside in the city where the vacancy occurs, shall 181
meet for the purpose of making an appointment. Not less than four 182
days before the date of the meeting the chairperson or secretary 183
of the central committee shall send by first class mail to every 184
member of such central committee who resides in the city where the 185
vacancy occurs a written notice which shall state the time and 186
place of such meeting and the purpose thereof. A majority of the 187
members of the central committee present at such meeting may make 188
the appointment.189

       (E) If the last occupant of the office or the officer-elect, 190
as provided in division (D) of this section, was elected as an 191
independent candidate, the mayor of the city shall make the 192
appointment at the time the vacancy occurs.193

       (F) Appointments made under this section shall be certified 194
by the appointing county central committee or by the mayor of the 195
municipal corporation to the county board of elections and to the 196
secretary of state. The persons so appointed and certified shall 197
be entitled to all remuneration provided by law for the offices to 198
which they are appointed.199

       (G) The mayor of the city may appoint a person to hold the 200
city office of director of law, auditor, or treasurer as an acting 201
officer and to perform the duties thereof between the occurrence 202
of the vacancy and the time when the person appointed by the 203
central committee qualifies and takes the office.204

       Sec. 1901.10.  (A)(1)(a) The judges of the municipal court 205
and officers of the court shall take an oath of office as provided 206
in section 3.23 of the Revised Code. The office of judge of the 207
municipal court is subject to forfeiture, and the judge may be 208
removed from office, for the causes and by the procedure provided 209
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the 210
office of judge exists upon the death, resignation, forfeiture, 211
removal from office, or absence from official duties for a period 212
of six consecutive months, as determined under this section, of 213
the judge and also by reason of the expiration of the term of an 214
incumbent when no successor has been elected or qualified. The 215
chief justice of the supreme court may designate a judge of 216
another municipal court to act until that vacancy is filled in 217
accordance with section 107.08 of the Revised Code. A vacancy 218
resulting from the absence of a judge from official duties for a 219
period of six consecutive months shall be determined and declared 220
by the legislative authority.221

       (b) If a vacancy occurs in the office of judge or clerk of 222
the municipal court after the one-hundredth day before the first 223
Tuesday after the first Monday in May and prior to the fifty-sixth224
fortieth day before the day of the general election, all 225
candidates for election to the unexpired term of the judge or 226
clerk shall file nominating petitions with the board of elections 227
not later than four p.m. on the tenth day following the day on 228
which the vacancy occurs, except that, when the vacancy occurs 229
fewer than foursix days before the fifty-sixthfortieth day 230
before the general election, the deadline for filing shall be four 231
p.m. on the fiftieththirty-sixth day before the day of the 232
general election.233

       (c) Each nominating petition referred to in division 234
(A)(1)(b) of this section shall be in the form prescribed in 235
section 3513.261 of the Revised Code and shall be signed by at 236
least fifty qualified electors of the territory of the municipal 237
court. No nominating petition shall be accepted for filing or 238
filed if it appears on its face to contain signatures aggregating 239
in number more than twice the minimum aggregate number of 240
signatures required by this section.241

       (2) If a judge of a municipal court that has only one judge 242
is temporarily absent, incapacitated, or otherwise unavailable, 243
the judge may appoint a substitute who has the qualifications 244
required by section 1901.06 of the Revised Code or a retired judge 245
of a court of record who is a qualified elector and a resident of 246
the territory of the court. If the judge is unable to make the 247
appointment, the chief justice of the supreme court shall appoint 248
a substitute. The appointee shall serve during the absence, 249
incapacity, or unavailability of the incumbent, shall have the 250
jurisdiction and powers conferred upon the judge of the municipal 251
court, and shall be styled "acting judge." During that time of 252
service, the acting judge shall sign all process and records and 253
shall perform all acts pertaining to the office, except that of 254
removal and appointment of officers of the court. All courts shall 255
take judicial notice of the selection and powers of the acting 256
judge. The incumbent judge shall establish the amount of 257
compensation of an acting judge upon either a per diem, hourly, or 258
other basis, but the rate of pay shall not exceed the per diem 259
amount received by the incumbent judge.260

       (B) When the volume of cases pending in any municipal court 261
necessitates an additional judge, the chief justice of the supreme 262
court, upon the written request of the judge or presiding judge of 263
that municipal court, may designate a judge of another municipal 264
court or county court to serve for any period of time that the 265
chief justice may prescribe. The compensation of a judge so 266
designated shall be paid from the city treasury or, in the case of 267
a county-operated municipal court, from the county treasury. In 268
addition to the annual salary provided for in section 1901.11 of 269
the Revised Code and in addition to any compensation under 270
division (A)(5) or (6) of section 141.04 of the Revised Code to 271
which the judge is entitled in connection with the judge's own 272
court, a full-time or part-time judge while holding court outside 273
the judge's territory on the designation of the chief justice 274
shall receive actual and necessary expenses and compensation as 275
follows:276

       (1) A full-time judge shall receive thirty dollars for each 277
day of the assignment.278

       (2) A part-time judge shall receive for each day of the 279
assignment the per diem compensation of the judges of the court to 280
which the judge is assigned, less the per diem amount paid to 281
those judges pursuant to section 141.04 of the Revised Code, 282
calculated on the basis of two hundred fifty working days per 283
year.284

       If a request is made by a judge or the presiding judge of a 285
municipal court to designate a judge of another municipal court 286
because of the volume of cases in the court for which the request 287
is made and the chief justice reports, in writing, that no 288
municipal or county court judge is available to serve by 289
designation, the judges of the court requesting the designation 290
may appoint a substitute as provided in division (A)(2) of this 291
section, who may serve for any period of time that is prescribed 292
by the chief justice. The substitute judge shall be paid in the 293
same manner and at the same rate as the incumbent judges, except 294
that, if the substitute judge is entitled to compensation under 295
division (A)(5) or (6) of section 141.04 of the Revised Code, then 296
section 1901.121 of the Revised Code shall govern its payment.297

       Sec. 2301.02.  The number of judges of the court of common 298
pleas for each county, the time for the next election of the 299
judges in the several counties, and the beginning of their terms 300
shall be as follows:301

       (A) In Adams, Ashland, Fayette, and Pike counties, one judge, 302
elected in 1956, term to begin February 9, 1957;303

       In Brown, Crawford, Defiance, Highland, Holmes, Morgan, 304
Ottawa, and Union counties, one judge, to be elected in 1954, term 305
to begin February 9, 1955;306

       In Auglaize county, one judge, to be elected in 1956, term to 307
begin January 9, 1957;308

       In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin, 309
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and 310
Wyandot counties, one judge, to be elected in 1956, term to begin 311
January 1, 1957;312

       In Morrow county, two judges, one to be elected in 1956, term 313
to begin January 1, 1957, and one to be elected in 2006, term to 314
begin January 1, 2007;315

       In Logan county, two judges, one to be elected in 1956, term 316
to begin January 1, 1957, and one to be elected in 2004, term to 317
begin January 2, 2005;318

       In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble, 319
Shelby, Van Wert, and Williams counties, one judge, to be elected 320
in 1952, term to begin January 1, 1953;321

       In Champaign county, two judges, one to be elected in 1952, 322
term to begin January 1, 1953, and one to be elected in 2008, term 323
to begin February 10, 2009.;324

       In Harrison and Noble counties, one judge, to be elected in 325
1954, term to begin April 18, 1955;326

       In Henry county, two judges, one to be elected in 1956, term 327
to begin May 9, 1957, and one to be elected in 2004, term to begin 328
January 1, 2005;329

       In Putnam county, one judge, to be elected in 1956, term to 330
begin May 9, 1957;331

       In Huron county, one judge, to be elected in 1952, term to 332
begin May 14, 1953;333

       In Perry county, one judge, to be elected in 1954, term to 334
begin July 6, 1956;335

       In Sandusky county, two judges, one to be elected in 1954, 336
term to begin February 10, 1955, and one to be elected in 1978, 337
term to begin January 1, 1979;.338

       (B) In Allen county, three judges, one to be elected in 1956, 339
term to begin February 9, 1957, the second to be elected in 1958, 340
term to begin January 1, 1959, and the third to be elected in 341
1992, term to begin January 1, 1993;342

       In Ashtabula county, three judges, one to be elected in 1954, 343
term to begin February 9, 1955, one to be elected in 1960, term to 344
begin January 1, 1961, and one to be elected in 1978, term to 345
begin January 2, 1979;346

       In Athens county, two judges, one to be elected in 1954, term 347
to begin February 9, 1955, and one to be elected in 1990, term to 348
begin July 1, 1991;349

       In Erie county, four judges, one to be elected in 1956, term 350
to begin January 1, 1957, the second to be elected in 1970, term 351
to begin January 2, 1971, the third to be elected in 2004, term to 352
begin January 2, 2005, and the fourth to be elected in 2008, term 353
to begin February 9, 2009;354

       In Fairfield county, three judges, one to be elected in 1954, 355
term to begin February 9, 1955, the second to be elected in 1970, 356
term to begin January 1, 1971, and the third to be elected in 357
1994, term to begin January 2, 1995;358

       In Geauga county, two judges, one to be elected in 1956, term 359
to begin January 1, 1957, and the second to be elected in 1976, 360
term to begin January 6, 1977;361

       In Greene county, four judges, one to be elected in 1956, 362
term to begin February 9, 1957, the second to be elected in 1960, 363
term to begin January 1, 1961, the third to be elected in 1978, 364
term to begin January 2, 1979, and the fourth to be elected in 365
1994, term to begin January 1, 1995;366

       In Hancock county, two judges, one to be elected in 1952, 367
term to begin January 1, 1953, and the second to be elected in 368
1978, term to begin January 1, 1979;369

       In Lawrence county, two judges, one to be elected in 1954, 370
term to begin February 9, 1955, and the second to be elected in 371
1976, term to begin January 1, 1977;372

       In Marion county, three judges, one to be elected in 1952, 373
term to begin January 1, 1953, the second to be elected in 1976, 374
term to begin January 2, 1977, and the third to be elected in 375
1998, term to begin February 9, 1999;376

       In Medina county, three judges, one to be elected in 1956, 377
term to begin January 1, 1957, the second to be elected in 1966, 378
term to begin January 1, 1967, and the third to be elected in 379
1994, term to begin January 1, 1995;380

       In Miami county, two judges, one to be elected in 1954, term 381
to begin February 9, 1955, and one to be elected in 1970, term to 382
begin on January 1, 1971;383

       In Muskingum county, three judges, one to be elected in 1968, 384
term to begin August 9, 1969, one to be elected in 1978, term to 385
begin January 1, 1979, and one to be elected in 2002, term to 386
begin January 2, 2003;387

       In Portage county, three judges, one to be elected in 1956, 388
term to begin January 1, 1957, the second to be elected in 1960, 389
term to begin January 1, 1961, and the third to be elected in 390
1986, term to begin January 2, 1987;391

       In Ross county, two judges, one to be elected in 1956, term 392
to begin February 9, 1957, and the second to be elected in 1976, 393
term to begin January 1, 1977;394

       In Scioto county, three judges, one to be elected in 1954, 395
term to begin February 10, 1955, the second to be elected in 1960, 396
term to begin January 1, 1961, and the third to be elected in 397
1994, term to begin January 2, 1995;398

       In Seneca county, two judges, one to be elected in 1956, term 399
to begin January 1, 1957, and the second to be elected in 1986, 400
term to begin January 2, 1987;401

       In Warren county, four judges, one to be elected in 1954, 402
term to begin February 9, 1955, the second to be elected in 1970, 403
term to begin January 1, 1971, the third to be elected in 1986, 404
term to begin January 1, 1987, and the fourth to be elected in 405
2004, term to begin January 2, 2005;406

       In Washington county, two judges, one to be elected in 1952, 407
term to begin January 1, 1953, and one to be elected in 1986, term 408
to begin January 1, 1987;409

       In Wood county, three judges, one to be elected in 1968, term 410
beginning January 1, 1969, the second to be elected in 1970, term 411
to begin January 2, 1971, and the third to be elected in 1990, 412
term to begin January 1, 1991;413

       In Belmont and Jefferson counties, two judges, to be elected 414
in 1954, terms to begin January 1, 1955, and February 9, 1955, 415
respectively;416

       In Clark county, four judges, one to be elected in 1952, term 417
to begin January 1, 1953, the second to be elected in 1956, term 418
to begin January 2, 1957, the third to be elected in 1986, term to 419
begin January 3, 1987, and the fourth to be elected in 1994, term 420
to begin January 2, 1995.;421

       In Clermont county, five judges, one to be elected in 1956, 422
term to begin January 1, 1957, the second to be elected in 1964, 423
term to begin January 1, 1965, the third to be elected in 1982, 424
term to begin January 2, 1983, the fourth to be elected in 1986, 425
term to begin January 2, 1987;, and the fifth to be elected in 426
2006, term to begin January 3, 2007;427

       In Columbiana county, two judges, one to be elected in 1952, 428
term to begin January 1, 1953, and the second to be elected in 429
1956, term to begin January 1, 1957;430

       In Delaware county, two judges, one to be elected in 1990, 431
term to begin February 9, 1991, the second to be elected in 1994, 432
term to begin January 1, 1995;433

       In Lake county, six judges, one to be elected in 1958, term 434
to begin January 1, 1959, the second to be elected in 1960, term 435
to begin January 2, 1961, the third to be elected in 1964, term to 436
begin January 3, 1965, the fourth and fifth to be elected in 1978, 437
terms to begin January 4, 1979, and January 5, 1979, respectively, 438
and the sixth to be elected in 2000, term to begin January 6, 439
2001;440

       In Licking county, four judges, one to be elected in 1954, 441
term to begin February 9, 1955, one to be elected in 1964, term to 442
begin January 1, 1965, one to be elected in 1990, term to begin 443
January 1, 1991, and one to be elected in 2004, term to begin 444
January 1, 2005;445

       In Lorain county, nine judges, two to be elected in 1952, 446
terms to begin January 1, 1953, and January 2, 1953, respectively, 447
one to be elected in 1958, term to begin January 3, 1959, one to 448
be elected in 1968, term to begin January 1, 1969, two to be 449
elected in 1988, terms to begin January 4, 1989, and January 5, 450
1989, respectively, two to be elected in 1998, terms to begin 451
January 2, 1999, and January 3, 1999, respectively; and one to be 452
elected in 2006, term to begin January 6, 2007; 453

       In Butler county, eleven judges, one to be elected in 1956, 454
term to begin January 1, 1957; two to be elected in 1954, terms to 455
begin January 1, 1955, and February 9, 1955, respectively; one to 456
be elected in 1968, term to begin January 2, 1969; one to be 457
elected in 1986, term to begin January 3, 1987; two to be elected 458
in 1988, terms to begin January 1, 1989, and January 2, 1989, 459
respectively; one to be elected in 1992, term to begin January 4, 460
1993; two to be elected in 2002, terms to begin January 2, 2003, 461
and January 3, 2003, respectively; and one to be elected in 2006, 462
term to begin January 3, 2007;463

       In Richland county, four judges, one to be elected in 1956, 464
term to begin January 1, 1957, the second to be elected in 1960, 465
term to begin February 9, 1961, the third to be elected in 1968, 466
term to begin January 2, 1969, and the fourth to be elected in 467
2004, term to begin January 3, 2005;468

       In Tuscarawas county, two judges, one to be elected in 1956, 469
term to begin January 1, 1957, and the second to be elected in 470
1960, term to begin January 2, 1961;471

       In Wayne county, two judges, one to be elected in 1956, term 472
beginning January 1, 1957, and one to be elected in 1968, term to 473
begin January 2, 1969;474

       In Trumbull county, six judges, one to be elected in 1952, 475
term to begin January 1, 1953, the second to be elected in 1954, 476
term to begin January 1, 1955, the third to be elected in 1956, 477
term to begin January 1, 1957, the fourth to be elected in 1964, 478
term to begin January 1, 1965, the fifth to be elected in 1976, 479
term to begin January 2, 1977, and the sixth to be elected in 480
1994, term to begin January 3, 1995;481

       (C) In Cuyahoga county, thirty-nine judges; eight to be 482
elected in 1954, terms to begin on successive days beginning from 483
January 1, 1955, to January 7, 1955, and February 9, 1955, 484
respectively; eight to be elected in 1956, terms to begin on 485
successive days beginning from January 1, 1957, to January 8, 486
1957; three to be elected in 1952, terms to begin from January 1, 487
1953, to January 3, 1953; two to be elected in 1960, terms to 488
begin on January 8, 1961, and January 9, 1961, respectively; two 489
to be elected in 1964, terms to begin January 4, 1965, and January 490
5, 1965, respectively; one to be elected in 1966, term to begin on 491
January 10, 1967; four to be elected in 1968, terms to begin on 492
successive days beginning from January 9, 1969, to January 12, 493
1969; two to be elected in 1974, terms to begin on January 18, 494
1975, and January 19, 1975, respectively; five to be elected in 495
1976, terms to begin on successive days beginning January 6, 1977, 496
to January 10, 1977; two to be elected in 1982, terms to begin 497
January 11, 1983, and January 12, 1983, respectively; and two to 498
be elected in 1986, terms to begin January 13, 1987, and January 499
14, 1987, respectively;500

       In Franklin county, twenty-two judges; two to be elected in 501
1954, terms to begin January 1, 1955, and February 9, 1955, 502
respectively; four to be elected in 1956, terms to begin January 503
1, 1957, to January 4, 1957; four to be elected in 1958, terms to 504
begin January 1, 1959, to January 4, 1959; three to be elected in 505
1968, terms to begin January 5, 1969, to January 7, 1969; three to 506
be elected in 1976, terms to begin on successive days beginning 507
January 5, 1977, to January 7, 1977; one to be elected in 1982, 508
term to begin January 8, 1983; one to be elected in 1986, term to 509
begin January 9, 1987; two to be elected in 1990, terms to begin 510
July 1, 1991, and July 2, 1991, respectively; one to be elected in 511
1996, term to begin January 2, 1997; and one to be elected in 512
2004, term to begin July 1, 2005;513

       In Hamilton county, twenty-one judges; eight to be elected in 514
1966, terms to begin January 1, 1967, January 2, 1967, and from 515
February 9, 1967, to February 14, 1967, respectively; five to be 516
elected in 1956, terms to begin from January 1, 1957, to January 517
5, 1957; one to be elected in 1964, term to begin January 1, 1965; 518
one to be elected in 1974, term to begin January 15, 1975; one to 519
be elected in 1980, term to begin January 16, 1981; two to be 520
elected at large in the general election in 1982, terms to begin 521
April 1, 1983; one to be elected in 1990, term to begin July 1, 522
1991; and two to be elected in 1996, terms to begin January 3, 523
1997, and January 4, 1997, respectively;524

       In Lucas county, fourteen judges; two to be elected in 1954, 525
terms to begin January 1, 1955, and February 9, 1955, 526
respectively; two to be elected in 1956, terms to begin January 1, 527
1957, and October 29, 1957, respectively; two to be elected in 528
1952, terms to begin January 1, 1953, and January 2, 1953, 529
respectively; one to be elected in 1964, term to begin January 3, 530
1965; one to be elected in 1968, term to begin January 4, 1969; 531
two to be elected in 1976, terms to begin January 4, 1977, and 532
January 5, 1977, respectively; one to be elected in 1982, term to 533
begin January 6, 1983; one to be elected in 1988, term to begin 534
January 7, 1989; one to be elected in 1990, term to begin January 535
2, 1991; and one to be elected in 1992, term to begin January 2, 536
1993;537

       In Mahoning county, seven judges; three to be elected in 538
1954, terms to begin January 1, 1955, January 2, 1955, and 539
February 9, 1955, respectively; one to be elected in 1956, term to 540
begin January 1, 1957; one to be elected in 1952, term to begin 541
January 1, 1953; one to be elected in 1968, term to begin January 542
2, 1969; and one to be elected in 1990, term to begin July 1, 543
1991;544

       In Montgomery county, fifteen judges; three to be elected in 545
1954, terms to begin January 1, 1955, January 2, 1955, and January 546
3, 1955, respectively; four to be elected in 1952, terms to begin 547
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953, 548
respectively; one to be elected in 1964, term to begin January 3, 549
1965; one to be elected in 1968, term to begin January 3, 1969; 550
three to be elected in 1976, terms to begin on successive days 551
beginning January 4, 1977, to January 6, 1977; two to be elected 552
in 1990, terms to begin July 1, 1991, and July 2, 1991, 553
respectively; and one to be elected in 1992, term to begin January 554
1, 1993.;555

       In Stark county, eight judges; one to be elected in 1958, 556
term to begin on January 2, 1959; two to be elected in 1954, terms 557
to begin on January 1, 1955, and February 9, 1955, respectively; 558
two to be elected in 1952, terms to begin January 1, 1953, and 559
April 16, 1953, respectively; one to be elected in 1966, term to 560
begin on January 4, 1967; and two to be elected in 1992, terms to 561
begin January 1, 1993, and January 2, 1993, respectively;562

       In Summit county, thirteen judges; four to be elected in 563
1954, terms to begin January 1, 1955, January 2, 1955, January 3, 564
1955, and February 9, 1955, respectively; three to be elected in 565
1958, terms to begin January 1, 1959, January 2, 1959, and May 17, 566
1959, respectively; one to be elected in 1966, term to begin 567
January 4, 1967; one to be elected in 1968, term to begin January 568
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one 569
to be elected in 1992, term to begin January 6, 1993; and two to 570
be elected in 2008, terms to begin January 5, 2009, and January 6, 571
2009, respectively.572

       Notwithstanding the foregoing provisions, in any county 573
having two or more judges of the court of common pleas, in which 574
more than one-third of the judges plus one were previously elected 575
at the same election, if the office of one of those judges so 576
elected becomes vacant more than fifty-sixforty days prior to the 577
second general election preceding the expiration of that judge's 578
term, the office that that judge had filled shall be abolished as 579
of the date of the next general election, and a new office of 580
judge of the court of common pleas shall be created. The judge who 581
is to fill that new office shall be elected for a six-year term at 582
the next general election, and the term of that judge shall 583
commence on the first day of the year following that general 584
election, on which day no other judge's term begins, so that the 585
number of judges that the county shall elect shall not be reduced.586

       Judges of the probate division of the court of common pleas 587
are judges of the court of common pleas but shall be elected 588
pursuant to sections 2101.02 and 2101.021 of the Revised Code, 589
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot 590
counties in which the judge of the court of common pleas elected 591
pursuant to this section also shall serve as judge of the probate 592
division, except in Lorain county in which the judges of the 593
domestic relations division of the Lorain county court of common 594
pleas elected pursuant to this section also shall perform the 595
duties and functions of the judge of the probate division from 596
February 9, 2009, through September 28, 2009, and except in Morrow 597
county in which the judges of the court of common pleas elected 598
pursuant to this section also shall perform the duties and 599
functions of the judge of the probate division.600

       Sec. 3501.301.  A contract involving a cost in excess of ten601
twenty-five thousand dollars for printing and furnishing the 602
supplies, other than the official ballots, required in section 603
3501.30 of the Revised Code, shall not be let until the board of 604
elections has caused notice to be published once in a newspaper of 605
general circulation within the county or upon notice given by 606
mail, addressed to the responsible suppliers within the state. The 607
board of elections may require that each bid be accompanied by a 608
bond, with at least two individual sureties, or a surety company, 609
satisfactory to the board, in a sum double the amount of the bid, 610
conditioned upon the faithful performance of the contract awarded 611
and for the payment as damages by such bidder to the board of any 612
excess of cost over the bid which it may be required to pay for 613
such work by reason of the failure of the bidder to complete the 614
contract. The contract shall be let to the lowest and best bidder.615

       Sec. 3501.302. The secretary of state may enter into 616
agreements for the bulk purchase of election supplies in order to 617
reduce the costs for such purchases by individual boards of 618
elections. A board of elections desiring to participate in such 619
purchase agreements shall file with the secretary of state a 620
written request for inclusion. A request for inclusion shall 621
include an agreement to be bound by such terms and conditions as 622
the secretary of state prescribes and to make direct payments to 623
the vendor under each purchase agreement.624

       Sec. 3501.38.  All declarations of candidacy, nominating 625
petitions, or other petitions presented to or filed with the 626
secretary of state or a board of elections or with any other 627
public office for the purpose of becoming a candidate for any 628
nomination or office or for the holding of an election on any 629
issue shall, in addition to meeting the other specific 630
requirements prescribed in the sections of the Revised Code 631
relating to them, be governed by the following rules:632

       (A) Only electors qualified to vote on the candidacy or issue 633
which is the subject of the petition shall sign a petition. Each 634
signer shall be a registered elector pursuant to section 3503.11635
3503.01 of the Revised Code. The facts of qualification shall be 636
determined as of the date when the petition is filed.637

       (B) Signatures shall be affixed in ink. Each signer may also 638
print the signer's name, so as to clearly identify the signer's 639
signature.640

       (C) Each signer shall place on the petition after the 641
signer's name the date of signing and the location of the signer's 642
voting residence, including the street and number if in a 643
municipal corporation or the rural route number, post office 644
address, or township if outside a municipal corporation. The 645
voting address given on the petition shall be the address 646
appearing in the registration records at the board of elections.647

       (D) Except as otherwise provided in section 3501.382 of the 648
Revised Code, no person shall write any name other than the 649
person's own on any petition. Except as otherwise provided in 650
section 3501.382 of the Revised Code, no person may authorize 651
another to sign for the person. If a petition contains the 652
signature of an elector two or more times, only the first 653
signature shall be counted.654

       (E)(1) On each petition paper, the circulator shall indicate 655
the number of signatures contained on it, and shall sign a 656
statement made under penalty of election falsification that the 657
circulator witnessed the affixing of every signature, that all 658
signers were to the best of the circulator's knowledge and belief 659
qualified to sign, and that every signature is to the best of the 660
circulator's knowledge and belief the signature of the person 661
whose signature it purports to be or of an attorney in fact acting 662
pursuant to section 3501.382 of the Revised Code. On the 663
circulator's statement for a declaration of candidacy or 664
nominating petition for a person seeking to become a statewide 665
candidate or for a statewide initiative or a statewide referendum 666
petition, the circulator shall identify the circulator's name, the 667
address of the circulator's permanent residence, and the name and 668
address of the person employing the circulator to circulate the 669
petition, if any.670

       (2) As used in division (E) of this section, "statewide 671
candidate" means the joint candidates for the offices of governor 672
and lieutenant governor or a candidate for the office of secretary 673
of state, auditor of state, treasurer of state, or attorney 674
general.675

       (F) Except as otherwise provided in section 3501.382 of the 676
Revised Code, if a circulator knowingly permits an unqualified 677
person to sign a petition paper or permits a person to write a 678
name other than the person's own on a petition paper, that 679
petition paper is invalid; otherwise, the signature of a person 680
not qualified to sign shall be rejected but shall not invalidate 681
the other valid signatures on the paper.682

       (G) The circulator of a petition may, before filing it in a 683
public office, strike from it any signature the circulator does 684
not wish to present as a part of the petition.685

       (H) Any signer of a petition or an attorney in fact acting 686
pursuant to section 3501.382 of the Revised Code on behalf of a 687
signer may remove the signer's signature from that petition at any 688
time before the petition is filed in a public office by striking 689
the signer's name from the petition; no signature may be removed 690
after the petition is filed in any public office.691

       (I)(1) No alterations, corrections, or additions may be made 692
to a petition after it is filed in a public office.693

       (2)(a) No declaration of candidacy, nominating petition, or 694
other petition for the purpose of becoming a candidate may be 695
withdrawn after it is filed in a public office. Nothing in this 696
division prohibits a person from withdrawing as a candidate as 697
otherwise provided by law.698

       (b) No petition presented to or filed with the secretary of 699
state, a board of elections, or any other public office for the 700
purpose of the holding of an election on any question or issue may 701
be resubmitted after it is withdrawn from a public office or 702
rejected as containing insufficient signatures. Nothing in this 703
division prevents a question or issue petition from being 704
withdrawn by the filing of a written notice of the withdrawal by a 705
majority of the members of the petitioning committee with the same 706
public office with which the petition was filed prior to the 707
sixtieth day before the election at which the question or issue is 708
scheduled to appear on the ballot.709

       (J) All declarations of candidacy, nominating petitions, or 710
other petitions under this section shall be accompanied by the 711
following statement in boldface capital letters: WHOEVER COMMITS 712
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.713

       (K) All separate petition papers shall be filed at the same 714
time, as one instrument.715

       (L) If a board of elections distributes for use a petition 716
form for a declaration of candidacy, nominating petition, or any 717
type of question or issue petition that does not satisfy the 718
requirements of law as of the date of that distribution, the board 719
shall not invalidate the petition on the basis that the petition 720
form does not satisfy the requirements of law, if the petition 721
otherwise is valid. Division (L) of this section applies only if 722
the candidate received the petition from the board within ninety 723
days of when the petition is required to be filed.724

       Sec. 3503.06. (A) No person shall be entitled to vote at any 725
election, or to sign or circulate any declaration of candidacy or 726
any nominating, or recall petition, unless the person is 727
registered as an elector and will have resided in the county and 728
precinct where the person is registered for at least thirty days 729
at the time of the next election.730

       (B)(1)No person shall be entitled to sign any petition, 731
unless the person is registered as an elector and resides in a 732
precinct in which the candidacy or issue that is the subject of 733
the petition will appear on the ballot.734

       (C) No person shall be entitled to circulate any initiative 735
or referendum petition unless the person is a resident of this 736
stateat least eighteen years of age.737

       (2) All election officials, in determining the residence of a 738
person circulating a petition under division (B)(1) of this 739
section, shall be governed by the following rules:740

       (a) That place shall be considered the residence of a person 741
in which the person's habitation is fixed and to which, whenever 742
the person is absent, the person has the intention of returning.743

       (b) A person shall not be considered to have lost the 744
person's residence who leaves the person's home and goes into 745
another state for temporary purposes only, with the intention of 746
returning.747

       (c) A person shall not be considered to have gained a 748
residence in any county of this state into which the person comes 749
for temporary purposes only, without the intention of making that 750
county the permanent place of abode.751

       (d) If a person removes to another state with the intention 752
of making that state the person's residence, the person shall be 753
considered to have lost the person's residence in this state.754

       (e) Except as otherwise provided in division (B)(2)(f) of 755
this section, if a person removes from this state and continuously 756
resides outside this state for a period of four years or more, the 757
person shall be considered to have lost the person's residence in 758
this state, notwithstanding the fact that the person may entertain 759
an intention to return at some future period.760

       (f) If a person removes from this state to engage in the 761
services of the United States government, the person shall not be 762
considered to have lost the person's residence in this state 763
during the period of that service, and likewise should the person 764
enter the employment of the state, the place where that person 765
resided at the time of the person's removal shall be considered to 766
be the person's place of residence.767

       (g) If a person goes into another state and, while there, 768
exercises the right of a citizen by voting, the person shall be 769
considered to have lost the person's residence in this state.770

       (C) No person shall be entitled to sign any initiative or 771
referendum petition unless the person is registered as an elector 772
and will have resided in the county and precinct where the person 773
is registered for at least thirty days at the time of the next 774
election.775

       Sec. 3503.14.  (A) The secretary of state shall prescribe the 776
form and content of the registration, change of residence, and 777
change of name forms used in this state. The forms shall meet the 778
requirements of the National Voter Registration Act of 1993 and 779
shall include spaces for all of the following:780

       (1) The voter's name;781

       (2) The voter's address;782

       (3) The current date;783

       (4) The voter's date of birth;784

       (5) The voter to provide one or more of the following:785

       (a) The voter's driver's license number, if any;786

       (b) The last four digits of the voter's social security 787
number, if any;788

       (c) A copy of a current and valid photo identification, a 789
copy of a military identification, or a copy of a current utility 790
bill, bank statement, government check, paycheck, or other 791
government document, other than a notice of an election mailed by 792
a board of elections under section 3501.19 of the Revised Code or793
a notice of voter registration mailed by a board of elections 794
under section 3503.19 of the Revised Code, that shows the voter's 795
name and address.796

       (6) The voter's signature.797

       The registration form shall include a space on which the 798
person registering an applicant shall sign the person's name and 799
provide the person's address and a space on which the person 800
registering an applicant shall name the employer who is employing 801
that person to register the applicant.802

       Except for forms prescribed by the secretary of state under 803
section 3503.11 of the Revised Code, the secretary of state shall 804
permit boards of elections to produce forms that have subdivided 805
spaces for each individual alphanumeric character of the 806
information provided by the voter so as to accommodate the 807
electronic reading and conversion of the voter's information to 808
data and the subsequent electronic transfer of that data to the 809
statewide voter registration database established under section 810
3503.15 of the Revised Code.811

        (B) None of the following persons who are registering an 812
applicant in the course of that official's or employee's normal 813
duties shall sign the person's name, provide the person's address, 814
or name the employer who is employing the person to register an 815
applicant on a form prepared under this section:816

       (1) An election official;817

       (2) A county treasurer;818

       (3) A deputy registrar of motor vehicles;819

       (4) An employee of a designated agency;820

       (5) An employee of a public high school;821

       (6) An employee of a public vocational school;822

       (7) An employee of a public library;823

       (8) An employee of the office of a county treasurer;824

       (9) An employee of the bureau of motor vehicles;825

       (10) An employee of a deputy registrar of motor vehicles;826

       (11) An employee of an election official.827

        (C) Except as provided in section 3501.382 of the Revised 828
Code, any applicant who is unable to sign the applicant's own name 829
shall make an "X," if possible, which shall be certified by the 830
signing of the name of the applicant by the person filling out the 831
form, who shall add the person's own signature. If an applicant is 832
unable to make an "X," the applicant shall indicate in some manner 833
that the applicant desires to register to vote or to change the 834
applicant's name or residence. The person registering the 835
applicant shall sign the form and attest that the applicant 836
indicated that the applicant desired to register to vote or to 837
change the applicant's name or residence.838

       (D) No registration, change of residence, or change of name 839
form shall be rejected solely on the basis that a person 840
registering an applicant failed to sign the person's name or 841
failed to name the employer who is employing that person to 842
register the applicant as required under division (A) of this 843
section.844

       (E) As used in this section, "registering an applicant" 845
includes any effort, for compensation, to provide voter 846
registration forms or to assist persons in completing or returning 847
those forms.848

       Sec. 3503.16.  (A) Whenever a registered elector changes the 849
place of residence of that registered elector from one precinct to 850
another within a county or from one county to another, or has a 851
change of name, that registered elector shall report the change by 852
delivering a change of residence or change of name form, whichever 853
is appropriate, as prescribed by the secretary of state under 854
section 3503.14 of the Revised Code to the state or local office 855
of a designated agency, a public high school or vocational school, 856
a public library, the office of the county treasurer, the office 857
of the secretary of state, any office of the registrar or deputy 858
registrar of motor vehicles, or any office of a board of elections 859
in person or by a third person. Any voter registration, change of 860
address, or change of name application, returned by mail, may be 861
sent only to the secretary of state or the board of elections.862

       A registered elector also may update the registration of that 863
registered elector by filing a change of residence or change of 864
name form on the day of a special, primary, or general election at 865
the polling place in the precinct in which that registered elector 866
resides or at the board of elections or at another site designated 867
by the board.868

       (B)(1)(a) Any registered elector who moves within a precinct 869
on or prior to the day of a general, primary, or special election 870
and has not filed a notice of change of residence with the board 871
of elections may vote in that election by going to that registered 872
elector's assigned polling place, completing and signing a notice 873
of change of residence, showing identification in the form of a 874
current and valid photo identification, a military identification, 875
or a copy of a current utility bill, bank statement, government 876
check, paycheck, or other government document, other than a notice 877
of an election mailed by a board of elections under section 878
3501.19 of the Revised Code or a notice of voter registration 879
mailed by a board of elections under section 3503.19 of the 880
Revised Code, that shows the name and current address of the 881
elector, and casting a ballot. If the elector provides either a 882
driver's license or a state identification card issued under 883
section 4507.50 of the Revised Code that does not contain the 884
elector's current residence address, the elector shall provide the 885
last four digits of the elector's driver's license number or state 886
identification card number, and the precinct election official 887
shall mark the poll list or signature pollbook to indicate that 888
the elector has provided a driver's license or state 889
identification card number with a former address and record the 890
last four digits of the elector's driver's license number or state 891
identification card number.892

       (b) Any registered elector who changes the name of that 893
registered elector and remains within a precinct on or prior to 894
the day of a general, primary, or special election and has not 895
filed a notice of change of name with the board of elections may 896
vote in that election by going to that registered elector's 897
assigned polling place, completing and signing a notice of a 898
change of name, and casting a provisional ballot under section 899
3505.181 of the Revised Code.900

       (2) Any registered elector who moves from one precinct to 901
another within a county or moves from one precinct to another and 902
changes the name of that registered elector on or prior to the day 903
of a general, primary, or special election and has not filed a 904
notice of change of residence or change of name, whichever is 905
appropriate, with the board of elections may vote in that election 906
if that registered elector complies with division (G) of this 907
section or does all of the following:908

       (a) Appears at anytime during regular business hours on or 909
after the twenty-eighth day prior to the election in which that 910
registered elector wishes to vote or, if the election is held on 911
the day of a presidential primary election, the twenty-fifth day 912
prior to the election, through noon of the Saturday prior to the 913
election at the office of the board of elections, appears at any 914
time during regular business hours on the Monday prior to the 915
election at the office of the board of elections, or appears on 916
the day of the election at either of the following locations:917

       (i) The polling place in the precinct in which that 918
registered elector resides;919

       (ii) The office of the board of elections or, if pursuant to 920
division (C) of section 3501.10 of the Revised Code the board has 921
designated another location in the county at which registered 922
electors may vote, at that other location instead of the office of 923
the board of elections.924

       (b) Completes and signs, under penalty of election 925
falsification, a notice of change of residence or change of name, 926
whichever is appropriate, and files it with election officials at 927
the polling place, at the office of the board of elections, or, if 928
pursuant to division (C) of section 3501.10 of the Revised Code 929
the board has designated another location in the county at which 930
registered electors may vote, at that other location instead of 931
the office of the board of elections, whichever is appropriate;932

       (c) Votes a provisional ballot under section 3505.181 of the 933
Revised Code at the polling place, at the office of the board of 934
elections, or, if pursuant to division (C) of section 3501.10 of 935
the Revised Code the board has designated another location in the 936
county at which registered electors may vote, at that other 937
location instead of the office of the board of elections, 938
whichever is appropriate, using the address to which that 939
registered elector has moved or the name of that registered 940
elector as changed, whichever is appropriate;941

       (d) Completes and signs, under penalty of election 942
falsification, a statement attesting that that registered elector 943
moved or had a change of name, whichever is appropriate, on or 944
prior to the day of the election, has voted a provisional ballot 945
at the polling place in the precinct in which that registered 946
elector resides, at the office of the board of elections, or, if 947
pursuant to division (C) of section 3501.10 of the Revised Code 948
the board has designated another location in the county at which 949
registered electors may vote, at that other location instead of 950
the office of the board of elections, whichever is appropriate, 951
and will not vote or attempt to vote at any other location for 952
that particular election. The statement required under division 953
(B)(2)(d) of this section shall be included on the notice of 954
change of residence or change of name, whichever is appropriate, 955
required under division (B)(2)(b) of this section.956

       (C) Any registered elector who moves from one county to 957
another county within the state on or prior to the day of a 958
general, primary, or special election and has not registered to 959
vote in the county to which that registered elector moved may vote 960
in that election if that registered elector complies with division 961
(G) of this section or does all of the following:962

       (1) Appears at any time during regular business hours on or 963
after the twenty-eighth day prior to the election in which that 964
registered elector wishes to vote or, if the election is held on 965
the day of a presidential primary election, the twenty-fifth day 966
prior to the election, through noon of the Saturday prior to the 967
election at the office of the board of elections or, if pursuant 968
to division (C) of section 3501.10 of the Revised Code the board 969
has designated another location in the county at which registered 970
electors may vote, at that other location instead of the office of 971
the board of elections, appears during regular business hours on 972
the Monday prior to the election at the office of the board of 973
elections or, if pursuant to division (C) of section 3501.10 of 974
the Revised Code the board has designated another location in the 975
county at which registered electors may vote, at that other 976
location instead of the office of the board of elections, or 977
appears on the day of the election at the office of the board of 978
elections or, if pursuant to division (C) of section 3501.10 of 979
the Revised Code the board has designated another location in the 980
county at which registered electors may vote, at that other 981
location instead of the office of the board of elections;982

       (2) Completes and signs, under penalty of election 983
falsification, a notice of change of residence and files it with 984
election officials at the board of elections or, if pursuant to 985
division (C) of section 3501.10 of the Revised Code the board has 986
designated another location in the county at which registered 987
electors may vote, at that other location instead of the office of 988
the board of elections;989

       (3) Votes a provisional ballot under section 3505.181 of the 990
Revised Code at the office of the board of elections or, if 991
pursuant to division (C) of section 3501.10 of the Revised Code 992
the board has designated another location in the county at which 993
registered electors may vote, at that other location instead of 994
the office of the board of elections, using the address to which 995
that registered elector has moved;996

       (4) Completes and signs, under penalty of election 997
falsification, a statement attesting that that registered elector 998
has moved from one county to another county within the state on or 999
prior to the day of the election, has voted at the office of the 1000
board of elections or, if pursuant to division (C) of section 1001
3501.10 of the Revised Code the board has designated another 1002
location in the county at which registered electors may vote, at 1003
that other location instead of the office of the board of 1004
elections, and will not vote or attempt to vote at any other 1005
location for that particular election. The statement required 1006
under division (C)(4) of this section shall be included on the 1007
notice of change of residence required under division (C)(2) of 1008
this section.1009

       (D) A person who votes by absent voter's ballots pursuant to 1010
division (G) of this section shall not make written application 1011
for the ballots pursuant to Chapter 3509. of the Revised Code. 1012
Ballots cast pursuant to division (G) of this section shall be set 1013
aside in a special envelope and counted during the official 1014
canvass of votes in the manner provided for in sections 3505.32 1015
and 3509.06 of the Revised Code insofar as that manner is 1016
applicable. The board shall examine the pollbooks to verify that 1017
no ballot was cast at the polls or by absent voter's ballots under 1018
Chapter 3509. or 3511. of the Revised Code by an elector who has 1019
voted by absent voter's ballots pursuant to division (G) of this 1020
section. Any ballot determined to be insufficient for any of the 1021
reasons stated above or stated in section 3509.07 of the Revised 1022
Code shall not be counted.1023

        Subject to division (C) of section 3501.10 of the Revised 1024
Code, a board of elections may lease or otherwise acquire a site 1025
different from the office of the board at which registered 1026
electors may vote pursuant to division (B) or (C) of this section.1027

       (E) Upon receiving a change of residence or change of name 1028
form, the board of elections shall immediately send the registrant 1029
an acknowledgment notice. If the change of residence or change of 1030
name form is valid, the board shall update the voter's 1031
registration as appropriate. If that form is incomplete, the board 1032
shall inform the registrant in the acknowledgment notice specified 1033
in this division of the information necessary to complete or 1034
update that registrant's registration.1035

       (F) Change of residence and change of name forms shall be 1036
available at each polling place, and when these forms are 1037
completed, noting changes of residence or name, as appropriate, 1038
they shall be filed with election officials at the polling place. 1039
Election officials shall return completed forms, together with the 1040
pollbooks and tally sheets, to the board of elections.1041

       The board of elections shall provide change of residence and 1042
change of name forms to the probate court and court of common 1043
pleas. The court shall provide the forms to any person eighteen 1044
years of age or older who has a change of name by order of the 1045
court or who applies for a marriage license. The court shall 1046
forward all completed forms to the board of elections within five 1047
days after receiving them.1048

       (G) A registered elector who otherwise would qualify to vote 1049
under division (B) or (C) of this section but is unable to appear 1050
at the office of the board of elections or, if pursuant to 1051
division (C) of section 3501.10 of the Revised Code the board has 1052
designated another location in the county at which registered 1053
electors may vote, at that other location, on account of personal 1054
illness, physical disability, or infirmity, may vote on the day of 1055
the election if that registered elector does all of the following:1056

       (1) Makes a written application that includes all of the 1057
information required under section 3509.03 of the Revised Code to 1058
the appropriate board for an absent voter's ballot on or after the 1059
twenty-seventh day prior to the election in which the registered 1060
elector wishes to vote through noon of the Saturday prior to that 1061
election and requests that the absent voter's ballot be sent to 1062
the address to which the registered elector has moved if the 1063
registered elector has moved, or to the address of that registered 1064
elector who has not moved but has had a change of name;1065

       (2) Declares that the registered elector has moved or had a 1066
change of name, whichever is appropriate, and otherwise is 1067
qualified to vote under the circumstances described in division 1068
(B) or (C) of this section, whichever is appropriate, but that the 1069
registered elector is unable to appear at the board of elections 1070
because of personal illness, physical disability, or infirmity;1071

       (3) Completes and returns along with the completed absent 1072
voter's ballot a notice of change of residence indicating the 1073
address to which the registered elector has moved, or a notice of 1074
change of name, whichever is appropriate;1075

       (4) Completes and signs, under penalty of election 1076
falsification, a statement attesting that the registered elector 1077
has moved or had a change of name on or prior to the day before 1078
the election, has voted by absent voter's ballot because of 1079
personal illness, physical disability, or infirmity that prevented 1080
the registered elector from appearing at the board of elections, 1081
and will not vote or attempt to vote at any other location or by 1082
absent voter's ballot mailed to any other location or address for 1083
that particular election.1084

       Sec. 3503.19.  (A) Persons qualified to register or to change 1085
their registration because of a change of address or change of 1086
name may register or change their registration in person at any 1087
state or local office of a designated agency, at the office of the 1088
registrar or any deputy registrar of motor vehicles, at a public 1089
high school or vocational school, at a public library, at the 1090
office of a county treasurer, or at a branch office established by 1091
the board of elections, or in person, through another person, or 1092
by mail at the office of the secretary of state or at the office 1093
of a board of elections. A registered elector may also change the 1094
elector's registration on election day at any polling place where 1095
the elector is eligible to vote, in the manner provided under 1096
section 3503.16 of the Revised Code.1097

       Any state or local office of a designated agency, the office 1098
of the registrar or any deputy registrar of motor vehicles, a 1099
public high school or vocational school, a public library, or the 1100
office of a county treasurer shall transmit any voter registration 1101
application or change of registration form that it receives to the 1102
board of elections of the county in which the state or local 1103
office is located, within five days after receiving the voter 1104
registration application or change of registration form.1105

       An otherwise valid voter registration application that is 1106
returned to the appropriate office other than by mail must be 1107
received by a state or local office of a designated agency, the 1108
office of the registrar or any deputy registrar of motor vehicles, 1109
a public high school or vocational school, a public library, the 1110
office of a county treasurer, the office of the secretary of 1111
state, or the office of a board of elections no later than the 1112
thirtieth day preceding a primary, special, or general election 1113
for the person to qualify as an elector eligible to vote at that 1114
election. An otherwise valid registration application received 1115
after that day entitles the elector to vote at all subsequent 1116
elections.1117

       Any state or local office of a designated agency, the office 1118
of the registrar or any deputy registrar of motor vehicles, a 1119
public high school or vocational school, a public library, or the 1120
office of a county treasurer shall date stamp a registration 1121
application or change of name or change of address form it 1122
receives using a date stamp that does not disclose the identity of 1123
the state or local office that receives the registration.1124

       Voter registration applications, if otherwise valid, that are 1125
returned by mail to the office of the secretary of state or to the 1126
office of a board of elections must be postmarked no later than 1127
the thirtieth day preceding a primary, special, or general 1128
election in order for the person to qualify as an elector eligible 1129
to vote at that election. If an otherwise valid voter registration 1130
application that is returned by mail does not bear a postmark or a 1131
legible postmark, the registration shall be valid for that 1132
election if received by the office of the secretary of state or 1133
the office of a board of elections no later than twenty-five days 1134
preceding any special, primary, or general election.1135

       (B)(1) Any person may apply in person, by telephone, by mail, 1136
or through another person for voter registration forms to the 1137
office of the secretary of state or the office of a board of 1138
elections. An individual who is eligible to vote as a uniformed 1139
services voter or an overseas voter in accordance with 42 U.S.C. 1140
1973ff-6 also may apply for voter registration forms by electronic 1141
means to the office of the secretary of state or to the board of 1142
elections of the county in which the person's voting residence is 1143
located pursuant to section 3503.191 of the Revised Code.1144

       (2)(a) An applicant may return the applicant's completed 1145
registration form in person or by mail to any state or local 1146
office of a designated agency, to a public high school or 1147
vocational school, to a public library, to the office of a county 1148
treasurer, to the office of the secretary of state, or to the 1149
office of a board of elections. An applicant who is eligible to 1150
vote as a uniformed services voter or an overseas voter in 1151
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's 1152
completed voter registration form electronically to the office of 1153
the secretary of state or to the board of elections of the county 1154
in which the person's voting residence is located pursuant to 1155
section 3503.191 of the Revised Code.1156

       (b) Subject to division (B)(2)(c) of this section, an 1157
applicant may return the applicant's completed registration form 1158
through another person to any board of elections or the office of 1159
the secretary of state.1160

       (c) A person who receives compensation for registering a 1161
voter shall return any registration form entrusted to that person 1162
by an applicant to any board of elections or to the office of the 1163
secretary of state.1164

       (d) If a board of elections or the office of the secretary of 1165
state receives a registration form under division (B)(2)(b) or (c) 1166
of this section before the thirtieth day before an election, the 1167
board or the office of the secretary of state, as applicable, 1168
shall forward the registration to the board of elections of the 1169
county in which the applicant is seeking to register to vote 1170
within ten days after receiving the application. If a board of 1171
elections or the office of the secretary of state receives a 1172
registration form under division (B)(2)(b) or (c) of this section 1173
on or after the thirtieth day before an election, the board or the 1174
office of the secretary of state, as applicable, shall forward the 1175
registration to the board of elections of the county in which the 1176
applicant is seeking to register to vote within thirty days after 1177
that election.1178

       (C)(1) A board of elections that receives a voter 1179
registration application and is satisfied as to the truth of the 1180
statements made in the registration form shall register the 1181
applicant not later than twenty business days after receiving the 1182
application, unless that application is received during the thirty 1183
days immediately preceding the day of an election. The board shall 1184
promptly notify the applicant in writing of each of the following:1185

       (a) The applicant's registration;1186

       (b) The precinct in which the applicant is to vote;1187

       (c) In bold type as follows:1188

       "Voters must bring identification to the polls in order to 1189
verify identity. Identification may include a current and valid 1190
photo identification, a military identification, or a copy of a 1191
current utility bill, bank statement, government check, paycheck, 1192
or other government document, other than this notification or a 1193
notification of an election mailed by a board of elections, that 1194
shows the voter's name and current address. Voters who do not 1195
provide one of these documents will still be able to vote by 1196
casting a provisional ballot. Voters who do not have any of the 1197
above forms of identification, including a social security number, 1198
will still be able to vote by signing an affirmation swearing to 1199
the voter's identity under penalty of election falsification and 1200
by casting a provisional ballot."1201

        The notification shall be by nonforwardable mail. If the mail 1202
is returned to the board, it shall investigate and cause the 1203
notification to be delivered to the correct address.1204

       (2) If, after investigating as required under division (C)(1) 1205
of this section, the board is unable to verify the voter's correct 1206
address, it shall cause the voter's name in the official 1207
registration list and in the poll list or signature pollbook to be 1208
marked to indicate that the voter's notification was returned to 1209
the board.1210

       At the first election at which a voter whose name has been so 1211
marked appears to vote, the voter shall be required to provide 1212
identification to the election officials and to vote by 1213
provisional ballot under section 3505.181 of the Revised Code. If 1214
the provisional ballot is counted pursuant to division (B)(3) of 1215
section 3505.183 of the Revised Code, the board shall correct that 1216
voter's registration, if needed, and shall remove the indication 1217
that the voter's notification was returned from that voter's name 1218
on the official registration list and on the poll list or 1219
signature pollbook. If the provisional ballot is not counted 1220
pursuant to division (B)(4)(a)(i), (v), or (vi) of section 1221
3505.183 of the Revised Code, the voter's registration shall be 1222
canceled. The board shall notify the voter by United States mail 1223
of the cancellation.1224

       (3) If a notice of the disposition of an otherwise valid 1225
registration application is sent by nonforwardable mail and is 1226
returned undelivered, the person shall be registered as provided 1227
in division (C)(2) of this section and sent a confirmation notice 1228
by forwardable mail. If the person fails to respond to the 1229
confirmation notice, update the person's registration, or vote by 1230
provisional ballot as provided in division (C)(2) of this section 1231
in any election during the period of two federal elections 1232
subsequent to the mailing of the confirmation notice, the person's 1233
registration shall be canceled.1234

       Sec. 3503.28.  (A) The secretary of state shall develop an 1235
information brochure regarding voter registration. The brochure 1236
shall include, but is not limited to, all of the following 1237
information:1238

       (1) The applicable deadlines for registering to vote or for 1239
returning an applicant's completed registration form;1240

       (2) The applicable deadline for returning an applicant's 1241
completed registration form if the person returning the form is 1242
being compensated for registering voters;1243

       (3) The locations to which a person may return an applicant's 1244
completed registration form;1245

       (4) The location to which a person who is compensated for 1246
registering voters may return an applicant's completed 1247
registration form;1248

       (5) The registration and affirmation requirements applicable 1249
to persons who are compensated for registering voters under 1250
section 3503.29 of the Revised Code;1251

       (6) A notice, which shall be written in bold type, stating as 1252
follows:1253

       "Voters must bring identification to the polls in order to 1254
verify identity. Identification may include a current and valid 1255
photo identification, a military identification, or a copy of a 1256
current utility bill, bank statement, government check, paycheck, 1257
or other government document, other than a notice of an election 1258
or a voter registration notification sent by a board of elections, 1259
that shows the voter's name and current address. Voters who do not 1260
provide one of these documents will still be able to vote by 1261
casting a provisional ballot. Voters who do not have any of the 1262
above forms of identification, including a social security number, 1263
will still be able to vote by signing an affirmation swearing to 1264
the voter's identity under penalty of election falsification and 1265
by casting a provisional ballot."1266

       (B) Except as otherwise provided in division (D) of this 1267
section, a board of elections, designated agency, public high 1268
school, public vocational school, public library, office of a 1269
county treasurer, or deputy registrar of motor vehicles shall 1270
distribute a copy of the brochure developed under division (A) of 1271
this section to any person who requests more than two voter 1272
registration forms at one time.1273

       (C)(1) The secretary of state shall provide the information 1274
required to be included in the brochure developed under division 1275
(A) of this section to any person who prints a voter registration 1276
form that is made available on a web site of the office of the 1277
secretary of state.1278

       (2) If a board of elections operates and maintains a web 1279
site, the board shall provide the information required to be 1280
included in the brochure developed under division (A) of this 1281
section to any person who prints a voter registration form that is 1282
made available on that web site.1283

       (D) A board of elections shall not be required to distribute 1284
a copy of a brochure under division (B) of this section to any of 1285
the following officials or employees who are requesting more than 1286
two voter registration forms at one time in the course of the 1287
official's or employee's normal duties:1288

       (1) An election official;1289

       (2) A county treasurer;1290

       (3) A deputy registrar of motor vehicles;1291

       (4) An employee of a designated agency;1292

       (5) An employee of a public high school;1293

       (6) An employee of a public vocational school;1294

       (7) An employee of a public library;1295

       (8) An employee of the office of a county treasurer;1296

       (9) An employee of the bureau of motor vehicles;1297

       (10) An employee of a deputy registrar of motor vehicles;1298

       (11) An employee of an election official.1299

       (E) As used in this section, "registering voters" includes 1300
any effort, for compensation, to provide voter registration forms 1301
or to assist persons in completing or returning those forms.1302

       Sec. 3505.13.  A contract for the printing of ballots 1303
involving a cost in excess of tentwenty-five thousand dollars 1304
shall not be let until after five days' notice published once in a 1305
newspaper of general circulation published in the county or upon 1306
notice given by mail by the board of elections, addressed to the 1307
responsible printing offices within the state. Except as otherwise 1308
provided in this section, each bid for such printing must be 1309
accompanied by a bond with at least two sureties, or a surety 1310
company, satisfactory to the board, in a sum double the amount of 1311
the bid, conditioned upon the faithful performance of the contract 1312
for such printing as is awarded and for the payment as damages by 1313
such bidder to the board of any excess of cost over the bid which 1314
it may be obliged to pay for such work by reason of the failure of 1315
the bidder to complete the contract. No bid unaccompanied by such 1316
bond shall be considered by the board. The board may, however, 1317
waive the requirement that each bid be accompanied by a bond if 1318
the cost of the contract is tentwenty-five thousand dollars or 1319
less. The contract shall be let to the lowest responsible bidder 1320
in the state. All ballots shall be printed within the state.1321

       Sec. 3505.18. (A)(1) When an elector appears in a polling 1322
place to vote, the elector shall announce to the precinct election 1323
officials the elector's full name and current address and provide 1324
proof of the elector's identity in the form of a current and valid 1325
photo identification, a military identification, or a copy of a 1326
current utility bill, bank statement, government check, paycheck, 1327
or other government document, other than a notice of an election 1328
mailed by a board of elections under section 3501.19 of the 1329
Revised Code or a notice of voter registration mailed by a board 1330
of elections under section 3503.19 of the Revised Code, that shows 1331
the name and current address of the elector. If the elector 1332
provides either a driver's license or a state identification card 1333
issued under section 4507.50 of the Revised Code that does not 1334
contain the elector's current residence address, the elector shall 1335
provide the last four digits of the elector's driver's license 1336
number or state identification card number, and the precinct 1337
election official shall mark the poll list or signature pollbook 1338
to indicate that the elector has provided a driver's license or 1339
state identification card number with a former address and record 1340
the last four digits of the elector's driver's license number or 1341
state identification card number.1342

       (2) If an elector has but is unable to provide to the 1343
precinct election officials any of the forms of identification 1344
required under division (A)(1) of this section, but has a social 1345
security number, the elector may provide the last four digits of 1346
the elector's social security number. Upon providing the social 1347
security number information, the elector may cast a provisional 1348
ballot under section 3505.181 of the Revised Code, the envelope of 1349
which ballot shall include that social security number 1350
information.1351

        (3) If an elector has but is unable to provide to the 1352
precinct election officials any of the forms of identification 1353
required under division (A)(1) of this section and if the elector 1354
has a social security number but is unable to provide the last 1355
four digits of the elector's social security number, the elector 1356
may cast a provisional ballot under section 3505.181 of the 1357
Revised Code.1358

       (4) If an elector does not have any of the forms of 1359
identification required under division (A)(1) of this section and 1360
cannot provide the last four digits of the elector's social 1361
security number because the elector does not have a social 1362
security number, the elector may execute an affirmation under 1363
penalty of election falsification that the elector cannot provide 1364
the identification required under that division or the last four 1365
digits of the elector's social security number for those reasons. 1366
Upon signing the affirmation, the elector may cast a provisional 1367
ballot under section 3505.181 of the Revised Code. The secretary 1368
of state shall prescribe the form of the affirmation, which shall 1369
include spaces for all of the following:1370

       (a) The elector's name;1371

       (b) The elector's address;1372

       (c) The current date;1373

       (d) The elector's date of birth;1374

       (e) The elector's signature.1375

       (5) If an elector does not have any of the forms of 1376
identification required under division (A)(1) of this section and 1377
cannot provide the last four digits of the elector's social 1378
security number because the elector does not have a social 1379
security number, and if the elector declines to execute an 1380
affirmation under division (A)(4) of this section, the elector may 1381
cast a provisional ballot under section 3505.181 of the Revised 1382
Code, the envelope of which ballot shall include the elector's 1383
name.1384

       (6) If an elector has but declines to provide to the precinct 1385
election officials any of the forms of identification required 1386
under division (A)(1) of this section or the elector has a social 1387
security number but declines to provide to the precinct election 1388
officials the last four digits of the elector's social security 1389
number, the elector may cast a provisional ballot under section 1390
3505.181 of the Revised Code.1391

       (B) After the elector has announced the elector's full name 1392
and current address and provided any of the forms of 1393
identification required under division (A)(1) of this section, the 1394
elector shall write the elector's name and address at the proper 1395
place in the poll list or signature pollbook provided for the 1396
purpose, except that if, for any reason, an elector is unable to 1397
write the elector's name and current address in the poll list or 1398
signature pollbook, the elector may make the elector's mark at the 1399
place intended for the elector's name, and a precinct election 1400
official shall write the name of the elector at the proper place 1401
on the poll list or signature pollbook following the elector's 1402
mark. The making of such a mark shall be attested by the precinct 1403
election official, who shall evidence the same by signing the 1404
precinct election official's name on the poll list or signature 1405
pollbook as a witness to the mark. Alternatively, if applicable, 1406
an attorney in fact acting pursuant to section 3501.382 of the 1407
Revised Code may sign the elector's signature in the poll list or 1408
signature pollbook in accordance with that section.1409

       The elector's signature in the poll list or signature 1410
pollbook then shall be compared with the elector's signature on 1411
the elector's registration form or a digitized signature list as 1412
provided for in section 3503.13 of the Revised Code, and if, in 1413
the opinion of a majority of the precinct election officials, the 1414
signatures are the signatures of the same person, the election 1415
officials shall enter the date of the election on the registration 1416
form or shall record the date by other means prescribed by the 1417
secretary of state. The validity of an attorney in fact's 1418
signature on behalf of an elector shall be determined in 1419
accordance with section 3501.382 of the Revised Code.1420

       If the right of the elector to vote is not then challenged, 1421
or, if being challenged, the elector establishes the elector's 1422
right to vote, the elector shall be allowed to proceed to use the 1423
voting machine. If voting machines are not being used in that 1424
precinct, the judge in charge of ballots shall then detach the 1425
next ballots to be issued to the elector from Stub B attached to 1426
each ballot, leaving Stub A attached to each ballot, hand the 1427
ballots to the elector, and call the elector's name and the stub 1428
number on each of the ballots. The judge shall enter the stub 1429
numbers opposite the signature of the elector in the pollbook. The 1430
elector shall then retire to one of the voting compartments to 1431
mark the elector's ballots. No mark shall be made on any ballot 1432
which would in any way enable any person to identify the person 1433
who voted the ballot.1434

       Sec. 3505.181.  (A) All of the following individuals shall be 1435
permitted to cast a provisional ballot at an election:1436

       (1) An individual who declares that the individual is a 1437
registered voter in the jurisdiction in which the individual 1438
desires to vote and that the individual is eligible to vote in an 1439
election, but the name of the individual does not appear on the 1440
official list of eligible voters for the polling place or an 1441
election official asserts that the individual is not eligible to 1442
vote;1443

       (2) An individual who has a social security number and 1444
provides to the election officials the last four digits of the 1445
individual's social security number as permitted by division 1446
(A)(2) of section 3505.18 of the Revised Code;1447

       (3) An individual who has but is unable to provide to the 1448
election officials any of the forms of identification required 1449
under division (A)(1) of section 3505.18 of the Revised Code and 1450
who has a social security number but is unable to provide the last 1451
four digits of the individual's social security number as 1452
permitted under division (A)(2) of that section;1453

       (4) An individual who does not have any of the forms of 1454
identification required under division (A)(1) of section 3505.18 1455
of the Revised Code, who cannot provide the last four digits of 1456
the individual's social security number under division (A)(2) of 1457
that section because the individual does not have a social 1458
security number, and who has executed an affirmation as permitted 1459
under division (A)(4) of that section;1460

       (5) An individual whose name in the poll list or signature 1461
pollbook has been marked under section 3509.09 or 3511.13 of the 1462
Revised Code as having requested an absent voter's ballot or an 1463
armed service absent voter's ballot for that election and who 1464
appears to vote at the polling place;1465

       (6) An individual whose notification of registration has been 1466
returned undelivered to the board of elections and whose name in 1467
the official registration list and in the poll list or signature 1468
pollbook has been marked under division (C)(2) of section 3503.19 1469
of the Revised Code;1470

       (7) An individual who is challenged under section 3505.20 of 1471
the Revised Code and the election officials determine that the 1472
person is ineligible to vote or are unable to determine the 1473
person's eligibility to vote;1474

       (8) An individual whose application or challenge hearing has 1475
been postponed until after the day of the election under division 1476
(D)(1) of section 3503.24 of the Revised Code;1477

       (9) An individual who changes the individual's name and 1478
remains within the precinct, moves from one precinct to another 1479
within a county, moves from one precinct to another and changes 1480
the individual's name, or moves from one county to another within 1481
the state, and completes and signs the required forms and 1482
statements under division (B) or (C) of section 3503.16 of the 1483
Revised Code;1484

       (10) An individual whose signature, in the opinion of the 1485
precinct officers under section 3505.22 of the Revised Code, is 1486
not that of the person who signed that name in the registration 1487
forms;1488

       (11) An individual who is challenged under section 3513.20 of 1489
the Revised Code who refuses to make the statement required under 1490
that section or who a majority of the precinct officials find 1491
lacks any of the qualifications to make the individual a qualified 1492
elector;1493

       (12) An individual who does not have any of the forms of 1494
identification required under division (A)(1) of section 3505.18 1495
of the Revised Code, who cannot provide the last four digits of 1496
the individual's social security number under division (A)(2) of 1497
that section because the person does not have a social security 1498
number, and who declines to execute an affirmation as permitted 1499
under division (A)(4) of that section;1500

       (13) An individual who has but declines to provide to the 1501
precinct election officials any of the forms of identification 1502
required under division (A)(1) of section 3501.18 of the Revised 1503
Code or who has a social security number but declines to provide 1504
to the precinct election officials the last four digits of the 1505
individual's social security number.1506

       (B) An individual who is eligible to cast a provisional 1507
ballot under division (A) of this section shall be permitted to 1508
cast a provisional ballot as follows:1509

       (1) An election official at the polling place shall notify 1510
the individual that the individual may cast a provisional ballot 1511
in that election.1512

       (2) The individual shall be permitted to cast a provisional 1513
ballot at that polling place upon the execution of a written 1514
affirmation by the individual before an election official at the 1515
polling place stating that the individual is both of the 1516
following:1517

       (a) A registered voter in the jurisdiction in which the 1518
individual desires to vote;1519

       (b) Eligible to vote in that election.1520

       (3) An election official at the polling place shall transmit 1521
the ballot cast by the individual, the voter information contained 1522
in the written affirmation executed by the individual under 1523
division (B)(2) of this section, or the individual's name if the 1524
individual declines to execute such an affirmation to an 1525
appropriate local election official for verification under 1526
division (B)(4) of this section.1527

       (4) If the appropriate local election official to whom the 1528
ballot or voter or address information is transmitted under 1529
division (B)(3) of this section determines that the individual is 1530
eligible to vote, the individual's provisional ballot shall be 1531
counted as a vote in that election.1532

       (5)(a) At the time that an individual casts a provisional 1533
ballot, the appropriate local election official shall give the 1534
individual written information that states that any individual who 1535
casts a provisional ballot will be able to ascertain under the 1536
system established under division (B)(5)(b) of this section 1537
whether the vote was counted, and, if the vote was not counted, 1538
the reason that the vote was not counted.1539

       (b) The appropriate state or local election official shall 1540
establish a free access system, in the form of a toll-free 1541
telephone number, that any individual who casts a provisional 1542
ballot may access to discover whether the vote of that individual 1543
was counted, and, if the vote was not counted, the reason that the 1544
vote was not counted. The free access system established under 1545
this division also shall provide to an individual whose 1546
provisional ballot was not counted information explaining how that 1547
individual may contact the board of elections to register to vote 1548
or to resolve problems with the individual's voter registration.1549

       The appropriate state or local election official shall 1550
establish and maintain reasonable procedures necessary to protect 1551
the security, confidentiality, and integrity of personal 1552
information collected, stored, or otherwise used by the free 1553
access system established under this division. Access to 1554
information about an individual ballot shall be restricted to the 1555
individual who cast the ballot.1556

       (6) If, at the time that an individual casts a provisional 1557
ballot, the individual provides identification in the form of a 1558
current and valid photo identification, a military identification, 1559
or a copy of a current utility bill, bank statement, government 1560
check, paycheck, or other government document, other than a notice 1561
of an election mailed by a board of elections under section 1562
3501.19 of the Revised Code or a notice of voter registration 1563
mailed by a board of elections under section 3503.19 of the 1564
Revised Code, that shows the individual's name and current 1565
address, or provides the last four digits of the individual's 1566
social security number, or executes an affirmation that the 1567
elector does not have any of those forms of identification or the 1568
last four digits of the individual's social security number 1569
because the individual does not have a social security number, or 1570
declines to execute such an affirmation, the appropriate local 1571
election official shall record the type of identification 1572
provided, the social security number information, the fact that 1573
the affirmation was executed, or the fact that the individual 1574
declined to execute such an affirmation and include that 1575
information with the transmission of the ballot or voter or 1576
address information under division (B)(3) of this section. If the 1577
individual declines to execute such an affirmation, the 1578
appropriate local election official shall record the individual's 1579
name and include that information with the transmission of the 1580
ballot under division (B)(3) of this section.1581

       (7) If an individual casts a provisional ballot pursuant to 1582
division (A)(3), (7), (8), (12), or (13) of this section, the 1583
election official shall indicate, on the provisional ballot 1584
verification statement required under section 3505.182 of the 1585
Revised Code, that the individual is required to provide 1586
additional information to the board of elections or that an 1587
application or challenge hearing has been postponed with respect 1588
to the individual, such that additional information is required 1589
for the board of elections to determine the eligibility of the 1590
individual who cast the provisional ballot.1591

       (8) During the ten days after the day of an election, an 1592
individual who casts a provisional ballot pursuant to division 1593
(A)(3), (7), (12), or (13) of this section shall appear at the 1594
office of the board of elections and provide to the board any 1595
additional information necessary to determine the eligibility of 1596
the individual who cast the provisional ballot.1597

       (a) For a provisional ballot cast pursuant to division 1598
(A)(3), (12), or (13) of this section to be eligible to be 1599
counted, the individual who cast that ballot, within ten days 1600
after the day of the election, shall do any of the following:1601

       (i) Provide to the board of elections proof of the 1602
individual's identity in the form of a current and valid photo 1603
identification, a military identification, or a copy of a current 1604
utility bill, bank statement, government check, paycheck, or other 1605
government document, other than a notice of an election mailed by 1606
a board of elections under section 3501.19 of the Revised Code or1607
a notice of voter registration mailed by a board of elections 1608
under section 3503.19 of the Revised Code, that shows the 1609
individual's name and current address;1610

       (ii) Provide to the board of elections the last four digits 1611
of the individual's social security number;1612

       (iii) In the case of a provisional ballot executed pursuant 1613
to division (A)(12) of this section, execute an affirmation as 1614
permitted under division (A)(4) of section 3505.18 of the Revised 1615
Code.1616

       (b) For a provisional ballot cast pursuant to division (A)(7) 1617
of this section to be eligible to be counted, the individual who 1618
cast that ballot, within ten days after the day of that election, 1619
shall provide to the board of elections any identification or 1620
other documentation required to be provided by the applicable 1621
challenge questions asked of that individual under section 3505.20 1622
of the Revised Code.1623

       (C)(1) If an individual declares that the individual is 1624
eligible to vote in a jurisdiction other than the jurisdiction in 1625
which the individual desires to vote, or if, upon review of the 1626
precinct voting location guide using the residential street 1627
address provided by the individual, an election official at the 1628
polling place at which the individual desires to vote determines 1629
that the individual is not eligible to vote in that jurisdiction, 1630
the election official shall direct the individual to the polling 1631
place for the jurisdiction in which the individual appears to be 1632
eligible to vote, explain that the individual may cast a 1633
provisional ballot at the current location but the ballot will not 1634
be counted if it is cast in the wrong precinct, and provide the 1635
telephone number of the board of elections in case the individual 1636
has additional questions.1637

       (2) If the individual refuses to travel to the polling place 1638
for the correct jurisdiction or to the office of the board of 1639
elections to cast a ballot, the individual shall be permitted to 1640
vote a provisional ballot at that jurisdiction in accordance with 1641
division (B) of this section. If any of the following apply, the 1642
provisional ballot cast by that individual shall not be opened or 1643
counted:1644

       (a) The individual is not properly registered in that 1645
jurisdiction.1646

       (b) The individual is not eligible to vote in that election 1647
in that jurisdiction.1648

       (c) The individual's eligibility to vote in that jurisdiction 1649
in that election cannot be established upon examination of the 1650
records on file with the board of elections.1651

       (D) The appropriate local election official shall cause 1652
voting information to be publicly posted at each polling place on 1653
the day of each election.1654

       (E) As used in this section and sections 3505.182 and 1655
3505.183 of the Revised Code:1656

       (1) "Jurisdiction" means the precinct in which a person is a 1657
legally qualified elector.1658

       (2) "Precinct voting location guide" means either of the 1659
following:1660

        (a) An electronic or paper record that lists the correct 1661
jurisdiction and polling place for either each specific 1662
residential street address in the county or the range of 1663
residential street addresses located in each neighborhood block in 1664
the county;1665

        (b) Any other method that a board of elections creates that 1666
allows a precinct election official or any elector who is at a 1667
polling place in that county to determine the correct jurisdiction 1668
and polling place of any qualified elector who resides in the 1669
county.1670

        (3) "Voting information" means all of the following:1671

       (a) A sample version of the ballot that will be used for that 1672
election;1673

       (b) Information regarding the date of the election and the 1674
hours during which polling places will be open;1675

       (c) Instructions on how to vote, including how to cast a vote 1676
and how to cast a provisional ballot;1677

       (d) Instructions for mail-in registrants and first-time 1678
voters under applicable federal and state laws;1679

       (e) General information on voting rights under applicable 1680
federal and state laws, including information on the right of an 1681
individual to cast a provisional ballot and instructions on how to 1682
contact the appropriate officials if these rights are alleged to 1683
have been violated;1684

       (f) General information on federal and state laws regarding 1685
prohibitions against acts of fraud and misrepresentation.1686

       Sec. 3505.182.  Each individual who casts a provisional 1687
ballot under section 3505.181 of the Revised Code shall execute a 1688
written affirmation. The form of the written affirmation shall be 1689
printed upon the face of the provisional ballot envelope and shall 1690
be substantially as follows:1691

"Provisional Ballot Affirmation
1692

STATE OF OHIO1693

       I, .................... (Name of provisional voter), solemnly 1694
swear or affirm that I am a registered voter in the jurisdiction 1695
in which I am voting this provisional ballot and that I am 1696
eligible to vote in the election in which I am voting this 1697
provisional ballot.1698

       I understand that, if the above-provided information is not 1699
fully completed and correct, if the board of elections determines 1700
that I am not registered to vote, a resident of this precinct, or 1701
eligible to vote in this election, or if the board of elections 1702
determines that I have already voted in this election, my 1703
provisional ballot will not be counted. I further understand that 1704
knowingly providing false information is a violation of law and 1705
subjects me to possible criminal prosecution.1706

       I hereby declare, under penalty of election falsification, 1707
that the above statements are true and correct to the best of my 1708
knowledge and belief.1709

1710
(Signature of Voter) 1711
1712
(Voter's date of birth) 1713

The last four digits of the voter's social security number 1714
1715
(To be provided if the voter is unable to provide a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits) 1716

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 1717
OF THE FIFTH DEGREE.1718

Additional Information For Determining Ballot Validity
1719

(May be completed at voter's discretion)
1720

Voter's current address: 1721
Voter's former address if photo identification does not contain voter's current address 1722
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number 1723
(Please circle number type) 1724
(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.) 1725
Reason for voting provisional ballot (Check one): 1726
     ..... Requested, but did not receive, absent voter's ballot 1727
     ..... Other 1728

Verification Statement
1729

(To be completed by election official)
1730

       The Provisional Ballot Affirmation printed above was 1731
subscribed and affirmed before me this .......... day of 1732
.......... (Month), .......... (Year).1733

       (If applicable, the election official must check the 1734
following true statement concerning additional information needed 1735
to determine the eligibility of the provisional voter.) 1736

       ...... The provisional voter is required to provide 1737
additional information to the board of elections.1738

       ...... An application or challenge hearing regarding this 1739
voter has been postponed until after the election. 1740

       (The election official must check the following true 1741
statement concerning identification provided by the provisional 1742
voter, if any.)1743

       ...... The provisional voter provided a current and valid 1744
photo identification.1745

       ...... The provisional voter provided a current valid photo 1746
identification, other than a driver's license or a state 1747
identification card, with the voter's former address instead of 1748
current address and has provided the election official both the 1749
current and former addresses.1750

       ...... The provisional voter provided a military 1751
identification or a copy of a current utility bill, bank 1752
statement, government check, paycheck, or other government 1753
document, other than a notice of an election mailed by a board of 1754
elections under section 3501.19 of the Revised Code or a notice of 1755
voter registration mailed by a board of elections under section 1756
3503.19 of the Revised Code, with the voter's name and current 1757
address.1758

       ...... The provisional voter provided the last four digits of 1759
the voter's social security number.1760

       ...... The provisional voter is not able to provide a current 1761
and valid photo identification, a military identification, or a 1762
copy of a current utility bill, bank statement, government check, 1763
paycheck, or other government document, other than a notice of an 1764
election mailed by a board of elections under section 3501.19 of 1765
the Revised Code or a notice of voter registration mailed by a 1766
board of elections under section 3503.19 of the Revised Code, with 1767
the voter's name and current address but does have one of these 1768
forms of identification. The provisional voter must provide one of 1769
the foregoing items of identification to the board of elections 1770
within ten days after the election.1771

       ..... The provisional voter is not able to provide a current 1772
and valid photo identification, a military identification, or a 1773
copy of a current utility bill, bank statement, government check, 1774
paycheck, or other government document, other than a notice of an 1775
election mailed by a board of elections under section 3501.19 of 1776
the Revised Code or a notice of voter registration mailed by a 1777
board of elections under section 3503.19 of the Revised Code, with 1778
the voter's name and current address but does have one of these 1779
forms of identification. Additionally, the provisional voter does 1780
have a social security number but is not able to provide the last 1781
four digits of the voter's social security number before voting. 1782
The provisional voter must provide one of the foregoing items of 1783
identification or the last four digits of the voter's social 1784
security number to the board of elections within ten days after 1785
the election.1786

       ..... The provisional voter does not have a current and valid 1787
photo identification, a military identification, a copy of a 1788
current utility bill, bank statement, government check, paycheck, 1789
or other government document with the voter's name and current 1790
address, or a social security number, but has executed an 1791
affirmation.1792

       ..... The provisional voter does not have a current and valid 1793
photo identification, a military identification, a copy of a 1794
current utility bill, bank statement, government check, paycheck, 1795
or other government document with the voter's name and current 1796
address, or a social security number, and has declined to execute 1797
an affirmation.1798

       ..... The provisional voter declined to provide a current and 1799
valid photo identification, a military identification, a copy of a 1800
current utility bill, bank statement, government check, paycheck, 1801
or other government document with the voter's name and current 1802
address, or the last four digits of the voter's social security 1803
number but does have one of these forms of identification or a 1804
social security number. The provisional voter must provide one of 1805
the foregoing items of identification or the last four digits of 1806
the voter's social security number to the board of elections 1807
within ten days after the election.1808

1809
(Signature of Election Official)" 1810

       In addition to any information required to be included on the 1811
written affirmation, an individual casting a provisional ballot 1812
may provide additional information to the election official to 1813
assist the board of elections in determining the individual's 1814
eligibility to vote in that election, including the date and 1815
location at which the individual registered to vote, if known.1816

       If the individual declines to execute the affirmation, an 1817
appropriate local election official shall comply with division 1818
(B)(6) of section 3505.181 of the Revised Code.1819

       Sec. 3505.183.  (A) When the ballot boxes are delivered to 1820
the board of elections from the precincts, the board shall 1821
separate the provisional ballot envelopes from the rest of the 1822
ballots. Teams of employees of the board consisting of one member 1823
of each major political party shall place the sealed provisional 1824
ballot envelopes in a secure location within the office of the 1825
board. The sealed provisional ballot envelopes shall remain in 1826
that secure location until the validity of those ballots is 1827
determined under division (B) of this section. While the 1828
provisional ballot is stored in that secure location, and prior to 1829
the counting of the provisional ballots, if the board receives 1830
information regarding the validity of a specific provisional 1831
ballot under division (B) of this section, the board may note, on 1832
the sealed provisional ballot envelope for that ballot, whether 1833
the ballot is valid and entitled to be counted.1834

       (B)(1) To determine whether a provisional ballot is valid and 1835
entitled to be counted, the board shall examine its records and 1836
determine whether the individual who cast the provisional ballot 1837
is registered and eligible to vote in the applicable election. The 1838
board shall examine the information contained in the written 1839
affirmation executed by the individual who cast the provisional 1840
ballot under division (B)(2) of section 3505.181 of the Revised 1841
Code. If the individual declines to execute such an affirmation, 1842
the individual's name, written by either the individual or the 1843
election official at the direction of the individual, shall be 1844
included in a written affirmation in order for the provisional 1845
ballot to be eligible to be counted; otherwise, the following 1846
information shall be included in the written affirmation in order 1847
for the provisional ballot to be eligible to be counted:1848

       (a) The individual's name and signature;1849

       (b) A statement that the individual is a registered voter in 1850
the jurisdiction in which the provisional ballot is being voted;1851

       (c) A statement that the individual is eligible to vote in 1852
the election in which the provisional ballot is being voted.1853

       (2) In addition to the information required to be included in 1854
an affirmation under division (B)(1) of this section, in 1855
determining whether a provisional ballot is valid and entitled to 1856
be counted, the board also shall examine any additional 1857
information for determining ballot validity provided by the 1858
provisional voter on the affirmation, provided by the provisional 1859
voter to an election official under section 3505.182 of the 1860
Revised Code, or provided to the board of elections during the ten 1861
days after the day of the election under division (B)(8) of 1862
section 3505.181 of the Revised Code, to assist the board in 1863
determining the individual's eligibility to vote.1864

       (3) If, in examining a provisional ballot affirmation and 1865
additional information under divisions (B)(1) and (2) of this 1866
section and comparing the information required under division 1867
(B)(1) of this section with the elector's information in the 1868
statewide voter registration database, the board determines that 1869
all of the following apply, the provisional ballot envelope shall 1870
be opened, and the ballot shall be placed in a ballot box to be 1871
counted:1872

       (a) The individual named on the affirmation is properly 1873
registered to vote.1874

       (b) The individual named on the affirmation is eligible to 1875
cast a ballot in the precinct and for the election in which the 1876
individual cast the provisional ballot.1877

       (c) The individual provided all of the information required 1878
under division (B)(1) of this section in the affirmation that the 1879
individual executed at the time the individual cast the 1880
provisional ballot.1881

       (d) The last four digits of the elector's social security 1882
number or the elector's driver's license number or state 1883
identification number are not different from the last four digits 1884
of the elector's social security number or the elector's driver's 1885
license number or state identification number contained in the 1886
statewide voter registration database.1887

       (e) If applicable, the individual provided any additional 1888
information required under division (B)(8) of section 3505.181 of 1889
the Revised Code within ten days after the day of the election.1890

       (f) If applicable, the hearing conducted under division (B) 1891
of section 3503.24 of the Revised Code after the day of the 1892
election resulted in the individual's inclusion in the official 1893
registration list.1894

       (4)(a) If, in examining a provisional ballot affirmation and 1895
additional information under divisions (B)(1) and (2) of this 1896
section and comparing the information required under division 1897
(B)(1) of this section with the elector's information in the 1898
statewide voter registration database, the board determines that 1899
any of the following applies, the provisional ballot envelope 1900
shall not be opened, and the ballot shall not be counted:1901

       (i) The individual named on the affirmation is not qualified 1902
or is not properly registered to vote.1903

       (ii) The individual named on the affirmation is not eligible 1904
to cast a ballot in the precinct or for the election in which the 1905
individual cast the provisional ballot.1906

       (iii) The individual did not provide all of the information 1907
required under division (B)(1) of this section in the affirmation 1908
that the individual executed at the time the individual cast the 1909
provisional ballot.1910

       (iv) The individual has already cast a ballot for the 1911
election in which the individual cast the provisional ballot.1912

       (v) If applicable, the individual did not provide any 1913
additional information required under division (B)(8) of section 1914
3505.181 of the Revised Code within ten days after the day of the 1915
election.1916

       (vi) If applicable, the hearing conducted under division (B) 1917
of section 3503.24 of the Revised Code after the day of the 1918
election did not result in the individual's inclusion in the 1919
official registration list.1920

       (vii) The individual failed to provide a current and valid 1921
photo identification, a military identification, a copy of a 1922
current utility bill, bank statement, government check, paycheck, 1923
or other government document, other than a notice of an election 1924
mailed by a board of elections under section 3501.19 of the 1925
Revised Code or a notice of voter registration mailed by a board 1926
of elections under section 3503.19 of the Revised Code, with the 1927
voter's name and current address, or the last four digits of the 1928
individual's social security number or to execute an affirmation 1929
under division (A) of section 3505.18 or division (B) of section 1930
3505.181 of the Revised Code.1931

       (viii) The last four digits of the elector's social security 1932
number or the elector's driver's license number or state 1933
identification number are different from the last four digits of 1934
the elector's social security number or the elector's driver's 1935
license number or state identification number contained in the 1936
statewide voter registration database.1937

       (b) If, in examining a provisional ballot affirmation and 1938
additional information under divisions (B)(1) and (2) of this 1939
section and comparing the information required under division 1940
(B)(1) of this section with the elector's information in the 1941
statewide voter registration database, the board is unable to 1942
determine either of the following, the provisional ballot envelope 1943
shall not be opened, and the ballot shall not be counted:1944

       (i) Whether the individual named on the affirmation is 1945
qualified or properly registered to vote;1946

       (ii) Whether the individual named on the affirmation is 1947
eligible to cast a ballot in the precinct or for the election in 1948
which the individual cast the provisional ballot.1949

       (C)(1) For each provisional ballot rejected under division 1950
(B)(4) of this section, the board shall record the name of the 1951
provisional voter who cast the ballot, the identification number 1952
of the provisional ballot envelope, the names of the election 1953
officials who determined the validity of that ballot, the date and 1954
time that the determination was made, and the reason that the 1955
ballot was not counted.1956

       (2) Provisional ballots that are rejected under division 1957
(B)(4) of this section shall not be counted but shall be preserved 1958
in their provisional ballot envelopes unopened until the time 1959
provided by section 3505.31 of the Revised Code for the 1960
destruction of all other ballots used at the election for which 1961
ballots were provided, at which time they shall be destroyed.1962

       (D) Provisional ballots that the board determines are 1963
eligible to be counted under division (B)(3) of this section shall 1964
be counted in the same manner as provided for other ballots under 1965
section 3505.27 of the Revised Code. No provisional ballots shall 1966
be counted in a particular county until the board determines the 1967
eligibility to be counted of all provisional ballots cast in that 1968
county under division (B) of this section for that election. 1969
Observers, as provided in section 3505.21 of the Revised Code, may 1970
be present at all times that the board is determining the 1971
eligibility of provisional ballots to be counted and counting 1972
those provisional ballots determined to be eligible. No person 1973
shall recklessly disclose the count or any portion of the count of 1974
provisional ballots in such a manner as to jeopardize the secrecy 1975
of any individual ballot.1976

       (E)(1) Except as otherwise provided in division (E)(2) of 1977
this section, nothing in this section shall prevent a board of 1978
elections from examining provisional ballot affirmations and 1979
additional information under divisions (B)(1) and (2) of this 1980
section to determine the eligibility of provisional ballots to be 1981
counted during the ten days after the day of an election.1982

       (2) A board of elections shall not examine the provisional 1983
ballot affirmation and additional information under divisions 1984
(B)(1) and (2) of this section of any provisional ballot for which 1985
an election official has indicated under division (B)(7) of 1986
section 3505.181 of the Revised Code that additional information 1987
is required for the board of elections to determine the 1988
eligibility of the individual who cast that provisional ballot 1989
until the individual provides any information required under 1990
division (B)(8) of section 3505.181 of the Revised Code, until any 1991
hearing required to be conducted under section 3503.24 of the 1992
Revised Code with regard to the provisional voter is held, or 1993
until the eleventh day after the day of the election, whichever is 1994
earlier.1995

       Sec. 3509.03.  Except as provided in division (B) of section 1996
3509.08 of the Revised Code, any qualified elector desiring to 1997
vote absent voter's ballots at an election shall make written 1998
application for those ballots to the director of elections of the 1999
county in which the elector's voting residence is located. The 2000
application need not be in any particular form but shall contain 2001
all of the following:2002

       (A) The elector's name;2003

       (B) The elector's signature;2004

       (C) The address at which the elector is registered to vote;2005

       (D) The elector's date of birth;2006

       (E) One of the following:2007

       (1) The elector's driver's license number;2008

       (2) The last four digits of the elector's social security 2009
number;2010

       (3) A copy of the elector's current and valid photo 2011
identification, a copy of a military identification, or a copy of 2012
a current utility bill, bank statement, government check, 2013
paycheck, or other government document, other than a notice of an 2014
election mailed by a board of elections under section 3501.19 of 2015
the Revised Code or a notice of voter registration mailed by a 2016
board of elections under section 3503.19 of the Revised Code, that 2017
shows the name and address of the elector.2018

       (F) A statement identifying the election for which absent 2019
voter's ballots are requested;2020

       (G) A statement that the person requesting the ballots is a 2021
qualified elector;2022

       (H) If the request is for primary election ballots, the 2023
elector's party affiliation;2024

       (I) If the elector desires ballots to be mailed to the 2025
elector, the address to which those ballots shall be mailed.2026

       Each application for absent voter's ballots shall be 2027
delivered to the director not earlier than the first day of 2028
January of the year of the elections for which the absent voter's 2029
ballots are requested or not earlier than ninety days before the 2030
day of the election at which the ballots are to be voted, 2031
whichever is earlier, and not later than twelve noon of the third 2032
day before the day of the election at which the ballots are to be 2033
voted, or not later than six p.m. on the the last Friday before 2034
the day of the election at which the ballots are to be voted if 2035
the application is delivered in person to the office of the board.2036

       Sec. 3509.04. (A) If a director of a board of elections 2037
receives an application for absent voter's ballots that does not 2038
contain all of the required information, the director promptly 2039
shall notify the applicant of the additional information required 2040
to be provided by the applicant to complete that application.2041

       (B) Upon receipt by the director of elections of an 2042
application for absent voter's ballots that contains all of the 2043
required information, as provided by section 3509.03 and division 2044
(G) of section 3503.16 of the Revised Code, the director, if the 2045
director finds that the applicant is a qualified elector, shall 2046
deliver to the applicant in person or mail directly to the 2047
applicant by special delivery mail, air mail, or regular mail, 2048
postage prepaid, proper absent voter's ballots. The director shall 2049
deliver or mail with the ballots an unsealed identification 2050
envelope upon the face of which shall be printed a form 2051
substantially as follows:2052

"Identification Envelope Statement of Voter
2053

       I, ........................(Name of voter), declare under 2054
penalty of election falsification that the within ballot or 2055
ballots contained no voting marks of any kind when I received 2056
them, and I caused the ballot or ballots to be marked, enclosed in 2057
the identification envelope, and sealed in that envelope.2058

       My voting residence in Ohio is2059

...................................................................2060

(Street and Number, if any, or Rural Route and Number)
2061

of ................................ (City, Village, or Township) 2062
Ohio, which is in Ward ............... Precinct ................ 2063
in that city, village, or township.2064

       The primary election ballots, if any, within this envelope 2065
are primary election ballots of the ............. Party.2066

       Ballots contained within this envelope are to be voted at the 2067
.......... (general, special, or primary) election to be held on 2068
the .......................... day of ......................, ....2069

       My date of birth is ............... (Month and Day), 2070
.......... (Year).2071

       (Voter must provide one of the following:)2072

       My driver's license number is ............... (Driver's 2073
license number).2074

       The last four digits of my Social Security Number are 2075
............... (Last four digits of Social Security Number).2076

       ...... In lieu of providing a driver's license number or the 2077
last four digits of my Social Security Number, I am enclosing a 2078
copy of one of the following in the return envelope in which this 2079
identification envelope will be mailed: a current and valid photo 2080
identification, a military identification, or a current utility 2081
bill, bank statement, government check, paycheck, or other 2082
government document, other than a notice of an election mailed by 2083
a board of elections under section 3501.19 of the Revised Code or2084
a notice of voter registration mailed by a board of elections, 2085
that shows my name and address.2086

       I hereby declare, under penalty of election falsification, 2087
that the statements above are true, as I verily believe.2088

2089
(Signature of Voter) 2090

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 2091
THE FIFTH DEGREE."2092

       The director shall mail with the ballots and the unsealed 2093
identification envelope an unsealed return envelope upon the face 2094
of which shall be printed the official title and post-office 2095
address of the director. In the upper left corner on the face of 2096
the return envelope, several blank lines shall be printed upon 2097
which the voter may write the voter's name and return address. The 2098
return envelope shall be of such size that the identification 2099
envelope can be conveniently placed within it for returning the 2100
identification envelope to the director.2101

       Sec. 3509.05.  (A) When an elector receives an absent voter's 2102
ballot pursuant to the elector's application or request, the 2103
elector shall, before placing any marks on the ballot, note 2104
whether there are any voting marks on it. If there are any voting 2105
marks, the ballot shall be returned immediately to the board of 2106
elections; otherwise, the elector shall cause the ballot to be 2107
marked, folded in a manner that the stub on it and the 2108
indorsements and facsimile signatures of the members of the board 2109
of elections on the back of it are visible, and placed and sealed 2110
within the identification envelope received from the director of 2111
elections for that purpose. Then, the elector shall cause the 2112
statement of voter on the outside of the identification envelope 2113
to be completed and signed, under penalty of election 2114
falsification.2115

       If the elector does not provide the elector's driver's 2116
license number or the last four digits of the elector's social 2117
security number on the statement of voter on the identification 2118
envelope, the elector also shall include in the return envelope 2119
with the identification envelope a copy of the elector's current 2120
valid photo identification, a copy of a military identification, 2121
or a copy of a current utility bill, bank statement, government 2122
check, paycheck, or other government document, other than a notice 2123
of an election mailed by a board of elections under section 2124
3501.19 of the Revised Code or a notice of voter registration 2125
mailed by a board of elections under section 3503.19 of the 2126
Revised Code, that shows the name and address of the elector.2127

       The elector shall mail the identification envelope to the 2128
director from whom it was received in the return envelope, postage 2129
prepaid, or the elector may personally deliver it to the director, 2130
or the spouse of the elector, the father, mother, father-in-law, 2131
mother-in-law, grandfather, grandmother, brother, or sister of the 2132
whole or half blood, or the son, daughter, adopting parent, 2133
adopted child, stepparent, stepchild, uncle, aunt, nephew, or 2134
niece of the elector may deliver it to the director. The return 2135
envelope shall be transmitted to the director in no other manner, 2136
except as provided in section 3509.08 of the Revised Code.2137

       When absent voter's ballots are delivered to an elector at 2138
the office of the board, the elector may retire to a voting 2139
compartment provided by the board and there mark the ballots. 2140
Thereupon, the elector shall fold them, place them in the 2141
identification envelope provided, seal the envelope, fill in and 2142
sign the statement on the envelope under penalty of election 2143
falsification, and deliver the envelope to the director of the 2144
board.2145

       Except as otherwise provided in division (B) of this section, 2146
all other envelopes containing marked absent voter's ballots shall 2147
be delivered to the director not later than the close of the polls 2148
on the day of an election. Absent voter's ballots delivered to the 2149
director later than the times specified shall not be counted, but 2150
shall be kept by the board in the sealed identification envelopes 2151
in which they are delivered to the director, until the time 2152
provided by section 3505.31 of the Revised Code for the 2153
destruction of all other ballots used at the election for which 2154
ballots were provided, at which time they shall be destroyed.2155

       (B)(1) Except as otherwise provided in division (B)(2) of 2156
this section, any return envelope that is postmarked prior to the 2157
day of the election shall be delivered to the director prior to 2158
the eleventh day after the election. Ballots delivered in 2159
envelopes postmarked prior to the day of the election that are 2160
received after the close of the polls on election day through the 2161
tenth day thereafter shall be counted on the eleventh day at the 2162
board of elections in the manner provided in divisions (C) and (D) 2163
of section 3509.06 of the Revised Code. Any such ballots that are 2164
received by the director later than the tenth day following the 2165
election shall not be counted, but shall be kept by the board in 2166
the sealed identification envelopes as provided in division (A) of 2167
this section.2168

       (2) Division (B)(1) of this section shall not apply to any 2169
mail that is postmarked using a postage evidencing system, 2170
including a postage meter, as defined in 39 C.F.R. 501.1.2171

       Sec. 3511.02.  Notwithstanding any section of the Revised 2172
Code to the contrary, whenever any person applies for registration 2173
as a voter on a form adopted in accordance with federal 2174
regulations relating to the "Uniformed and Overseas Citizens 2175
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986), 2176
this application shall be sufficient for voter registration and as 2177
a request for an absent voter's ballot. Uniformed services or 2178
overseas absent voter's ballots may be obtained by any person 2179
meeting the requirements of section 3511.011 of the Revised Code 2180
by applying electronically to the secretary of state or to the 2181
board of elections of the county in which the person's voting 2182
residence is located in accordance with section 3511.021 of the 2183
Revised Code or by applying to the director of the board of 2184
elections of the county in which the person's voting residence is 2185
located, in one of the following ways:2186

       (A) That person may make written application for those 2187
ballots. The person may personally deliver the application to the 2188
director or may mail it, send it by facsimile machine, send it by 2189
electronic mail, send it through internet delivery if such 2190
delivery is offered by the board of elections or the secretary of 2191
state, or otherwise send it to the director. The application need 2192
not be in any particular form but shall contain all of the 2193
following information:2194

       (1) The elector's name;2195

       (2) The elector's signature;2196

       (3) The address at which the elector is registered to vote;2197

       (4) The elector's date of birth;2198

       (5) One of the following:2199

       (a) The elector's driver's license number;2200

       (b) The last four digits of the elector's social security 2201
number;2202

       (c) A copy of the elector's current and valid photo 2203
identification, a copy of a military identification, or a copy of 2204
a current utility bill, bank statement, government check, 2205
paycheck, or other government document, other than a notice of an 2206
election mailed by a board of elections under section 3501.19 of 2207
the Revised Code or a notice of voter registration mailed by a 2208
board of elections under section 3503.19 of the Revised Code, that 2209
shows the name and address of the elector.2210

       (6) A statement identifying the election for which absent 2211
voter's ballots are requested;2212

       (7) A statement that the person requesting the ballots is a 2213
qualified elector;2214

       (8) A statement that the elector is an absent uniformed 2215
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;2216

       (9) A statement of the elector's length of residence in the 2217
state immediately preceding the commencement of service, 2218
immediately preceding the date of leaving to be with or near the 2219
service member, or immediately preceding leaving the United 2220
States, or a statement that the elector's parent or legal guardian 2221
resided in this state long enough to establish residency for 2222
voting purposes immediately preceding leaving the United States, 2223
whichever is applicable;2224

       (10) If the request is for primary election ballots, the 2225
elector's party affiliation;2226

       (11) If the elector desires ballots to be mailed to the 2227
elector, the address to which those ballots shall be mailed;2228

       (12) If the elector desires ballots to be sent to the elector 2229
by facsimile machine, the telephone number to which they shall be 2230
so sent;2231

       (13) If the elector desires ballots to be sent to the elector 2232
by electronic mail or, if offered by the board of elections or the 2233
secretary of state, through internet delivery, the elector's 2234
electronic mail address or other internet contact information.2235

       (B) A voter or any relative of a voter listed in division (C) 2236
of this section may use a single federal post card application to 2237
apply for uniformed services or overseas absent voter's ballots 2238
for use at the primary and general elections in a given year and 2239
any special election to be held on the day in that year specified 2240
by division (E) of section 3501.01 of the Revised Code for the 2241
holding of a primary election, designated by the general assembly 2242
for the purpose of submitting constitutional amendments proposed 2243
by the general assembly to the voters of the state. A single 2244
federal postcard application shall be processed by the board of 2245
elections pursuant to section 3511.04 of the Revised Code the same 2246
as if the voter had applied separately for uniformed services or 2247
overseas absent voter's ballots for each election.2248

       (C) Application to have uniformed services or overseas absent 2249
voter's ballots mailed or sent by facsimile machine to such a 2250
person may be made by the spouse, father, mother, father-in-law, 2251
mother-in-law, grandfather, grandmother, brother or sister of the 2252
whole blood or half blood, son, daughter, adopting parent, adopted 2253
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle, 2254
aunt, nephew, or niece of such a person. The application shall be 2255
in writing upon a blank form furnished only by the director or on 2256
a single federal post card as provided in division (B) of this 2257
section. The form of the application shall be prescribed by the 2258
secretary of state. The director shall furnish that blank form to 2259
any of the relatives specified in this division desiring to make 2260
the application, only upon the request of such a relative made in 2261
person at the office of the board or upon the written request of 2262
such a relative mailed to the office of the board. The 2263
application, subscribed and sworn to by the applicant, shall 2264
contain all of the following:2265

       (1) The full name of the elector for whom ballots are 2266
requested;2267

       (2) A statement that the elector is an absent uniformed 2268
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;2269

       (3) The address at which the elector is registered to vote;2270

       (4) A statement identifying the elector's length of residence 2271
in the state immediately preceding the commencement of service, 2272
immediately preceding the date of leaving to be with or near a 2273
service member, or immediately preceding leaving the United 2274
States, or a statement that the elector's parent or legal guardian 2275
resided in this state long enough to establish residency for 2276
voting purposes immediately preceding leaving the United States, 2277
as the case may be;2278

        (5) The elector's date of birth;2279

       (6) One of the following:2280

       (a) The elector's driver's license number;2281

       (b) The last four digits of the elector's social security 2282
number;2283

       (c) A copy of the elector's current and valid photo 2284
identification, a copy of a military identification, or a copy of 2285
a current utility bill, bank statement, government check, 2286
paycheck, or other government document, other than a notice of an 2287
election mailed by a board of elections under section 3501.19 of 2288
the Revised Code or a notice of voter registration mailed by a 2289
board of elections under section 3503.19 of the Revised Code, that 2290
shows the name and address of the elector.2291

       (7) A statement identifying the election for which absent 2292
voter's ballots are requested;2293

       (8) A statement that the person requesting the ballots is a 2294
qualified elector;2295

       (9) If the request is for primary election ballots, the 2296
elector's party affiliation;2297

        (10) A statement that the applicant bears a relationship to 2298
the elector as specified in division (C) of this section;2299

        (11) The address to which ballots shall be mailed, the 2300
telephone number to which ballots shall be sent by facsimile 2301
machine, the electronic mail address to which ballots shall be 2302
sent by electronic mail, or, if internet delivery is offered by 2303
the board of elections or the secretary of state, the internet 2304
contact information to which ballots shall be sent through 2305
internet delivery;2306

        (12) The signature and address of the person making the 2307
application.2308

       Each application for uniformed services or overseas absent 2309
voter's ballots shall be delivered to the director not earlier 2310
than the first day of January of the year of the elections for 2311
which the uniformed services or overseas absent voter's ballots 2312
are requested or not earlier than ninety days before the day of 2313
the election at which the ballots are to be voted, whichever is 2314
earlier, and not later than twelve noon of the third day preceding 2315
the day of the election, or not later than six p.m. on the last 2316
Friday before the day of the election at which those ballots are 2317
to be voted if the application is delivered in person to the 2318
office of the board.2319

       (D) If the voter for whom the application is made is entitled 2320
to vote for presidential and vice-presidential electors only, the 2321
applicant shall submit to the director in addition to the 2322
requirements of divisions (A), (B), and (C) of this section, a 2323
statement to the effect that the voter is qualified to vote for 2324
presidential and vice-presidential electors and for no other 2325
offices.2326

       Sec. 3511.05.  (A) The director of the board of elections 2327
shall place uniformed services or overseas absent voter's ballots 2328
sent by mail in an unsealed identification envelope, gummed ready 2329
for sealing. The director shall include with uniformed services or 2330
overseas absent voter's ballots sent electronically, including by 2331
facsimile machine, an instruction sheet for preparing a gummed 2332
envelope in which the ballots shall be returned. The envelope for 2333
returning ballots sent by either means shall have printed or 2334
written on its face a form substantially as follows:2335

"Identification Envelope Statement of Voter
2336

       I, ........................(Name of voter), declare under 2337
penalty of election falsification that the within ballot or 2338
ballots contained no voting marks of any kind when I received 2339
them, and I caused the ballot or ballots to be marked, enclosed in 2340
the identification envelope, and sealed in that envelope.2341

       My voting residence in Ohio is2342

...................................................................2343

(Street and Number, if any, or Rural Route and Number)
2344

of ................................ (City, Village, or Township) 2345
Ohio, which is in Ward ............... Precinct ................ 2346
in that city, village, or township.2347

       The primary election ballots, if any, within this envelope 2348
are primary election ballots of the ............. Party.2349

       Ballots contained within this envelope are to be voted at the 2350
.......... (general, special, or primary) election to be held on 2351
the .......................... day of ......................, ....2352

       My date of birth is ............... (Month and Day), 2353
.......... (Year).2354

       (Voter must provide one of the following:)2355

       My driver's license number is ............... (Driver's 2356
license number).2357

       The last four digits of my Social Security Number are 2358
............... (Last four digits of Social Security Number).2359

       ...... In lieu of providing a driver's license number or the 2360
last four digits of my Social Security Number, I am enclosing a 2361
copy of one of the following in the return envelope in which this 2362
identification envelope will be mailed: a current and valid photo 2363
identification, a military identification, or a current utility 2364
bill, bank statement, government check, paycheck, or other 2365
government document, other than a notice of an election mailed by 2366
a board of elections under section 3501.19 of the Revised Code or2367
a notice of voter registration mailed by a board of elections, 2368
that shows my name and address.2369

       I hereby declare, under penalty of election falsification, 2370
that the statements above are true, as I verily believe.2371

2372
(Signature of Voter) 2373

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 2374
THE FIFTH DEGREE."2375

       (B) The director shall also mail with the ballots and the 2376
unsealed identification envelope sent by mail an unsealed return 2377
envelope, gummed, ready for sealing, for use by the voter in 2378
returning the voter's marked ballots to the director. The director 2379
shall send with the ballots and the instruction sheet for 2380
preparing a gummed envelope sent electronically, including by 2381
facsimile machine, an instruction sheet for preparing a second 2382
gummed envelope as described in this division, for use by the 2383
voter in returning that voter's marked ballots to the director. 2384
The return envelope shall have two parallel lines, each one 2385
quarter of an inch in width, printed across its face paralleling 2386
the top, with an intervening space of one quarter of an inch 2387
between such lines. The top line shall be one and one-quarter 2388
inches from the top of the envelope. Between the parallel lines 2389
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR 2390
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank 2391
lines shall be printed in the upper left corner on the face of the 2392
envelope for the use by the voter in placing the voter's complete 2393
military, naval, or mailing address on these lines, and beneath 2394
these lines there shall be printed a box beside the words "check 2395
if out-of-country." The voter shall check this box if the voter 2396
will be outside the United States on the day of the election. The 2397
official title and the post-office address of the director to whom 2398
the envelope shall be returned shall be printed on the face of 2399
such envelope in the lower right portion below the bottom parallel 2400
line.2401

       (C) On the back of each identification envelope and each 2402
return envelope shall be printed the following:2403

"Instructions to voter:2404

       If the flap on this envelope is so firmly stuck to the back 2405
of the envelope when received by you as to require forcible 2406
opening in order to use it, open the envelope in the manner least 2407
injurious to it, and, after marking your ballots and enclosing 2408
same in the envelope for mailing them to the director of the board 2409
of elections, reclose the envelope in the most practicable way, by 2410
sealing or otherwise, and sign the blank form printed below.2411

       The flap on this envelope was firmly stuck to the back of the 2412
envelope when received, and required forced opening before sealing 2413
and mailing.2414

2415
(Signature of voter)" 2416

       (D) Division (C) of this section does not apply when absent 2417
voter's ballots are sent electronically, including by facsimile 2418
machine.2419

       Sec. 3511.09.  Upon receiving uniformed services or overseas 2420
absent voter's ballots, the elector shall cause the questions on 2421
the face of the identification envelope to be answered, and, by 2422
writing the elector's usual signature in the proper place on the 2423
identification envelope, the elector shall declare under penalty 2424
of election falsification that the answers to those questions are 2425
true and correct to the best of the elector's knowledge and 2426
belief. Then, the elector shall note whether there are any voting 2427
marks on the ballot. If there are any voting marks, the ballot 2428
shall be returned immediately to the board of elections; 2429
otherwise, the elector shall cause the ballot to be marked, folded 2430
separately so as to conceal the markings on it, deposited in the 2431
identification envelope, and securely sealed in the identification 2432
envelope. The elector then shall cause the identification envelope 2433
to be placed within the return envelope, sealed in the return 2434
envelope, and mailed to the director of the board of elections to 2435
whom it is addressed. The ballot shall be submitted for mailing 2436
not later than 12:01 a.m. at the place where the voter completes 2437
the ballot, on the date of the election. If the elector does not 2438
provide the elector's driver's license number or the last four 2439
digits of the elector's social security number on the statement of 2440
voter on the identification envelope, the elector also shall 2441
include in the return envelope with the identification envelope a 2442
copy of the elector's current valid photo identification, a copy 2443
of a military identification, or a copy of a current utility bill, 2444
bank statement, government check, paycheck, or other government 2445
document, other than a notice of an election mailed by a board of 2446
elections under section 3501.19 of the Revised Code or a notice of 2447
voter registration mailed by a board of elections under section 2448
3503.19 of the Revised Code, that shows the name and address of 2449
the elector. Each elector who will be outside the United States on 2450
the day of the election shall check the box on the return envelope 2451
indicating this fact and shall mail the return envelope to the 2452
director prior to the close of the polls on election day.2453

       Every uniformed services or overseas absent voter's ballot 2454
identification envelope shall be accompanied by the following 2455
statement in boldface capital letters: WHOEVER COMMITS ELECTION 2456
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.2457

       Sec. 3513.04.  Candidates for party nominations to state, 2458
district, county, and municipal offices or positions, for which 2459
party nominations are provided by law, and for election as members 2460
of party controlling committees shall have their names printed on 2461
the official primary ballot by filing a declaration of candidacy 2462
and paying the fees specified for the office under divisions (A) 2463
and (B) of section 3513.10 of the Revised Code, except that the 2464
joint candidates for party nomination to the offices of governor 2465
and lieutenant governor shall, for the two of them, file one 2466
declaration of candidacy. The joint candidates also shall pay the 2467
fees specified for the joint candidates under divisions (A) and 2468
(B) of section 3513.10 of the Revised Code.2469

       The secretary of state shall not accept for filing the 2470
declaration of candidacy of a candidate for party nomination to 2471
the office of governor unless the declaration of candidacy also 2472
shows a joint candidate for the same party's nomination to the 2473
office of lieutenant governor, shall not accept for filing the 2474
declaration of candidacy of a candidate for party nomination to 2475
the office of lieutenant governor unless the declaration of 2476
candidacy also shows a joint candidate for the same party's 2477
nomination to the office of governor, and shall not accept for 2478
filing a declaration of candidacy that shows a candidate for party 2479
nomination to the office of governor or lieutenant governor who, 2480
for the same election, has already filed a declaration of 2481
candidacy or a declaration of intent to be a write-in candidate, 2482
or has become a candidate by the filling of a vacancy under 2483
section 3513.30 of the Revised Code for any other state office or 2484
any federal or county office.2485

       No person who seeks party nomination for an office or 2486
position at a primary election by declaration of candidacy or by 2487
declaration of intent to be a write-in candidate and no person who 2488
is a first choice for president of candidates seeking election as 2489
delegates and alternates to the national conventions of the 2490
different major political parties who are chosen by direct vote of 2491
the electors as provided in this chapter shall be permitted to 2492
become a candidate by nominating petition or, by declaration of 2493
intent to be a write-in candidate, or by filling a vacancy under 2494
section 3513.31 of the Revised Code at the following general 2495
election for any office other than the office of member of the 2496
state board of education, office of member of a city, local, or 2497
exempted village board of education, office of member of a 2498
governing board of an educational service center, or office of 2499
township trustee.2500

       Sec. 3513.262.  The nominating petitions of all candidates 2501
required to be filed before four p.m. of the day before the day of 2502
the primary election immediately preceding the general election 2503
shall be processed as follows:2504

       If such petition is filed with the secretary of state, he2505
the secretary of state shall, not later than the fifteenth day of 2506
June following the filing of such petition, or if the primary 2507
election was a presidential primary election, not later than the 2508
end of the sixth week after the day of that election, transmit to 2509
each board such separate petition papers as purport to contain 2510
signatures of electors of the county of such board. If such 2511
petition is filed with the board of the most populous county of a 2512
district or of a county in which the major portion of the 2513
population of a subdivision is located, such board shall, not 2514
later than the fifteenth day of June, or if the primary election 2515
was a presidential primary election, not later than the end of the 2516
sixth week after the day of that election, transmit to each board 2517
within such district such separate petition papers of the petition 2518
as purport to contain signatures of electors of the county of such 2519
board.2520

       All petition papers so transmitted to a board and all 2521
nominating petitions filed with a board shall, under proper 2522
regulations, be open to public inspection from the fifteenth day 2523
of June until four p.m. of the thirtieth day of that month, or if 2524
the primary election was a presidential primary election, from the 2525
end of the sixth week after the election until four p.m. of the 2526
end of the seventh week after the election. Each board shall, not 2527
later than the next fifteenth day of July, or if the primary 2528
election was a presidential primary election, not later than the 2529
end of the tenth week after the day of that election, examine and 2530
determine the sufficiency of the signatures on the petition papers 2531
transmitted to or filed with it, and the validity of the petitions 2532
filed with it, and shall return to the secretary of state all 2533
petition papers transmitted to it by himthe secretary of state, 2534
together with its certification of its determination as to the 2535
validity or invalidity of signatures thereon, and shall return to 2536
each other board all petition papers transmitted to it by such 2537
other board, as provided in this section, together with its 2538
certification of its determination as to the validity or 2539
invalidity of signatures thereon. A signature on a nominating 2540
petition is not valid if it is dated more than one year before the 2541
date the nominating petition was filed. All other matters 2542
affecting the validity or invalidity of such petition papers shall 2543
be determined by the secretary of state or the board with whom 2544
such petition papers were filed.2545

       Written protests against nominating petitions may be filed by 2546
any qualified elector eligible to vote for the candidate whose 2547
nominating petition hethe elector objects to, not later than four 2548
p.m. of the thirtieth day of July, or if the primary election was 2549
a presidential primary election, not later than the end of the 2550
twelfth week after the day of that election. Such protests shall 2551
be filed with the election officials with whom the nominating 2552
petition was filed. Upon the filing of such protest, the election 2553
officials with whom it is filed shall promptly fix the time and 2554
place for hearing it, and shall forthwith mail notice of the 2555
filing of such protest and the time and place for hearing it to 2556
the person whose nomination is protested. They shall also 2557
forthwith mail notice of the time and place fixed for the hearing 2558
to the person who filed the protest. At the time fixed, such 2559
election officials shall hear the protest and determine the 2560
validity or invalidity of the petition. Such determination shall 2561
be final.2562

       A protest against the nominating petition filed by joint 2563
candidates for the offices of governor and lieutenant governor 2564
shall be filed, heard, and determined in the same manner as a 2565
protest against the nominating petition of a candidate who files 2566
by himselfindividually.2567

       Sec. 3513.263.  The nominating petitions of all candidates 2568
required to be filed before four p.m. of the ninetieth day before 2569
the day of the general election, shall be processed as follows:2570

       If such petition is filed with the secretary of state, the 2571
secretary of state shall promptly transmit to each board such 2572
separate petition papers as purports to contain signatures of 2573
electors of the county of such board.2574

       If such petition is filed with the board of a county in which 2575
the major portion of the population of a subdivision is located, 2576
such board shall promptly transmit to the board of each county in 2577
which other portions of such subdivision are located such separate 2578
petition papers of the petition as purport to contain signatures 2579
of electors of such county.2580

       All petition papers so transmitted to a board of elections, 2581
and all nominating petitions filed with a board of elections 2582
shall, under proper regulation, be open to public inspection until 2583
four p.m. of the eightieth day before the day of such general 2584
election. Each board shall, not later than the seventy-eighth day 2585
before the day of such general election examine and determine the 2586
sufficiency of the signatures on the petition papers transmitted 2587
to or filed with it and the validity or invalidity of petitions 2588
filed with it, and shall return to each other board all petition 2589
papers transmitted to it by such other board, together with its 2590
certification of its determination as to the validity or 2591
invalidity of signatures thereon. A signature on a nominating 2592
petition is not valid if it is dated more than one year before the 2593
date the nominating petition was filed. All other matters 2594
affecting the validity or invalidity of such petition papers shall 2595
be determined by the board with whom such petition papers were 2596
filed.2597

       Written protests against such nominating petitions may be 2598
filed by any qualified elector eligible to vote for the candidate 2599
whose nominating petition the elector objects to, not later than 2600
the seventy-fourth day before the general election. Such protests 2601
shall be filed with the election officials with whom the 2602
nominating petition was filed. Upon the filing of such protests, 2603
the election officials with whom it is filed shall promptly fix 2604
the time and place for hearing it, and shall forthwith mail notice 2605
of the filing of such protest and the time and place for hearing 2606
it to the person whose nomination is protested. They shall also 2607
forthwith mail notice of the time and place fixed for the hearing 2608
to the person who filed the protest. At the time and place fixed, 2609
such election officials shall hear the protest and determine the 2610
validity or invalidity of the petition. Such determination shall 2611
be final.2612

       Sec. 3513.30.  (A)(1) If only one valid declaration of 2613
candidacy is filed for nomination as a candidate of a political 2614
party for an office and that candidate dies prior to the tenth day 2615
before the primary election, both of the following may occur:2616

       (a) The political party whose candidate died may fill the 2617
vacancy so created as provided in division (A)(2) of this section.2618

       (b) Any major political party other than the one whose 2619
candidate died may select a candidate as provided in division 2620
(A)(2) of this section under either of the following 2621
circumstances:2622

       (i) No person has filed a valid declaration of candidacy for 2623
nomination as that party's candidate at the primary election.2624

       (ii) Only one person has filed a valid declaration of 2625
candidacy for nomination as that party's candidate at the primary 2626
election, that person has withdrawn, died, or been disqualified 2627
under section 3513.052 of the Revised Code, and the vacancy so 2628
created has not been filled.2629

       (2) A vacancy may be filled under division (A)(1)(a) and a 2630
selection may be made under division (A)(1)(b) of this section by 2631
the appropriate committee of the political party in the same 2632
manner as provided in divisions (A) to (E) of section 3513.31 of 2633
the Revised Code for the filling of similar vacancies created by 2634
withdrawals or disqualifications under section 3513.052 of the 2635
Revised Code after the primary election, except that the 2636
certification required under that section may not be filed with 2637
the secretary of state, or with a board of the most populous 2638
county of a district, or with the board of a county in which the 2639
major portion of the population of a subdivision is located, later 2640
than four p.m. of the tenth day before the day of such primary 2641
election, or with any other board later than four p.m. of the 2642
fifth day before the day of such primary election.2643

       (3) If only one valid declaration of candidacy is filed for 2644
nomination as a candidate of a political party for an office and 2645
that candidate dies on or after the tenth day before the day of 2646
the primary election, that candidate is considered to have 2647
received the nomination of that candidate's political party at 2648
that primary election, and, for purposes of filling the vacancy so 2649
created, that candidate's death shall be treated as if that 2650
candidate died on the day after the day of the primary election.2651

       (B) Any person filing a declaration of candidacy may withdraw 2652
as such candidate at any time prior to the primary election. The 2653
withdrawal shall be effected and the statement of withdrawal shall 2654
be filed in accordance with the procedures prescribed in division 2655
(D) of this section for the withdrawal of persons nominated in a 2656
primary election or by nominating petition.2657

       (C) A person who is the first choice for president of the 2658
United States by a candidate for delegate or alternate to a 2659
national convention of a political party may withdraw consent for 2660
the selection of the person as such first choice no later than 2661
four p.m. of the fortieth day before the day of the presidential 2662
primary election. Withdrawal of consent shall be for the entire 2663
slate of candidates for delegates and alternates who named such 2664
person as their presidential first choice and shall constitute 2665
withdrawal from the primary election by such delegates and 2666
alternates. The withdrawal shall be made in writing and delivered 2667
to the secretary of state. If the withdrawal is delivered to the 2668
secretary of state on or before the seventieth day before the day 2669
of the primary election, the boards of elections shall remove both 2670
the name of the withdrawn first choice and the names of such 2671
withdrawn candidates from the ballots according to the directions 2672
of the secretary of state. If the withdrawal is delivered to the 2673
secretary of state after the seventieth day before the day of the 2674
primary election, the board of elections shall not remove the name 2675
of the withdrawn first choice and the names of the withdrawn 2676
candidates from the ballots. The board of elections shall post a 2677
notice at each polling location on the day of the primary 2678
election, and shall enclose with each absent voter's ballot given 2679
or mailed after the candidate withdraws, a notice that votes for 2680
the withdrawn first choice or the withdrawn candidates will be 2681
void and will not be counted. If such names are not removed from 2682
all ballots before the day of the election, the votes for the 2683
withdrawn first choice or the withdrawn candidates are void and 2684
shall not be counted.2685

       (D) Any person nominated in a primary election or by 2686
nominating petition as a candidate for election at the next 2687
general election may withdraw as such candidate at any time prior 2688
to the general election. Such withdrawal may be effected by the 2689
filing of a written statement by such candidate announcing the 2690
candidate's withdrawal and requesting that the candidate's name 2691
not be printed on the ballots. If such candidate's declaration of 2692
candidacy or nominating petition was filed with the secretary of 2693
state, the candidate's statement of withdrawal shall be addressed 2694
to and filed with the secretary of state. If such candidate's 2695
declaration of candidacy or nominating petition was filed with a 2696
board of elections, the candidate's statement of withdrawal shall 2697
be addressed to and filed with such board.2698

       (E) When a person withdraws under division (B) or (D) of this 2699
section on or before the seventieth day before the day of the 2700
primary election or the general election, the board of elections 2701
shall remove the name of the withdrawn candidate from the ballots 2702
according to the directions of the secretary of state. When a 2703
person withdraws under division (B) or (D) of this section after 2704
the seventieth day before the day of the primary election or the 2705
general election, the board of elections shall not remove the name 2706
of the withdrawn candidate from the ballots. The board of 2707
elections shall post a notice at each polling place on the day of 2708
the primary election, and shall enclose with each absent voter's 2709
ballot given or mailed after the candidate withdraws, a notice 2710
that votes for the withdrawn candidate will be void and will not 2711
be counted. If the name is not removed from all ballots before the 2712
day of the election, the votes for the withdrawn candidate are 2713
void and shall not be counted.2714

       Sec. 3513.31.  (A) If a person nominated in a primary 2715
election as a candidate for election at the next general election, 2716
whose candidacy is to be submitted to the electors of the entire 2717
state, withdraws as that candidate or is disqualified as that 2718
candidate under section 3513.052 of the Revised Code, the vacancy 2719
in the party nomination so created may be filled by the state 2720
central committee of the major political party that made the 2721
nomination at the primary election, if the committee's chairperson 2722
and secretary certify the name of the person selected to fill the 2723
vacancy by the time specified in this division, at a meeting 2724
called for that purpose. The meeting shall be called by the 2725
chairperson of that committee, who shall give each member of the 2726
committee at least two days' notice of the time, place, and 2727
purpose of the meeting. If a majority of the members of the 2728
committee are present at the meeting, a majority of those present 2729
may select a person to fill the vacancy. The chairperson and 2730
secretary of the meeting shall certify in writing and under oath 2731
to the secretary of state, not later than the eighty-sixth day 2732
before the day of the general election, the name of the person 2733
selected to fill the vacancy. The certification must be 2734
accompanied by the written acceptance of the nomination by the 2735
person whose name is certified. A vacancy that may be filled by an 2736
intermediate or minor political party shall be filled in 2737
accordance with the party's rules by authorized officials of the 2738
party. Certification must be made as in the manner provided for a 2739
major political party.2740

       (B) If a person nominated in a primary election as a party 2741
candidate for election at the next general election, whose 2742
candidacy is to be submitted to the electors of a district 2743
comprised of more than one county but less than all of the 2744
counties of the state, withdraws as that candidate or is 2745
disqualified as that candidate under section 3513.052 of the 2746
Revised Code, the vacancy in the party nomination so created may 2747
be filled by a district committee of the major political party 2748
that made the nomination at the primary election, if the 2749
committee's chairperson and secretary certify the name of the 2750
person selected to fill the vacancy by the time specified in this 2751
division, at a meeting called for that purpose. The district 2752
committee shall consist of the chairperson and secretary of the 2753
county central committee of such political party in each county in 2754
the district. The district committee shall be called by the 2755
chairperson of the county central committee of such political 2756
party of the most populous county in the district, who shall give 2757
each member of the district committee at least two days' notice of 2758
the time, place, and purpose of the meeting. If a majority of the 2759
members of the district committee are present at the district 2760
committee meeting, a majority of those present may select a person 2761
to fill the vacancy. The chairperson and secretary of the meeting 2762
shall certify in writing and under oath to the board of elections 2763
of the most populous county in the district, not later than four 2764
p.m. of the eighty-sixth day before the day of the general 2765
election, the name of the person selected to fill the vacancy. The 2766
certification must be accompanied by the written acceptance of the 2767
nomination by the person whose name is certified. A vacancy that 2768
may be filled by an intermediate or minor political party shall be 2769
filled in accordance with the party's rules by authorized 2770
officials of the party. Certification must be made as in the 2771
manner provided for a major political party.2772

       (C) If a person nominated in a primary election as a party 2773
candidate for election at the next general election, whose 2774
candidacy is to be submitted to the electors of a county, 2775
withdraws as that candidate or is disqualified as that candidate 2776
under section 3513.052 of the Revised Code, the vacancy in the 2777
party nomination so created may be filled by the county central 2778
committee of the major political party that made the nomination at 2779
the primary election, or by the county executive committee if so 2780
authorized, if the committee's chairperson and secretary certify 2781
the name of the person selected to fill the vacancy by the time 2782
specified in this division, at a meeting called for that purpose. 2783
The meeting shall be called by the chairperson of that committee, 2784
who shall give each member of the committee at least two days' 2785
notice of the time, place, and purpose of the meeting. If a 2786
majority of the members of the committee are present at the 2787
meeting, a majority of those present may select a person to fill 2788
the vacancy. The chairperson and secretary of the meeting shall 2789
certify in writing and under oath to the board of that county, not 2790
later than four p.m. of the eighty-sixth day before the day of the 2791
general election, the name of the person selected to fill the 2792
vacancy. The certification must be accompanied by the written 2793
acceptance of the nomination by the person whose name is 2794
certified. A vacancy that may be filled by an intermediate or 2795
minor political party shall be filled in accordance with the 2796
party's rules by authorized officials of the party. Certification 2797
must be made as in the manner provided for a major political 2798
party.2799

       (D) If a person nominated in a primary election as a party 2800
candidate for election at the next general election, whose 2801
candidacy is to be submitted to the electors of a district within 2802
a county, withdraws as that candidate or is disqualified as that 2803
candidate under section 3513.052 of the Revised Code, the vacancy 2804
in the party nomination so created may be filled by a district 2805
committee consisting of those members of the county central 2806
committee or, if so authorized, those members of the county 2807
executive committee in that county of the major political party 2808
that made the nomination at the primary election who represent the 2809
precincts or the wards and townships within the district, if the 2810
committee's chairperson and secretary certify the name of the 2811
person selected to fill the vacancy by the time specified in this 2812
division, at a meeting called for that purpose. The district 2813
committee meeting shall be called by the chairperson of the county 2814
central committee or executive committee, as appropriate, who 2815
shall give each member of the district committee at least two 2816
days' notice of the time, place, and purpose of the meeting. If a 2817
majority of the members of the district committee are present at 2818
the district committee meeting, a majority of those present may 2819
select a person to fill the vacancy. The chairperson and secretary 2820
of the district committee meeting shall certify in writing and 2821
under oath to the board of the county, not later than four p.m. of 2822
the eighty-sixth day before the day of the general election, the 2823
name of the person selected to fill the vacancy. The certification 2824
must be accompanied by the written acceptance of the nomination by 2825
the person whose name is certified. A vacancy that may be filled 2826
by an intermediate or minor political party shall be filled in 2827
accordance with the party's rules by authorized officials of the 2828
party. Certification must be made as in the manner provided for a 2829
major political party.2830

       (E) If a person nominated in a primary election as a party 2831
candidate for election at the next general election, whose 2832
candidacy is to be submitted to the electors of a subdivision 2833
within a county, withdraws as that candidate or is disqualified as 2834
that candidate under section 3513.052 of the Revised Code, the 2835
vacancy in the party nomination so created may be filled by a 2836
subdivision committee consisting of those members of the county 2837
central committee or, if so authorized, those members of the 2838
county executive committee in that county of the major political 2839
party that made the nomination at that primary election who 2840
represent the precincts or the wards and townships within that 2841
subdivision, if the committee's chairperson and secretary certify 2842
the name of the person selected to fill the vacancy by the time 2843
specified in this division, at a meeting called for that purpose.2844

       The subdivision committee meeting shall be called by the 2845
chairperson of the county central committee or executive 2846
committee, as appropriate, who shall give each member of the 2847
subdivision committee at least two days' notice of the time, 2848
place, and purpose of the meeting. If a majority of the members of 2849
the subdivision committee are present at the subdivision committee 2850
meeting, a majority of those present may select a person to fill 2851
the vacancy. The chairperson and secretary of the subdivision 2852
committee meeting shall certify in writing and under oath to the 2853
board of the county, not later than four p.m. of the eighty-sixth 2854
day before the day of the general election, the name of the person 2855
selected to fill the vacancy. The certification must be 2856
accompanied by the written acceptance of the nomination by the 2857
person whose name is certified. A vacancy that may be filled by an 2858
intermediate or minor political party shall be filled in 2859
accordance with the party's rules by authorized officials of the 2860
party. Certification must be made in the manner provided for a 2861
major political party.2862

       (F) If a person nominated by petition as an independent or 2863
nonpartisan candidate for election at the next general election 2864
withdraws as that candidate or is disqualified as that candidate 2865
under section 3513.052 of the Revised Code, the vacancy so created 2866
may be filled by a majority of the committee of five, as 2867
designated on the candidate's nominating petition, if a member of 2868
that committee certifies in writing and under oath to the election 2869
officials with whom the candidate filed the candidate's nominating 2870
petition, not later than the eighty-sixth day before the day of 2871
the general election, the name of the person selected to fill the 2872
vacancy. The certification shall be accompanied by the written 2873
acceptance of the nomination by the person whose name is certified 2874
and shall be made in the manner provided for a major political 2875
party.2876

       (G) If a person nominated in a primary election as a party 2877
candidate for election at the next general election dies, the 2878
vacancy so created may be filled by the same committee in the same 2879
manner as provided in this section for the filling of similar 2880
vacancies created by withdrawals or disqualifications under 2881
section 3513.052 of the Revised Code, except that the 2882
certification, when filling a vacancy created by death, may not be 2883
filed with the secretary of state, or with a board of the most 2884
populous county of a district, or with the board of a county in 2885
which the major portion of the population of a subdivision is 2886
located, later than four p.m. of the tenth day before the day of 2887
such general election, or with any other board later than four 2888
p.m. of the fifth day before the day of such general election.2889

       (H) If a person nominated by petition as an independent or 2890
nonpartisan candidate for election at the next general election 2891
dies prior to the tenth day before the day of that general 2892
election, the vacancy so created may be filled by a majority of 2893
the committee of five designated in the nominating petition to 2894
represent the candidate named in it. To fill the vacancy a member 2895
of the committee shall, not later than four p.m. of the fifth day 2896
before the day of the general election, file with the election 2897
officials with whom the petition nominating the person was filed, 2898
a certificate signed and sworn to under oath by a majority of the 2899
members, designating the person they select to fill the vacancy. 2900
The certification must be accompanied by the written acceptance of 2901
the nomination by the person whose name is so certified.2902

       (I) If a person holding an elective office dies or resigns 2903
subsequent to the one hundred fifteenth day before the day of a 2904
primary election and prior to the eighty-sixth day before the day 2905
of the next general election, and if, under the laws of this 2906
state, a person may be elected at that general election to fill 2907
the unexpired term of the person who has died or resigned, the 2908
appropriate committee of each political party, acting as in the 2909
case of a vacancy in a party nomination, as provided in divisions 2910
(A) to (D) of this section, may select a person as the party 2911
candidate for election for such unexpired term at that general 2912
election, and certify the person's name to the appropriate 2913
election official not later than four p.m. on the eighty-sixth day 2914
before the day of that general election, or on the tenth day 2915
following the day on which the vacancy occurs, whichever is later. 2916
When the vacancy occurs on or subsequent to the eighty-sixth day 2917
and six or more days prior to the fifty-sixthfortieth day before 2918
the general election, the appropriate committee may select a 2919
person as the party candidate and certify the person's name, as 2920
provided in the preceding sentence, not later than four p.m. on 2921
the fiftiethtenth day following the day on which the vacancy 2922
occurs. When the vacancy occurs fewer than six days before the 2923
fortieth day before the general election, the deadline for filing 2924
shall be four p.m. on the thirty-sixth day before the general 2925
election. Thereupon the name shall be printed as the party 2926
candidate under proper titles and in the proper place on the 2927
proper ballots for use at the election. If a person has been 2928
nominated in a primary election, the authorized committee of that 2929
political party shall not select and certify a person as the party 2930
candidate.2931

       (J) Each person desiring to become an independent candidate 2932
to fill the unexpired term shall file a statement of candidacy and 2933
nominating petition, as provided in section 3513.261 of the 2934
Revised Code, with the appropriate election official not later 2935
than four p.m. on the tenth day following the day on which the 2936
vacancy occurs, provided that when the vacancy occurs fewer than 2937
six days before the fifty-sixth day before the general election, 2938
the deadline for filing shall be four p.m. on the fiftieth day 2939
before the general election. The nominating petition shall contain 2940
at least seven hundred fifty signatures and no more than one 2941
thousand five hundred signatures of qualified electors of the 2942
district, political subdivision, or portion of a political 2943
subdivision in which the office is to be voted upon, or the amount 2944
provided for in section 3513.257 of the Revised Code, whichever is 2945
less.2946

       (K) When a person nominated as a candidate by a political 2947
party in a primary election or by nominating petition for an 2948
elective office for which candidates are nominated at a party 2949
primary election withdraws, dies, or is disqualified under section 2950
3513.052 of the Revised Code prior to the general election, the 2951
appropriate committee of any other major political party or 2952
committee of five that has not nominated a candidate for that 2953
office, or whose nominee as a candidate for that office has 2954
withdrawn, died, or been disqualified without the vacancy so 2955
created having been filled, may, acting as in the case of a 2956
vacancy in a party nomination or nomination by petition as 2957
provided in divisions (A) to (F) of this section, whichever is 2958
appropriate, select a person as a candidate of that party or of 2959
that committee of five for election to the office.2960

       Sec. 3519.16. (A) Pursuant to Section 1g of Article II, Ohio 2961
Constitution, the supreme court of Ohio shall have exclusive 2962
original jurisdiction in all challenges to initiative and 2963
referendum petitions.2964

       (B) The circulator of any part-petition, the committee 2965
interested in thea petition, or any elector may file with the 2966
board of elections a protest against the board's findings made 2967
pursuant to section 3519.15 of the Revised Code. Protests shall be 2968
in writing and shall specify reasons for the protest. Protests for 2969
all initiative and referendum petitions other than those to be 2970
voted on by electors throughout the entire state shall be filed 2971
not later than four p.m. of the seventy-fourth day before the day 2972
of the election. Once a protest is filed, the board shall proceed 2973
to establish the sufficiency or insufficiency of the signatures 2974
and of the verification of those signatures in an action before 2975
the court of common pleas in the county. The action shall be 2976
brought within three days after the protest is filed, and it shall 2977
be heard forthwith by a judge of that court, whose decision shall 2978
be certified to the board. The signatures that are adjudged 2979
sufficient or the part-petitions that are adjudged properly 2980
verified shall be included with the others by the board, and those 2981
found insufficient and all those part-petitions that are adjudged 2982
not properly verified shall not be includedshall include upon 2983
each part-petition filed with the secretary of state a designation 2984
of the county in which the part-petition was circulated and a 2985
number for the part-petition. In any county where part-petitions 2986
are circulated, each part-petition shall be numbered sequentially. 2987
The committee shall sort the part-petitions by county. Upon filing 2988
the petition with the secretary of state, the committee also shall 2989
file the following:2990

       (1) An electronic copy of the petition along with a 2991
verification that the electronic copy is a true representation of 2992
the original filed paper petition;2993

       (2) A summary of the number of part-petitions filed per 2994
county, and the number of signatures on each part-petition;2995

       (3) An index of the electronic copy of the petition.2996

       (C) From the time the petition is initially filed with the 2997
secretary of state and until the part-petitions are returned to 2998
the secretary of state by the boards of elections after a 2999
determination of sufficiency under section 3519.15 of the Revised 3000
Code, any request for the inspection or copying of the original 3001
petition filed with the secretary of state under Chapter 149. of 3002
the Revised Code is fulfilled if the secretary of state permits 3003
the inspection of or provides copies of the electronic copy of the 3004
petition filed by the circulator. 3005

       (D) Discrepancies between the electronic copy of a petition 3006
filed under division (B)(1) of this section and the original paper 3007
petition filed with the secretary of state shall not render the 3008
petition invalid. Such discrepancies, if the product of fraud, 3009
shall be subject to criminal penalties under section 3599.36 of 3010
the Revised Code.3011

       (E) The properly verified part-petitions, together with the 3012
reportan electronic copy of the boardpart-petitions, shall be 3013
returned to the secretary of state not less than sixtyone hundred 3014
ten days before the election, provided that, in the case of an 3015
initiated law to be presented to the general assembly, the boards 3016
shall promptly check and return the petitions together with their 3017
report. The secretary of state shall determine the sufficiency of 3018
the signatures not later than one hundred five days before the 3019
election. The secretary of state promptly shall notify the 3020
chairperson of the committee in charge of the circulation as to 3021
the sufficiency or insufficiency of the petition and the extent of 3022
the insufficiency.3023

       (F) If the petition is found insufficient because of an 3024
insufficient number of valid signatures, the committee shall be 3025
allowed ten additional days after the notification by the 3026
secretary of state for the filing of additional signatures to the 3027
petition. No additional signatures shall be collected or submitted 3028
to the secretary of state by the committee interested in the 3029
petition, or by any person acting on behalf of the committee, 3030
during the period beginning on the date that the petition is 3031
initially submitted to the secretary of state and ending on the 3032
date that the secretary of state notifies the committee that the 3033
petition has an insufficient number of valid signatures. If the 3034
committee, or any person acting on behalf of the committee, 3035
submits additional signatures, only signatures that were signed 3036
and collected during the ten-day period to collect and submit 3037
additional signatures may be submitted. If additional signatures 3038
are filed, the secretary of state shall determine the sufficiency 3039
of those additional signatures not later than sixty-five days 3040
before the election. The part-petitions of the supplementary 3041
petition that appear to the secretary of state to be properly 3042
verified, upon their receipt by the secretary of state, shall 3043
forthwith be forwarded to the boards of the several counties 3044
together with the part-petitions of the original petition that 3045
have been properly verified. They shall be immediately examined 3046
and passed upon as to the validity and sufficiency of the 3047
signatures on them by each of the boards and returned within five3048
eight days to the secretary of state with the report of each 3049
board. No signature on a supplementary part-petition that is the 3050
same as a signature on an original part-petition shall be counted. 3051
The number of signatures in both the original and supplementary 3052
petitions, properly verified, shall be used by the secretary of 3053
state in determining the total number of signatures to the 3054
petition that the secretary of state shall record and announce. If 3055
they are sufficient, the amendment, proposed law, or law shall be 3056
placed on the ballot as required by law. If the petition is found 3057
insufficient, the secretary of state shall notify the committee in 3058
charge of the circulation of the petition.3059

       Section 2. That existing sections 3.02, 302.09, 305.02, 3060
503.24, 733.31, 1901.10, 2301.02, 3501.301, 3501.38, 3503.06, 3061
3503.14, 3503.16, 3503.19, 3503.28, 3505.13, 3505.18, 3505.181, 3062
3505.182, 3505.183, 3509.03, 3509.04, 3509.05, 3511.02, 3511.05, 3063
3511.09, 3513.04, 3513.262, 3513.263, 3513.30, 3513.31, and 3064
3519.16 of the Revised Code are hereby repealed.3065