Sub. S. B. No. 47 As Reported by the Senate State Government Oversight and Reform Committee

As Reported by the Senate State Government Oversight and Reform Committee

130th General Assembly

Regular Session

2013-2014

Sub. S. B. No. 47

Senator Seitz

Cosponsors: Senators Eklund, Coley

A BILL

To amend sections 3.02, 302.09, 305.02, 503.24,

733.31, 1901.10, 2301.02, 3501.301, 3501.38,

3503.06, 3503.14, 3503.16, 3503.19, 3503.28,

3505.13, 3505.18, 3505.181, 3505.182, 3505.183,

3509.03, 3509.04, 3509.05, 3511.02, 3511.05,

3511.09, 3513.04, 3513.262, 3513.263, 3513.30,

3513.31, 3519.05, and 3519.16 and to enact section

3501.302 of the Revised Code to revise the

Election Law.

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

Section 1. That sections 3.02, 302.09, 305.02, 503.24,	10
733.31, 1901.10, 2301.02, 3501.301, 3501.38, 3503.06, 3503.14,	11
3503.16, 3503.19, 3503.28, 3505.13, 3505.18, 3505.181, 3505.182,	12
3505.183, 3509.03, 3509.04, 3509.05, 3511.02, 3511.05, 3511.09,	13
3513.04, 3513.262, 3513.263, 3513.30, 3513.31, 3519.05, and	14
3519.16 be amended and section 3501.302 of the Revised Code be	15
enacted to read as follows:	16

Sec. 3.02. (A) When an elective office becomes vacant and is	17
filled by appointment, such appointee shall hold the office until	18
the appointee's successor is elected and qualified; and such	19
successor shall be elected for the unexpired term, at the first	20
general election for the office which is vacant that occurs more	21
than ~~fifty-six~~forty days after the vacancy has occurred; provided	22
that when the unexpired term ends within one year immediately	23
following the date of such general election, an election to fill	24
such unexpired term shall not be held and the appointment shall be	25
for such unexpired term.	26

(B) When an elective office becomes vacant and is filled by	27
appointment, the appointing authority shall, immediately but no	28
later than seven days after making the appointment, certify it to	29
the board of elections and to the secretary of state. The board of	30
elections or, in the case of an appointment to a statewide office,	31
the secretary of state shall issue a certificate of appointment to	32
the appointee. Certificates of appointment shall be in such form	33
as the secretary of state shall prescribe.	34

(C) When an elected candidate fails to qualify for the office	35
to which the candidate has been elected, the office shall be	36
filled as in the case of a vacancy. Until so filled, the incumbent	37
officer shall continue to hold office. This section does not	38
postpone the time for such election beyond that at which it would	39
have been held had no such vacancy occurred, or affect the	40
official term, or the time for the commencement thereof, of any	41
person elected to such office before the occurrence of such	42
vacancy.	43

Sec. 302.09. When a vacancy occurs in the board of county	44
commissioners or in the office of county auditor, county	45
treasurer, prosecuting attorney, clerk of the court of common	46
pleas, sheriff, county recorder, county engineer, or coroner more	47
than ~~fifty-six~~forty days before the next general election for	48
state and county officers, the vacancy shall be filled as provided	49
for in divisions (A) and (B) of section 305.02 of the Revised	50
Code.	51

Sec. 305.02. (A) If a vacancy in the office of county	52
commissioner, prosecuting attorney, county auditor, county	53
treasurer, clerk of the court of common pleas, sheriff, county	54
recorder, county engineer, or coroner occurs more than ~~fifty-six~~	55
forty days before the next general election for state and county	56
officers, a successor shall be elected at such election for the	57
unexpired term unless such term expires within one year	58
immediately following the date of such general election.	59

In either event, the vacancy shall be filled as provided in	60
this section and the appointee shall hold office until a successor	61
is elected and qualified.	62

(B) If a vacancy occurs from any cause in any of the offices	63
named in division (A) of this section, the county central	64
committee of the political party with which the last occupant of	65
the office was affiliated shall appoint a person to hold the	66
office and to perform the duties thereof until a successor is	67
elected and has qualified, except that if such vacancy occurs	68
because of the death, resignation, or inability to take the office	69
of an officer-elect whose term has not yet begun, an appointment	70
to take such office at the beginning of the term shall be made by	71
the central committee of the political party with which such	72
officer-elect was affiliated.	73

(C) Not less than five nor more than forty-five days after a	74
vacancy occurs, the county central committee shall meet for the	75
purpose of making an appointment under this section. Not less than	76
four days before the date of such meeting the chairperson or	77
secretary of such central committee shall send by first class mail	78
to every member of such central committee a written notice which	79
shall state the time and place of such meeting and the purpose	80
thereof. A majority of the members of the central committee	81
present at such meeting may make the appointment.	82

(D) If the last occupant of the office or the officer-elect	83
was elected as an independent candidate, the board of county	84
commissioners shall make such appointment at the time when the	85
vacancy occurs, except where the vacancy is in the office of	86
county commissioner, in which case the prosecuting attorney and	87
the remaining commissioners or a majority of them shall make the	88
appointment.	89

(E) Appointments made under this section shall be certified	90
by the appointing county central committee or by the board of	91
county commissioners to the county board of elections and to the	92
secretary of state, and the persons so appointed and certified	93
shall be entitled to all remuneration provided by law for the	94
offices to which they are appointed.	95

(F) The board of county commissioners may appoint a person to	96
hold any of the offices named in division (A) of this section as	97
an acting officer and to perform the duties thereof between the	98
occurrence of the vacancy and the time when the officer appointed	99
by the central committee qualifies and takes the office.	100

(G) A person appointed prosecuting attorney or assistant	101
prosecuting attorney shall give bond and take the oath of office	102
prescribed by section 309.03 of the Revised Code for the	103
prosecuting attorney.	104

Sec. 503.24. If there is a vacancy by reason of the	105
nonacceptance, death, or removal of a person chosen to an office	106
in any township at the regular election, or if there is a vacancy	107
from any other cause, the board of township trustees shall appoint	108
a person having the qualifications of an elector to fill such	109
vacancy for the unexpired term or until a successor is elected.	110

If a township is without a board or if no appointment is made	111
within thirty days after the occurrence of a vacancy, a majority	112
of the persons designated as the committee of five on the	113
last-filed nominating petition of the township officer whose	114
vacancy is to be filled who are residents of the township shall	115
appoint a person having the qualifications of an elector to fill	116
the vacancy for the unexpired term or until a successor is	117
elected. If at least three of the committee members who are	118
residents of the township cannot be found, or if that number of	119
such members fails to make an appointment within ten days after	120
the thirty-day period in which the board of township trustees is	121
authorized to make an appointment, then the presiding probate	122
judge of the county shall appoint a suitable person having the	123
qualifications of an elector in the township to fill the vacancy	124
for the unexpired term or until a successor is elected.	125

If a vacancy occurs in a township elective office more than	126
~~fifty-six~~forty days before the next general election for	127
municipal and township officers a successor shall be chosen at	128
that election to fill the unexpired term, provided the term does	129
not expire within one year from the day of the election. If the	130
term expires within one year from the day of the next general	131
election for municipal and township officers, a successor	132
appointed pursuant to this section shall serve out the unexpired	133
term.	134

Sec. 733.31. (A) Unless otherwise provided by law, vacancies	135
arising in appointive and elective offices of villages shall be	136
filled by appointment by the mayor for the remainder of the	137
unexpired term, provided that:	138

(1) Vacancies in the office of mayor shall be filled in the	139
manner provided by section 733.25 of the Revised Code;	140

(2) Vacancies in the membership of the legislative authority	141
shall be filled in the manner provided by section 731.43 of the	142
Revised Code;	143

(3) Vacancies in the office of president pro tempore of a	144
village legislative authority shall be filled in the manner	145
provided by section 731.11 of the Revised Code.	146

In the event of a vacancy in the office of village clerk or	147
treasurer, the mayor may appoint a person to serve as an acting	148
officer to perform the duties of the office until a permanent	149
officer is appointed to fill the vacancy.	150

(B) Unless otherwise provided by law, vacancies arising in	151
appointive offices of cities shall be filled by appointment by the	152
mayor for the remainder of the unexpired term.	153

(C) A vacancy in the office of president of the legislative	154
authority of a city shall be filled in the same manner as provided	155
in division (D) of this section. Vacancies in the office of mayor	156
of a city shall be filled in the manner provided in section 733.08	157
of the Revised Code. Vacancies in the membership of the	158
legislative authority of a city shall be filled in the manner	159
provided in section 731.43 of the Revised Code.	160

(D) In case of the death, resignation, removal, or disability	161
of the director of law, auditor, or treasurer of a city and such	162
vacancy occurs more than ~~fifty-six~~forty days before the next	163
general election for such office, a successor shall be elected at	164
such election for the unexpired term unless such term expires	165
within one year immediately following the date of such general	166
election. In either event, the vacancy shall be filled as provided	167
in this section and the appointee shall hold office until a	168
successor is elected and qualified.	169

(1) The county central committee of the political party with	170
which the last occupant of the office was affiliated, acting	171
through its members who reside in the city where the vacancy	172
occurs, shall appoint a person to hold the office and to perform	173
the duties thereof until a successor is elected and has qualified,	174
except that if such vacancy occurs because of the death,	175
resignation, or inability to take the office of an officer-elect	176
whose term has not yet begun, an appointment to take such office	177
at the beginning of the term shall be made by the members of the	178
central committee who reside in the city where the vacancy occurs.	179

(2) Not less than five nor more than forty-five days after a	180
vacancy occurs, the county central committee, acting through its	181
members who reside in the city where the vacancy occurs, shall	182
meet for the purpose of making an appointment. Not less than four	183
days before the date of the meeting the chairperson or secretary	184
of the central committee shall send by first class mail to every	185
member of such central committee who resides in the city where the	186
vacancy occurs a written notice which shall state the time and	187
place of such meeting and the purpose thereof. A majority of the	188
members of the central committee present at such meeting may make	189
the appointment.	190

(E) If the last occupant of the office or the officer-elect,	191
as provided in division (D) of this section, was elected as an	192
independent candidate, the mayor of the city shall make the	193
appointment at the time the vacancy occurs.	194

(F) Appointments made under this section shall be certified	195
by the appointing county central committee or by the mayor of the	196
municipal corporation to the county board of elections and to the	197
secretary of state. The persons so appointed and certified shall	198
be entitled to all remuneration provided by law for the offices to	199
which they are appointed.	200

(G) The mayor of the city may appoint a person to hold the	201
city office of director of law, auditor, or treasurer as an acting	202
officer and to perform the duties thereof between the occurrence	203
of the vacancy and the time when the person appointed by the	204
central committee qualifies and takes the office.	205

Sec. 1901.10. (A)(1)(a) The judges of the municipal court	206
and officers of the court shall take an oath of office as provided	207
in section 3.23 of the Revised Code. The office of judge of the	208
municipal court is subject to forfeiture, and the judge may be	209
removed from office, for the causes and by the procedure provided	210
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the	211
office of judge exists upon the death, resignation, forfeiture,	212
removal from office, or absence from official duties for a period	213
of six consecutive months, as determined under this section, of	214
the judge and also by reason of the expiration of the term of an	215
incumbent when no successor has been elected or qualified. The	216
chief justice of the supreme court may designate a judge of	217
another municipal court to act until that vacancy is filled in	218
accordance with section 107.08 of the Revised Code. A vacancy	219
resulting from the absence of a judge from official duties for a	220
period of six consecutive months shall be determined and declared	221
by the legislative authority.	222

(b) If a vacancy occurs in the office of judge or clerk of	223
the municipal court after the one-hundredth day before the first	224
Tuesday after the first Monday in May and prior to the ~~fifty-sixth~~	225
fortieth day before the day of the general election, all	226
candidates for election to the unexpired term of the judge or	227
clerk shall file nominating petitions with the board of elections	228
not later than four p.m. on the tenth day following the day on	229
which the vacancy occurs, except that, when the vacancy occurs	230
fewer than ~~four~~six days before the ~~fifty-sixth~~fortieth day	231
before the general election, the deadline for filing shall be four	232
p.m. on the ~~fiftieth~~thirty-sixth day before the day of the	233
general election.	234

(c) Each nominating petition referred to in division	235
(A)(1)(b) of this section shall be in the form prescribed in	236
section 3513.261 of the Revised Code and shall be signed by at	237
least fifty qualified electors of the territory of the municipal	238
court. No nominating petition shall be accepted for filing or	239
filed if it appears on its face to contain signatures aggregating	240
in number more than twice the minimum aggregate number of	241
signatures required by this section.	242

(2) If a judge of a municipal court that has only one judge	243
is temporarily absent, incapacitated, or otherwise unavailable,	244
the judge may appoint a substitute who has the qualifications	245
required by section 1901.06 of the Revised Code or a retired judge	246
of a court of record who is a qualified elector and a resident of	247
the territory of the court. If the judge is unable to make the	248
appointment, the chief justice of the supreme court shall appoint	249
a substitute. The appointee shall serve during the absence,	250
incapacity, or unavailability of the incumbent, shall have the	251
jurisdiction and powers conferred upon the judge of the municipal	252
court, and shall be styled "acting judge." During that time of	253
service, the acting judge shall sign all process and records and	254
shall perform all acts pertaining to the office, except that of	255
removal and appointment of officers of the court. All courts shall	256
take judicial notice of the selection and powers of the acting	257
judge. The incumbent judge shall establish the amount of	258
compensation of an acting judge upon either a per diem, hourly, or	259
other basis, but the rate of pay shall not exceed the per diem	260
amount received by the incumbent judge.	261

(B) When the volume of cases pending in any municipal court	262
necessitates an additional judge, the chief justice of the supreme	263
court, upon the written request of the judge or presiding judge of	264
that municipal court, may designate a judge of another municipal	265
court or county court to serve for any period of time that the	266
chief justice may prescribe. The compensation of a judge so	267
designated shall be paid from the city treasury or, in the case of	268
a county-operated municipal court, from the county treasury. In	269
addition to the annual salary provided for in section 1901.11 of	270
the Revised Code and in addition to any compensation under	271
division (A)(5) or (6) of section 141.04 of the Revised Code to	272
which the judge is entitled in connection with the judge's own	273
court, a full-time or part-time judge while holding court outside	274
the judge's territory on the designation of the chief justice	275
shall receive actual and necessary expenses and compensation as	276
follows:	277

(1) A full-time judge shall receive thirty dollars for each	278
day of the assignment.	279

(2) A part-time judge shall receive for each day of the	280
assignment the per diem compensation of the judges of the court to	281
which the judge is assigned, less the per diem amount paid to	282
those judges pursuant to section 141.04 of the Revised Code,	283
calculated on the basis of two hundred fifty working days per	284
year.	285

If a request is made by a judge or the presiding judge of a	286
municipal court to designate a judge of another municipal court	287
because of the volume of cases in the court for which the request	288
is made and the chief justice reports, in writing, that no	289
municipal or county court judge is available to serve by	290
designation, the judges of the court requesting the designation	291
may appoint a substitute as provided in division (A)(2) of this	292
section, who may serve for any period of time that is prescribed	293
by the chief justice. The substitute judge shall be paid in the	294
same manner and at the same rate as the incumbent judges, except	295
that, if the substitute judge is entitled to compensation under	296
division (A)(5) or (6) of section 141.04 of the Revised Code, then	297
section 1901.121 of the Revised Code shall govern its payment.	298

Sec. 2301.02. The number of judges of the court of common	299
pleas for each county, the time for the next election of the	300
judges in the several counties, and the beginning of their terms	301
shall be as follows:	302

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	303
elected in 1956, term to begin February 9, 1957;	304

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	305
Ottawa, and Union counties, one judge, to be elected in 1954, term	306
to begin February 9, 1955;	307

In Auglaize county, one judge, to be elected in 1956, term to	308
begin January 9, 1957;	309

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	310
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	311
Wyandot counties, one judge, to be elected in 1956, term to begin	312
January 1, 1957;	313

In Morrow county, two judges, one to be elected in 1956, term	314
to begin January 1, 1957, and one to be elected in 2006, term to	315
begin January 1, 2007;	316

In Logan county, two judges, one to be elected in 1956, term	317
to begin January 1, 1957, and one to be elected in 2004, term to	318
begin January 2, 2005;	319

In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,	320
Shelby, Van Wert, and Williams counties, one judge, to be elected	321
in 1952, term to begin January 1, 1953;	322

In Champaign county, two judges, one to be elected in 1952,	323
term to begin January 1, 1953, and one to be elected in 2008, term	324
to begin February 10, 2009.;	325

In Harrison and Noble counties, one judge, to be elected in	326
1954, term to begin April 18, 1955;	327

In Henry county, two judges, one to be elected in 1956, term	328
to begin May 9, 1957, and one to be elected in 2004, term to begin	329
January 1, 2005;	330

In Putnam county, one judge, to be elected in 1956, term to	331
begin May 9, 1957;	332

In Huron county, one judge, to be elected in 1952, term to	333
begin May 14, 1953;	334

In Perry county, one judge, to be elected in 1954, term to	335
begin July 6, 1956;	336

In Sandusky county, two judges, one to be elected in 1954,	337
term to begin February 10, 1955, and one to be elected in 1978,	338
term to begin January 1, 1979;.	339

(B) In Allen county, three judges, one to be elected in 1956,	340
term to begin February 9, 1957, the second to be elected in 1958,	341
term to begin January 1, 1959, and the third to be elected in	342
1992, term to begin January 1, 1993;	343

In Ashtabula county, three judges, one to be elected in 1954,	344
term to begin February 9, 1955, one to be elected in 1960, term to	345
begin January 1, 1961, and one to be elected in 1978, term to	346
begin January 2, 1979;	347

In Athens county, two judges, one to be elected in 1954, term	348
to begin February 9, 1955, and one to be elected in 1990, term to	349
begin July 1, 1991;	350

In Erie county, four judges, one to be elected in 1956, term	351
to begin January 1, 1957, the second to be elected in 1970, term	352
to begin January 2, 1971, the third to be elected in 2004, term to	353
begin January 2, 2005, and the fourth to be elected in 2008, term	354
to begin February 9, 2009;	355

In Fairfield county, three judges, one to be elected in 1954,	356
term to begin February 9, 1955, the second to be elected in 1970,	357
term to begin January 1, 1971, and the third to be elected in	358
1994, term to begin January 2, 1995;	359

In Geauga county, two judges, one to be elected in 1956, term	360
to begin January 1, 1957, and the second to be elected in 1976,	361
term to begin January 6, 1977;	362

In Greene county, four judges, one to be elected in 1956,	363
term to begin February 9, 1957, the second to be elected in 1960,	364
term to begin January 1, 1961, the third to be elected in 1978,	365
term to begin January 2, 1979, and the fourth to be elected in	366
1994, term to begin January 1, 1995;	367

In Hancock county, two judges, one to be elected in 1952,	368
term to begin January 1, 1953, and the second to be elected in	369
1978, term to begin January 1, 1979;	370

In Lawrence county, two judges, one to be elected in 1954,	371
term to begin February 9, 1955, and the second to be elected in	372
1976, term to begin January 1, 1977;	373

In Marion county, three judges, one to be elected in 1952,	374
term to begin January 1, 1953, the second to be elected in 1976,	375
term to begin January 2, 1977, and the third to be elected in	376
1998, term to begin February 9, 1999;	377

In Medina county, three judges, one to be elected in 1956,	378
term to begin January 1, 1957, the second to be elected in 1966,	379
term to begin January 1, 1967, and the third to be elected in	380
1994, term to begin January 1, 1995;	381

In Miami county, two judges, one to be elected in 1954, term	382
to begin February 9, 1955, and one to be elected in 1970, term to	383
begin on January 1, 1971;	384

In Muskingum county, three judges, one to be elected in 1968,	385
term to begin August 9, 1969, one to be elected in 1978, term to	386
begin January 1, 1979, and one to be elected in 2002, term to	387
begin January 2, 2003;	388

In Portage county, three judges, one to be elected in 1956,	389
term to begin January 1, 1957, the second to be elected in 1960,	390
term to begin January 1, 1961, and the third to be elected in	391
1986, term to begin January 2, 1987;	392

In Ross county, two judges, one to be elected in 1956, term	393
to begin February 9, 1957, and the second to be elected in 1976,	394
term to begin January 1, 1977;	395

In Scioto county, three judges, one to be elected in 1954,	396
term to begin February 10, 1955, the second to be elected in 1960,	397
term to begin January 1, 1961, and the third to be elected in	398
1994, term to begin January 2, 1995;	399

In Seneca county, two judges, one to be elected in 1956, term	400
to begin January 1, 1957, and the second to be elected in 1986,	401
term to begin January 2, 1987;	402

In Warren county, four judges, one to be elected in 1954,	403
term to begin February 9, 1955, the second to be elected in 1970,	404
term to begin January 1, 1971, the third to be elected in 1986,	405
term to begin January 1, 1987, and the fourth to be elected in	406
2004, term to begin January 2, 2005;	407

In Washington county, two judges, one to be elected in 1952,	408
term to begin January 1, 1953, and one to be elected in 1986, term	409
to begin January 1, 1987;	410

In Wood county, three judges, one to be elected in 1968, term	411
beginning January 1, 1969, the second to be elected in 1970, term	412
to begin January 2, 1971, and the third to be elected in 1990,	413
term to begin January 1, 1991;	414

In Belmont and Jefferson counties, two judges, to be elected	415
in 1954, terms to begin January 1, 1955, and February 9, 1955,	416
respectively;	417

In Clark county, four judges, one to be elected in 1952, term	418
to begin January 1, 1953, the second to be elected in 1956, term	419
to begin January 2, 1957, the third to be elected in 1986, term to	420
begin January 3, 1987, and the fourth to be elected in 1994, term	421
to begin January 2, 1995.;	422

In Clermont county, five judges, one to be elected in 1956,	423
term to begin January 1, 1957, the second to be elected in 1964,	424
term to begin January 1, 1965, the third to be elected in 1982,	425
term to begin January 2, 1983, the fourth to be elected in 1986,	426
term to begin January 2, 1987;, and the fifth to be elected in	427
2006, term to begin January 3, 2007;	428

In Columbiana county, two judges, one to be elected in 1952,	429
term to begin January 1, 1953, and the second to be elected in	430
1956, term to begin January 1, 1957;	431

In Delaware county, two judges, one to be elected in 1990,	432
term to begin February 9, 1991, the second to be elected in 1994,	433
term to begin January 1, 1995;	434

In Lake county, six judges, one to be elected in 1958, term	435
to begin January 1, 1959, the second to be elected in 1960, term	436
to begin January 2, 1961, the third to be elected in 1964, term to	437
begin January 3, 1965, the fourth and fifth to be elected in 1978,	438
terms to begin January 4, 1979, and January 5, 1979, respectively,	439
and the sixth to be elected in 2000, term to begin January 6,	440
2001;	441

In Licking county, four judges, one to be elected in 1954,	442
term to begin February 9, 1955, one to be elected in 1964, term to	443
begin January 1, 1965, one to be elected in 1990, term to begin	444
January 1, 1991, and one to be elected in 2004, term to begin	445
January 1, 2005;	446

In Lorain county, nine judges, two to be elected in 1952,	447
terms to begin January 1, 1953, and January 2, 1953, respectively,	448
one to be elected in 1958, term to begin January 3, 1959, one to	449
be elected in 1968, term to begin January 1, 1969, two to be	450
elected in 1988, terms to begin January 4, 1989, and January 5,	451
1989, respectively, two to be elected in 1998, terms to begin	452
January 2, 1999, and January 3, 1999, respectively; and one to be	453
elected in 2006, term to begin January 6, 2007;	454

In Butler county, eleven judges, one to be elected in 1956,	455
term to begin January 1, 1957; two to be elected in 1954, terms to	456
begin January 1, 1955, and February 9, 1955, respectively; one to	457
be elected in 1968, term to begin January 2, 1969; one to be	458
elected in 1986, term to begin January 3, 1987; two to be elected	459
in 1988, terms to begin January 1, 1989, and January 2, 1989,	460
respectively; one to be elected in 1992, term to begin January 4,	461
1993; two to be elected in 2002, terms to begin January 2, 2003,	462
and January 3, 2003, respectively; and one to be elected in 2006,	463
term to begin January 3, 2007;	464

In Richland county, four judges, one to be elected in 1956,	465
term to begin January 1, 1957, the second to be elected in 1960,	466
term to begin February 9, 1961, the third to be elected in 1968,	467
term to begin January 2, 1969, and the fourth to be elected in	468
2004, term to begin January 3, 2005;	469

In Tuscarawas county, two judges, one to be elected in 1956,	470
term to begin January 1, 1957, and the second to be elected in	471
1960, term to begin January 2, 1961;	472

In Wayne county, two judges, one to be elected in 1956, term	473
beginning January 1, 1957, and one to be elected in 1968, term to	474
begin January 2, 1969;	475

In Trumbull county, six judges, one to be elected in 1952,	476
term to begin January 1, 1953, the second to be elected in 1954,	477
term to begin January 1, 1955, the third to be elected in 1956,	478
term to begin January 1, 1957, the fourth to be elected in 1964,	479
term to begin January 1, 1965, the fifth to be elected in 1976,	480
term to begin January 2, 1977, and the sixth to be elected in	481
1994, term to begin January 3, 1995;	482

(C) In Cuyahoga county, thirty-nine judges; eight to be	483
elected in 1954, terms to begin on successive days beginning from	484
January 1, 1955, to January 7, 1955, and February 9, 1955,	485
respectively; eight to be elected in 1956, terms to begin on	486
successive days beginning from January 1, 1957, to January 8,	487
1957; three to be elected in 1952, terms to begin from January 1,	488
1953, to January 3, 1953; two to be elected in 1960, terms to	489
begin on January 8, 1961, and January 9, 1961, respectively; two	490
to be elected in 1964, terms to begin January 4, 1965, and January	491
5, 1965, respectively; one to be elected in 1966, term to begin on	492
January 10, 1967; four to be elected in 1968, terms to begin on	493
successive days beginning from January 9, 1969, to January 12,	494
1969; two to be elected in 1974, terms to begin on January 18,	495
1975, and January 19, 1975, respectively; five to be elected in	496
1976, terms to begin on successive days beginning January 6, 1977,	497
to January 10, 1977; two to be elected in 1982, terms to begin	498
January 11, 1983, and January 12, 1983, respectively; and two to	499
be elected in 1986, terms to begin January 13, 1987, and January	500
14, 1987, respectively;	501

In Franklin county, twenty-two judges; two to be elected in	502
1954, terms to begin January 1, 1955, and February 9, 1955,	503
respectively; four to be elected in 1956, terms to begin January	504
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	505
begin January 1, 1959, to January 4, 1959; three to be elected in	506
1968, terms to begin January 5, 1969, to January 7, 1969; three to	507
be elected in 1976, terms to begin on successive days beginning	508
January 5, 1977, to January 7, 1977; one to be elected in 1982,	509
term to begin January 8, 1983; one to be elected in 1986, term to	510
begin January 9, 1987; two to be elected in 1990, terms to begin	511
July 1, 1991, and July 2, 1991, respectively; one to be elected in	512
1996, term to begin January 2, 1997; and one to be elected in	513
2004, term to begin July 1, 2005;	514

In Hamilton county, twenty-one judges; eight to be elected in	515
1966, terms to begin January 1, 1967, January 2, 1967, and from	516
February 9, 1967, to February 14, 1967, respectively; five to be	517
elected in 1956, terms to begin from January 1, 1957, to January	518
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	519
one to be elected in 1974, term to begin January 15, 1975; one to	520
be elected in 1980, term to begin January 16, 1981; two to be	521
elected at large in the general election in 1982, terms to begin	522
April 1, 1983; one to be elected in 1990, term to begin July 1,	523
1991; and two to be elected in 1996, terms to begin January 3,	524
1997, and January 4, 1997, respectively;	525

In Lucas county, fourteen judges; two to be elected in 1954,	526
terms to begin January 1, 1955, and February 9, 1955,	527
respectively; two to be elected in 1956, terms to begin January 1,	528
1957, and October 29, 1957, respectively; two to be elected in	529
1952, terms to begin January 1, 1953, and January 2, 1953,	530
respectively; one to be elected in 1964, term to begin January 3,	531
1965; one to be elected in 1968, term to begin January 4, 1969;	532
two to be elected in 1976, terms to begin January 4, 1977, and	533
January 5, 1977, respectively; one to be elected in 1982, term to	534
begin January 6, 1983; one to be elected in 1988, term to begin	535
January 7, 1989; one to be elected in 1990, term to begin January	536
2, 1991; and one to be elected in 1992, term to begin January 2,	537
1993;	538

In Mahoning county, seven judges; three to be elected in	539
1954, terms to begin January 1, 1955, January 2, 1955, and	540
February 9, 1955, respectively; one to be elected in 1956, term to	541
begin January 1, 1957; one to be elected in 1952, term to begin	542
January 1, 1953; one to be elected in 1968, term to begin January	543
2, 1969; and one to be elected in 1990, term to begin July 1,	544
1991;	545

In Montgomery county, fifteen judges; three to be elected in	546
1954, terms to begin January 1, 1955, January 2, 1955, and January	547
3, 1955, respectively; four to be elected in 1952, terms to begin	548
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	549
respectively; one to be elected in 1964, term to begin January 3,	550
1965; one to be elected in 1968, term to begin January 3, 1969;	551
three to be elected in 1976, terms to begin on successive days	552
beginning January 4, 1977, to January 6, 1977; two to be elected	553
in 1990, terms to begin July 1, 1991, and July 2, 1991,	554
respectively; and one to be elected in 1992, term to begin January	555
1, 1993.;	556

In Stark county, eight judges; one to be elected in 1958,	557
term to begin on January 2, 1959; two to be elected in 1954, terms	558
to begin on January 1, 1955, and February 9, 1955, respectively;	559
two to be elected in 1952, terms to begin January 1, 1953, and	560
April 16, 1953, respectively; one to be elected in 1966, term to	561
begin on January 4, 1967; and two to be elected in 1992, terms to	562
begin January 1, 1993, and January 2, 1993, respectively;	563

In Summit county, thirteen judges; four to be elected in	564
1954, terms to begin January 1, 1955, January 2, 1955, January 3,	565
1955, and February 9, 1955, respectively; three to be elected in	566
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,	567
1959, respectively; one to be elected in 1966, term to begin	568
January 4, 1967; one to be elected in 1968, term to begin January	569
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one	570
to be elected in 1992, term to begin January 6, 1993; and two to	571
be elected in 2008, terms to begin January 5, 2009, and January 6,	572
2009, respectively.	573

Notwithstanding the foregoing provisions, in any county	574
having two or more judges of the court of common pleas, in which	575
more than one-third of the judges plus one were previously elected	576
at the same election, if the office of one of those judges so	577
elected becomes vacant more than ~~fifty-six~~forty days prior to the	578
second general election preceding the expiration of that judge's	579
term, the office that that judge had filled shall be abolished as	580
of the date of the next general election, and a new office of	581
judge of the court of common pleas shall be created. The judge who	582
is to fill that new office shall be elected for a six-year term at	583
the next general election, and the term of that judge shall	584
commence on the first day of the year following that general	585
election, on which day no other judge's term begins, so that the	586
number of judges that the county shall elect shall not be reduced.	587

Judges of the probate division of the court of common pleas	588
are judges of the court of common pleas but shall be elected	589
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	590
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	591
counties in which the judge of the court of common pleas elected	592
pursuant to this section also shall serve as judge of the probate	593
division, except in Lorain county in which the judges of the	594
domestic relations division of the Lorain county court of common	595
pleas elected pursuant to this section also shall perform the	596
duties and functions of the judge of the probate division from	597
February 9, 2009, through September 28, 2009, and except in Morrow	598
county in which the judges of the court of common pleas elected	599
pursuant to this section also shall perform the duties and	600
functions of the judge of the probate division.	601

Sec. 3501.301. A contract involving a cost in excess of ~~ten~~	602
twenty-five thousand dollars for printing and furnishing the	603
supplies, other than the official ballots, required in section	604
3501.30 of the Revised Code, shall not be let until the board of	605
elections has caused notice to be published once in a newspaper of	606
general circulation within the county or upon notice given by	607
mail, addressed to the responsible suppliers within the state. The	608
board of elections may require that each bid be accompanied by a	609
bond, with at least two individual sureties, or a surety company,	610
satisfactory to the board, in a sum double the amount of the bid,	611
conditioned upon the faithful performance of the contract awarded	612
and for the payment as damages by such bidder to the board of any	613
excess of cost over the bid which it may be required to pay for	614
such work by reason of the failure of the bidder to complete the	615
contract. The contract shall be let to the lowest and best bidder.	616

Sec. 3501.302. The secretary of state may enter into	617
agreements for the bulk purchase of election supplies in order to	618
reduce the costs for such purchases by individual boards of	619
elections. A board of elections desiring to participate in such	620
purchase agreements shall file with the secretary of state a	621
written request for inclusion. A request for inclusion shall	622
include an agreement to be bound by such terms and conditions as	623
the secretary of state prescribes and to make direct payments to	624
the vendor under each purchase agreement.	625

Sec. 3501.38. All declarations of candidacy, nominating	626
petitions, or other petitions presented to or filed with the	627
secretary of state or a board of elections or with any other	628
public office for the purpose of becoming a candidate for any	629
nomination or office or for the holding of an election on any	630
issue shall, in addition to meeting the other specific	631
requirements prescribed in the sections of the Revised Code	632
relating to them, be governed by the following rules:	633

(A) Only electors qualified to vote on the candidacy or issue	634
which is the subject of the petition shall sign a petition. Each	635
signer shall be a registered elector pursuant to section ~~3503.11~~	636
3503.01 of the Revised Code. The facts of qualification shall be	637
determined as of the date when the petition is filed.	638

(B) Signatures shall be affixed in ink. Each signer may also	639
print the signer's name, so as to clearly identify the signer's	640
signature.	641

(C) Each signer shall place on the petition after the	642
signer's name the date of signing and the location of the signer's	643
voting residence, including the street and number if in a	644
municipal corporation or the rural route number, post office	645
address, or township if outside a municipal corporation. The	646
voting address given on the petition shall be the address	647
appearing in the registration records at the board of elections.	648

(D) Except as otherwise provided in section 3501.382 of the	649
Revised Code, no person shall write any name other than the	650
person's own on any petition. Except as otherwise provided in	651
section 3501.382 of the Revised Code, no person may authorize	652
another to sign for the person. If a petition contains the	653
signature of an elector two or more times, only the first	654
signature shall be counted.	655

(E)(1) On each petition paper, the circulator shall indicate	656
the number of signatures contained on it, and shall sign a	657
statement made under penalty of election falsification that the	658
circulator witnessed the affixing of every signature, that all	659
signers were to the best of the circulator's knowledge and belief	660
qualified to sign, and that every signature is to the best of the	661
circulator's knowledge and belief the signature of the person	662
whose signature it purports to be or of an attorney in fact acting	663
pursuant to section 3501.382 of the Revised Code. On the	664
circulator's statement for a declaration of candidacy or	665
nominating petition for a person seeking to become a statewide	666
candidate or for a statewide initiative or a statewide referendum	667
petition, the circulator shall identify the circulator's name, the	668
address of the circulator's permanent residence, and the name and	669
address of the person employing the circulator to circulate the	670
petition, if any.	671

(2) As used in division (E) of this section, "statewide	672
candidate" means the joint candidates for the offices of governor	673
and lieutenant governor or a candidate for the office of secretary	674
of state, auditor of state, treasurer of state, or attorney	675
general.	676

(F) Except as otherwise provided in section 3501.382 of the	677
Revised Code, if a circulator knowingly permits an unqualified	678
person to sign a petition paper or permits a person to write a	679
name other than the person's own on a petition paper, that	680
petition paper is invalid; otherwise, the signature of a person	681
not qualified to sign shall be rejected but shall not invalidate	682
the other valid signatures on the paper.	683

(G) The circulator of a petition may, before filing it in a	684
public office, strike from it any signature the circulator does	685
not wish to present as a part of the petition.	686

(H) Any signer of a petition or an attorney in fact acting	687
pursuant to section 3501.382 of the Revised Code on behalf of a	688
signer may remove the signer's signature from that petition at any	689
time before the petition is filed in a public office by striking	690
the signer's name from the petition; no signature may be removed	691
after the petition is filed in any public office.	692

(I)(1) No alterations, corrections, or additions may be made	693
to a petition after it is filed in a public office.	694

(2)(a) No declaration of candidacy, nominating petition, or	695
other petition for the purpose of becoming a candidate may be	696
withdrawn after it is filed in a public office. Nothing in this	697
division prohibits a person from withdrawing as a candidate as	698
otherwise provided by law.	699

(b) No petition presented to or filed with the secretary of	700
state, a board of elections, or any other public office for the	701
purpose of the holding of an election on any question or issue may	702
be resubmitted after it is withdrawn from a public office or	703
rejected as containing insufficient signatures. Nothing in this	704
division prevents a question or issue petition from being	705
withdrawn by the filing of a written notice of the withdrawal by a	706
majority of the members of the petitioning committee with the same	707
public office with which the petition was filed prior to the	708
sixtieth day before the election at which the question or issue is	709
scheduled to appear on the ballot.	710

(J) All declarations of candidacy, nominating petitions, or	711
other petitions under this section shall be accompanied by the	712
following statement in boldface capital letters: WHOEVER COMMITS	713
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	714

(K) All separate petition papers shall be filed at the same	715
time, as one instrument.	716

(L) If a board of elections distributes for use a petition	717
form for a declaration of candidacy, nominating petition, or any	718
type of question or issue petition that does not satisfy the	719
requirements of law as of the date of that distribution, the board	720
shall not invalidate the petition on the basis that the petition	721
form does not satisfy the requirements of law, if the petition	722
otherwise is valid. Division (L) of this section applies only if	723
the candidate received the petition from the board within ninety	724
days of when the petition is required to be filed.	725

Sec. 3503.06. (A) No person shall be entitled to vote at any	726
election, ~~or to sign or circulate any declaration of candidacy or~~	727
~~any nominating, or recall petition,~~ unless the person is	728
registered as an elector and will have resided in the county and	729
precinct where the person is registered for at least thirty days	730
at the time of the next election.	731

(B)~~(1)~~ No person shall be entitled to sign any petition,	732
unless the person is registered as an elector and resides in a	733
precinct in which the candidacy or issue that is the subject of	734
the petition will appear on the ballot.	735

(C)(1)(a) Except for a nominating petition for presidential	736
electors, no person shall be entitled to circulate any ~~initiative~~	737
~~or referendum~~ petition unless the person is a resident of this	738
state and is at least eighteen years of age.	739

(b) No person shall be entitled to circulate a nominating	740
petition for presidential electors unless the person is at least	741
eighteen years of age.	742

(2) All election officials, in determining the residence of a	743
person circulating a petition under division ~~(B)~~(C)(1) of this	744
section, shall be governed by the following rules:	745

(a) That place shall be considered the residence of a person	746
in which the person's habitation is fixed and to which, whenever	747
the person is absent, the person has the intention of returning.	748

(b) A person shall not be considered to have lost the	749
person's residence who leaves the person's home and goes into	750
another state for temporary purposes only, with the intention of	751
returning.	752

(c) A person shall not be considered to have gained a	753
residence in any county of this state into which the person comes	754
for temporary purposes only, without the intention of making that	755
county the permanent place of abode.	756

(d) If a person removes to another state with the intention	757
of making that state the person's residence, the person shall be	758
considered to have lost the person's residence in this state.	759

(e) Except as otherwise provided in division ~~(B)~~(C)(2)(f) of	760
this section, if a person removes from this state and continuously	761
resides outside this state for a period of four years or more, the	762
person shall be considered to have lost the person's residence in	763
this state, notwithstanding the fact that the person may entertain	764
an intention to return at some future period.	765

(f) If a person removes from this state to engage in the	766
services of the United States government, the person shall not be	767
considered to have lost the person's residence in this state	768
during the period of that service, and likewise should the person	769
enter the employment of the state, the place where that person	770
resided at the time of the person's removal shall be considered to	771
be the person's place of residence.	772

(g) If a person goes into another state and, while there,	773
exercises the right of a citizen by voting, the person shall be	774
considered to have lost the person's residence in this state.	775

~~(C) No person shall be entitled to sign any initiative or~~	776
~~referendum petition unless the person is registered as an elector~~	777
~~and will have resided in the county and precinct where the person~~	778
~~is registered for at least thirty days at the time of the next~~	779
~~election.~~	780

Sec. 3503.14. (A) The secretary of state shall prescribe the	781
form and content of the registration, change of residence, and	782
change of name forms used in this state. The forms shall meet the	783
requirements of the National Voter Registration Act of 1993 and	784
shall include spaces for all of the following:	785

(1) The voter's name;

786

(2) The voter's address;

787

(3) The current date;

788

(4) The voter's date of birth;

789

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

790

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

791

(b) The last four digits of the voter's social security	792
number, if any;	793

(c) A copy of a current and valid photo identification, a	794
copy of a military identification, or a copy of a current utility	795
bill, bank statement, government check, paycheck, or other	796
government document, other than ~~a notice of an election mailed by~~	797
~~a board of elections under section 3501.19 of the Revised Code or~~	798
a notice of voter registration mailed by a board of elections	799
under section 3503.19 of the Revised Code, that shows the voter's	800
name and address.	801

(6) The voter's signature.

802

The registration form shall include a space on which the	803
person registering an applicant shall sign the person's name and	804
provide the person's address and a space on which the person	805
registering an applicant shall name the employer who is employing	806
that person to register the applicant.	807

Except for forms prescribed by the secretary of state under	808
section 3503.11 of the Revised Code, the secretary of state shall	809
permit boards of elections to produce forms that have subdivided	810
spaces for each individual alphanumeric character of the	811
information provided by the voter so as to accommodate the	812
electronic reading and conversion of the voter's information to	813
data and the subsequent electronic transfer of that data to the	814
statewide voter registration database established under section	815
3503.15 of the Revised Code.	816

(B) None of the following persons who are registering an	817
applicant in the course of that official's or employee's normal	818
duties shall sign the person's name, provide the person's address,	819
or name the employer who is employing the person to register an	820
applicant on a form prepared under this section:	821

(1) An election official;

822

(2) A county treasurer;

823

(3) A deputy registrar of motor vehicles;

824

(4) An employee of a designated agency;

825

(5) An employee of a public high school;

826

(6) An employee of a public vocational school;

827

(7) An employee of a public library;

828

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

829

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

830

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

831

(11) An employee of an election official.

832

(C) Except as provided in section 3501.382 of the Revised	833
Code, any applicant who is unable to sign the applicant's own name	834
shall make an "X," if possible, which shall be certified by the	835
signing of the name of the applicant by the person filling out the	836
form, who shall add the person's own signature. If an applicant is	837
unable to make an "X," the applicant shall indicate in some manner	838
that the applicant desires to register to vote or to change the	839
applicant's name or residence. The person registering the	840
applicant shall sign the form and attest that the applicant	841
indicated that the applicant desired to register to vote or to	842
change the applicant's name or residence.	843

(D) No registration, change of residence, or change of name	844
form shall be rejected solely on the basis that a person	845
registering an applicant failed to sign the person's name or	846
failed to name the employer who is employing that person to	847
register the applicant as required under division (A) of this	848
section.	849

(E) As used in this section, "registering an applicant"	850
includes any effort, for compensation, to provide voter	851
registration forms or to assist persons in completing or returning	852
those forms.	853

Sec. 3503.16. (A) Whenever a registered elector changes the	854
place of residence of that registered elector from one precinct to	855
another within a county or from one county to another, or has a	856
change of name, that registered elector shall report the change by	857
delivering a change of residence or change of name form, whichever	858
is appropriate, as prescribed by the secretary of state under	859
section 3503.14 of the Revised Code to the state or local office	860
of a designated agency, a public high school or vocational school,	861
a public library, the office of the county treasurer, the office	862
of the secretary of state, any office of the registrar or deputy	863
registrar of motor vehicles, or any office of a board of elections	864
in person or by a third person. Any voter registration, change of	865
address, or change of name application, returned by mail, may be	866
sent only to the secretary of state or the board of elections.	867

A registered elector also may update the registration of that	868
registered elector by filing a change of residence or change of	869
name form on the day of a special, primary, or general election at	870
the polling place in the precinct in which that registered elector	871
resides or at the board of elections or at another site designated	872
by the board.	873

(B)(1)(a) Any registered elector who moves within a precinct	874
on or prior to the day of a general, primary, or special election	875
and has not filed a notice of change of residence with the board	876
of elections may vote in that election by going to that registered	877
elector's assigned polling place, completing and signing a notice	878
of change of residence, showing identification in the form of a	879
current and valid photo identification, a military identification,	880
or a copy of a current utility bill, bank statement, government	881
check, paycheck, or other government document, other than ~~a notice~~	882
~~of an election mailed by a board of elections under section~~	883
~~3501.19 of the Revised Code or~~ a notice of voter registration	884
mailed by a board of elections under section 3503.19 of the	885
Revised Code, that shows the name and current address of the	886
elector, and casting a ballot. If the elector provides either a	887
driver's license or a state identification card issued under	888
section 4507.50 of the Revised Code that does not contain the	889
elector's current residence address, the elector shall provide the	890
last four digits of the elector's driver's license number or state	891
identification card number, and the precinct election official	892
shall mark the poll list or signature pollbook to indicate that	893
the elector has provided a driver's license or state	894
identification card number with a former address and record the	895
last four digits of the elector's driver's license number or state	896
identification card number.	897

(b) Any registered elector who changes the name of that	898
registered elector and remains within a precinct on or prior to	899
the day of a general, primary, or special election and has not	900
filed a notice of change of name with the board of elections may	901
vote in that election by going to that registered elector's	902
assigned polling place, completing and signing a notice of a	903
change of name, and casting a provisional ballot under section	904
3505.181 of the Revised Code.	905

(2) Any registered elector who moves from one precinct to	906
another within a county or moves from one precinct to another and	907
changes the name of that registered elector on or prior to the day	908
of a general, primary, or special election and has not filed a	909
notice of change of residence or change of name, whichever is	910
appropriate, with the board of elections may vote in that election	911
if that registered elector complies with division (G) of this	912
section or does all of the following:	913

(a) Appears at anytime during regular business hours on or	914
after the twenty-eighth day prior to the election in which that	915
registered elector wishes to vote or, if the election is held on	916
the day of a presidential primary election, the twenty-fifth day	917
prior to the election, through noon of the Saturday prior to the	918
election at the office of the board of elections, appears at any	919
time during regular business hours on the Monday prior to the	920
election at the office of the board of elections, or appears on	921
the day of the election at either of the following locations:	922

(i) The polling place in the precinct in which that	923
registered elector resides;	924

(ii) The office of the board of elections or, if pursuant to	925
division (C) of section 3501.10 of the Revised Code the board has	926
designated another location in the county at which registered	927
electors may vote, at that other location instead of the office of	928
the board of elections.	929

(b) Completes and signs, under penalty of election	930
falsification, a notice of change of residence or change of name,	931
whichever is appropriate, and files it with election officials at	932
the polling place, at the office of the board of elections, or, if	933
pursuant to division (C) of section 3501.10 of the Revised Code	934
the board has designated another location in the county at which	935
registered electors may vote, at that other location instead of	936
the office of the board of elections, whichever is appropriate;	937

(c) Votes a provisional ballot under section 3505.181 of the	938
Revised Code at the polling place, at the office of the board of	939
elections, or, if pursuant to division (C) of section 3501.10 of	940
the Revised Code the board has designated another location in the	941
county at which registered electors may vote, at that other	942
location instead of the office of the board of elections,	943
whichever is appropriate, using the address to which that	944
registered elector has moved or the name of that registered	945
elector as changed, whichever is appropriate;	946

(d) Completes and signs, under penalty of election	947
falsification, a statement attesting that that registered elector	948
moved or had a change of name, whichever is appropriate, on or	949
prior to the day of the election, has voted a provisional ballot	950
at the polling place in the precinct in which that registered	951
elector resides, at the office of the board of elections, or, if	952
pursuant to division (C) of section 3501.10 of the Revised Code	953
the board has designated another location in the county at which	954
registered electors may vote, at that other location instead of	955
the office of the board of elections, whichever is appropriate,	956
and will not vote or attempt to vote at any other location for	957
that particular election. The statement required under division	958
(B)(2)(d) of this section shall be included on the notice of	959
change of residence or change of name, whichever is appropriate,	960
required under division (B)(2)(b) of this section.	961

(C) Any registered elector who moves from one county to	962
another county within the state on or prior to the day of a	963
general, primary, or special election and has not registered to	964
vote in the county to which that registered elector moved may vote	965
in that election if that registered elector complies with division	966
(G) of this section or does all of the following:	967

(1) Appears at any time during regular business hours on or	968
after the twenty-eighth day prior to the election in which that	969
registered elector wishes to vote or, if the election is held on	970
the day of a presidential primary election, the twenty-fifth day	971
prior to the election, through noon of the Saturday prior to the	972
election at the office of the board of elections or, if pursuant	973
to division (C) of section 3501.10 of the Revised Code the board	974
has designated another location in the county at which registered	975
electors may vote, at that other location instead of the office of	976
the board of elections, appears during regular business hours on	977
the Monday prior to 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, or	982
appears on the day of the election at the office of the board of	983
elections or, if pursuant to division (C) of section 3501.10 of	984
the Revised Code the board has designated another location in the	985
county at which registered electors may vote, at that other	986
location instead of the office of the board of elections;	987

(2) Completes and signs, under penalty of election	988
falsification, a notice of change of residence and files it with	989
election officials at the board of elections or, if pursuant to	990
division (C) of section 3501.10 of the Revised Code the board has	991
designated another location in the county at which registered	992
electors may vote, at that other location instead of the office of	993
the board of elections;	994

(3) Votes a provisional ballot under section 3505.181 of the	995
Revised Code at the office of the board of elections or, if	996
pursuant to division (C) of section 3501.10 of the Revised Code	997
the board has designated another location in the county at which	998
registered electors may vote, at that other location instead of	999
the office of the board of elections, using the address to which	1000
that registered elector has moved;	1001

(4) Completes and signs, under penalty of election	1002
falsification, a statement attesting that that registered elector	1003
has moved from one county to another county within the state on or	1004
prior to the day of the election, has voted at the office of the	1005
board of elections or, if pursuant to division (C) of section	1006
3501.10 of the Revised Code the board has designated another	1007
location in the county at which registered electors may vote, at	1008
that other location instead of the office of the board of	1009
elections, and will not vote or attempt to vote at any other	1010
location for that particular election. The statement required	1011
under division (C)(4) of this section shall be included on the	1012
notice of change of residence required under division (C)(2) of	1013
this section.	1014

(D) A person who votes by absent voter's ballots pursuant to	1015
division (G) of this section shall not make written application	1016
for the ballots pursuant to Chapter 3509. of the Revised Code.	1017
Ballots cast pursuant to division (G) of this section shall be set	1018
aside in a special envelope and counted during the official	1019
canvass of votes in the manner provided for in sections 3505.32	1020
and 3509.06 of the Revised Code insofar as that manner is	1021
applicable. The board shall examine the pollbooks to verify that	1022
no ballot was cast at the polls or by absent voter's ballots under	1023
Chapter 3509. or 3511. of the Revised Code by an elector who has	1024
voted by absent voter's ballots pursuant to division (G) of this	1025
section. Any ballot determined to be insufficient for any of the	1026
reasons stated above or stated in section 3509.07 of the Revised	1027
Code shall not be counted.	1028

Subject to division (C) of section 3501.10 of the Revised	1029
Code, a board of elections may lease or otherwise acquire a site	1030
different from the office of the board at which registered	1031
electors may vote pursuant to division (B) or (C) of this section.	1032

(E) Upon receiving a change of residence or change of name	1033
form, the board of elections shall immediately send the registrant	1034
an acknowledgment notice. If the change of residence or change of	1035
name form is valid, the board shall update the voter's	1036
registration as appropriate. If that form is incomplete, the board	1037
shall inform the registrant in the acknowledgment notice specified	1038
in this division of the information necessary to complete or	1039
update that registrant's registration.	1040

(F) Change of residence and change of name forms shall be	1041
available at each polling place, and when these forms are	1042
completed, noting changes of residence or name, as appropriate,	1043
they shall be filed with election officials at the polling place.	1044
Election officials shall return completed forms, together with the	1045
pollbooks and tally sheets, to the board of elections.	1046

The board of elections shall provide change of residence and	1047
change of name forms to the probate court and court of common	1048
pleas. The court shall provide the forms to any person eighteen	1049
years of age or older who has a change of name by order of the	1050
court or who applies for a marriage license. The court shall	1051
forward all completed forms to the board of elections within five	1052
days after receiving them.	1053

(G) A registered elector who otherwise would qualify to vote	1054
under division (B) or (C) of this section but is unable to appear	1055
at the office of the board of elections or, if pursuant to	1056
division (C) of section 3501.10 of the Revised Code the board has	1057
designated another location in the county at which registered	1058
electors may vote, at that other location, on account of personal	1059
illness, physical disability, or infirmity, may vote on the day of	1060
the election if that registered elector does all of the following:	1061

(1) Makes a written application that includes all of the	1062
information required under section 3509.03 of the Revised Code to	1063
the appropriate board for an absent voter's ballot on or after the	1064
twenty-seventh day prior to the election in which the registered	1065
elector wishes to vote through noon of the Saturday prior to that	1066
election and requests that the absent voter's ballot be sent to	1067
the address to which the registered elector has moved if the	1068
registered elector has moved, or to the address of that registered	1069
elector who has not moved but has had a change of name;	1070

(2) Declares that the registered elector has moved or had a	1071
change of name, whichever is appropriate, and otherwise is	1072
qualified to vote under the circumstances described in division	1073
(B) or (C) of this section, whichever is appropriate, but that the	1074
registered elector is unable to appear at the board of elections	1075
because of personal illness, physical disability, or infirmity;	1076

(3) Completes and returns along with the completed absent	1077
voter's ballot a notice of change of residence indicating the	1078
address to which the registered elector has moved, or a notice of	1079
change of name, whichever is appropriate;	1080

(4) Completes and signs, under penalty of election	1081
falsification, a statement attesting that the registered elector	1082
has moved or had a change of name on or prior to the day before	1083
the election, has voted by absent voter's ballot because of	1084
personal illness, physical disability, or infirmity that prevented	1085
the registered elector from appearing at the board of elections,	1086
and will not vote or attempt to vote at any other location or by	1087
absent voter's ballot mailed to any other location or address for	1088
that particular election.	1089

Sec. 3503.19. (A) Persons qualified to register or to change	1090
their registration because of a change of address or change of	1091
name may register or change their registration in person at any	1092
state or local office of a designated agency, at the office of the	1093
registrar or any deputy registrar of motor vehicles, at a public	1094
high school or vocational school, at a public library, at the	1095
office of a county treasurer, or at a branch office established by	1096
the board of elections, or in person, through another person, or	1097
by mail at the office of the secretary of state or at the office	1098
of a board of elections. A registered elector may also change the	1099
elector's registration on election day at any polling place where	1100
the elector is eligible to vote, in the manner provided under	1101
section 3503.16 of the Revised Code.	1102

Any state or local office of a designated agency, the office	1103
of the registrar or any deputy registrar of motor vehicles, a	1104
public high school or vocational school, a public library, or the	1105
office of a county treasurer shall transmit any voter registration	1106
application or change of registration form that it receives to the	1107
board of elections of the county in which the state or local	1108
office is located, within five days after receiving the voter	1109
registration application or change of registration form.	1110

An otherwise valid voter registration application that is	1111
returned to the appropriate office other than by mail must be	1112
received by a state or local office of a designated agency, the	1113
office of the registrar or any deputy registrar of motor vehicles,	1114
a public high school or vocational school, a public library, the	1115
office of a county treasurer, the office of the secretary of	1116
state, or the office of a board of elections no later than the	1117
thirtieth day preceding a primary, special, or general election	1118
for the person to qualify as an elector eligible to vote at that	1119
election. An otherwise valid registration application received	1120
after that day entitles the elector to vote at all subsequent	1121
elections.	1122

Any state or local office of a designated agency, the office	1123
of the registrar or any deputy registrar of motor vehicles, a	1124
public high school or vocational school, a public library, or the	1125
office of a county treasurer shall date stamp a registration	1126
application or change of name or change of address form it	1127
receives using a date stamp that does not disclose the identity of	1128
the state or local office that receives the registration.	1129

Voter registration applications, if otherwise valid, that are	1130
returned by mail to the office of the secretary of state or to the	1131
office of a board of elections must be postmarked no later than	1132
the thirtieth day preceding a primary, special, or general	1133
election in order for the person to qualify as an elector eligible	1134
to vote at that election. If an otherwise valid voter registration	1135
application that is returned by mail does not bear a postmark or a	1136
legible postmark, the registration shall be valid for that	1137
election if received by the office of the secretary of state or	1138
the office of a board of elections no later than twenty-five days	1139
preceding any special, primary, or general election.	1140

(B)(1) Any person may apply in person, by telephone, by mail,	1141
or through another person for voter registration forms to the	1142
office of the secretary of state or the office of a board of	1143
elections. An individual who is eligible to vote as a uniformed	1144
services voter or an overseas voter in accordance with 42 U.S.C.	1145
1973ff-6 also may apply for voter registration forms by electronic	1146
means to the office of the secretary of state or to the board of	1147
elections of the county in which the person's voting residence is	1148
located pursuant to section 3503.191 of the Revised Code.	1149

(2)(a) An applicant may return the applicant's completed	1150
registration form in person or by mail to any state or local	1151
office of a designated agency, to a public high school or	1152
vocational school, to a public library, to the office of a county	1153
treasurer, to the office of the secretary of state, or to the	1154
office of a board of elections. An applicant who is eligible to	1155
vote as a uniformed services voter or an overseas voter in	1156
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's	1157
completed voter registration form electronically to the office of	1158
the secretary of state or to the board of elections of the county	1159
in which the person's voting residence is located pursuant to	1160
section 3503.191 of the Revised Code.	1161

(b) Subject to division (B)(2)(c) of this section, an	1162
applicant may return the applicant's completed registration form	1163
through another person to any board of elections or the office of	1164
the secretary of state.	1165

(c) A person who receives compensation for registering a	1166
voter shall return any registration form entrusted to that person	1167
by an applicant to any board of elections or to the office of the	1168
secretary of state.	1169

(d) If a board of elections or the office of the secretary of	1170
state receives a registration form under division (B)(2)(b) or (c)	1171
of this section before the thirtieth day before an election, the	1172
board or the office of the secretary of state, as applicable,	1173
shall forward the registration to the board of elections of the	1174
county in which the applicant is seeking to register to vote	1175
within ten days after receiving the application. If a board of	1176
elections or the office of the secretary of state receives a	1177
registration form under division (B)(2)(b) or (c) of this section	1178
on or after the thirtieth day before an election, the board or the	1179
office of the secretary of state, as applicable, shall forward the	1180
registration to the board of elections of the county in which the	1181
applicant is seeking to register to vote within thirty days after	1182
that election.	1183

(C)(1) A board of elections that receives a voter	1184
registration application and is satisfied as to the truth of the	1185
statements made in the registration form shall register the	1186
applicant not later than twenty business days after receiving the	1187
application, unless that application is received during the thirty	1188
days immediately preceding the day of an election. The board shall	1189
promptly notify the applicant in writing of each of the following:	1190

(a) The applicant's registration;

1191

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

1192

1193

"Voters must bring identification to the polls in order to	1194
verify identity. Identification may include a current and valid	1195
photo identification, a military identification, or a copy of a	1196
current utility bill, bank statement, government check, paycheck,	1197
or other government document, other than this notification ~~or a~~	1198
~~notification of an election mailed by a board of elections~~, that	1199
shows the voter's name and current address. Voters who do not	1200
provide one of these documents will still be able to vote by	1201
casting a provisional ballot. Voters who do not have any of the	1202
above forms of identification, including a social security number,	1203
will still be able to vote by signing an affirmation swearing to	1204
the voter's identity under penalty of election falsification and	1205
by casting a provisional ballot."	1206

The notification shall be by nonforwardable mail. If the mail	1207
is returned to the board, it shall investigate and cause the	1208
notification to be delivered to the correct address.	1209

(2) If, after investigating as required under division (C)(1)	1210
of this section, the board is unable to verify the voter's correct	1211
address, it shall cause the voter's name in the official	1212
registration list and in the poll list or signature pollbook to be	1213
marked to indicate that the voter's notification was returned to	1214
the board.	1215

At the first election at which a voter whose name has been so	1216
marked appears to vote, the voter shall be required to provide	1217
identification to the election officials and to vote by	1218
provisional ballot under section 3505.181 of the Revised Code. If	1219
the provisional ballot is counted pursuant to division (B)(3) of	1220
section 3505.183 of the Revised Code, the board shall correct that	1221
voter's registration, if needed, and shall remove the indication	1222
that the voter's notification was returned from that voter's name	1223
on the official registration list and on the poll list or	1224
signature pollbook. If the provisional ballot is not counted	1225
pursuant to division (B)(4)(a)(i), (v), or (vi) of section	1226
3505.183 of the Revised Code, the voter's registration shall be	1227
canceled. The board shall notify the voter by United States mail	1228
of the cancellation.	1229

(3) If a notice of the disposition of an otherwise valid	1230
registration application is sent by nonforwardable mail and is	1231
returned undelivered, the person shall be registered as provided	1232
in division (C)(2) of this section and sent a confirmation notice	1233
by forwardable mail. If the person fails to respond to the	1234
confirmation notice, update the person's registration, or vote by	1235
provisional ballot as provided in division (C)(2) of this section	1236
in any election during the period of two federal elections	1237
subsequent to the mailing of the confirmation notice, the person's	1238
registration shall be canceled.	1239

Sec. 3503.28. (A) The secretary of state shall develop an	1240
information brochure regarding voter registration. The brochure	1241
shall include, but is not limited to, all of the following	1242
information:	1243

(1) The applicable deadlines for registering to vote or for	1244
returning an applicant's completed registration form;	1245

(2) The applicable deadline for returning an applicant's	1246
completed registration form if the person returning the form is	1247
being compensated for registering voters;	1248

(3) The locations to which a person may return an applicant's	1249
completed registration form;	1250

(4) The location to which a person who is compensated for	1251
registering voters may return an applicant's completed	1252
registration form;	1253

(5) The registration and affirmation requirements applicable	1254
to persons who are compensated for registering voters under	1255
section 3503.29 of the Revised Code;	1256

(6) A notice, which shall be written in bold type, stating as	1257
follows:	1258

"Voters must bring identification to the polls in order to	1259
verify identity. Identification may include a current and valid	1260
photo identification, a military identification, or a copy of a	1261
current utility bill, bank statement, government check, paycheck,	1262
or other government document, other than ~~a notice of an election~~	1263
or a voter registration notification sent by a board of elections,	1264
that shows the voter's name and current address. Voters who do not	1265
provide one of these documents will still be able to vote by	1266
casting a provisional ballot. Voters who do not have any of the	1267
above forms of identification, including a social security number,	1268
will still be able to vote by signing an affirmation swearing to	1269
the voter's identity under penalty of election falsification and	1270
by casting a provisional ballot."	1271

(B) Except as otherwise provided in division (D) of this	1272
section, a board of elections, designated agency, public high	1273
school, public vocational school, public library, office of a	1274
county treasurer, or deputy registrar of motor vehicles shall	1275
distribute a copy of the brochure developed under division (A) of	1276
this section to any person who requests more than two voter	1277
registration forms at one time.	1278

(C)(1) The secretary of state shall provide the information	1279
required to be included in the brochure developed under division	1280
(A) of this section to any person who prints a voter registration	1281
form that is made available on a web site of the office of the	1282
secretary of state.	1283

(2) If a board of elections operates and maintains a web	1284
site, the board shall provide the information required to be	1285
included in the brochure developed under division (A) of this	1286
section to any person who prints a voter registration form that is	1287
made available on that web site.	1288

(D) A board of elections shall not be required to distribute	1289
a copy of a brochure under division (B) of this section to any of	1290
the following officials or employees who are requesting more than	1291
two voter registration forms at one time in the course of the	1292
official's or employee's normal duties:	1293

(1) An election official;

1294

(2) A county treasurer;

1295

(3) A deputy registrar of motor vehicles;

1296

(4) An employee of a designated agency;

1297

(5) An employee of a public high school;

1298

(6) An employee of a public vocational school;

1299

(7) An employee of a public library;

1300

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

1301

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

1302

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

1303

(11) An employee of an election official.

1304

(E) As used in this section, "registering voters" includes	1305
any effort, for compensation, to provide voter registration forms	1306
or to assist persons in completing or returning those forms.	1307

Sec. 3505.13. A contract for the printing of ballots	1308
involving a cost in excess of ~~ten~~twenty-five thousand dollars	1309
shall not be let until after five days' notice published once in a	1310
newspaper of general circulation published in the county or upon	1311
notice given by mail by the board of elections, addressed to the	1312
responsible printing offices within the state. Except as otherwise	1313
provided in this section, each bid for such printing must be	1314
accompanied by a bond with at least two sureties, or a surety	1315
company, satisfactory to the board, in a sum double the amount of	1316
the bid, conditioned upon the faithful performance of the contract	1317
for such printing as is awarded and for the payment as damages by	1318
such bidder to the board of any excess of cost over the bid which	1319
it may be obliged to pay for such work by reason of the failure of	1320
the bidder to complete the contract. No bid unaccompanied by such	1321
bond shall be considered by the board. The board may, however,	1322
waive the requirement that each bid be accompanied by a bond if	1323
the cost of the contract is ~~ten~~twenty-five thousand dollars or	1324
less. The contract shall be let to the lowest responsible bidder	1325
in the state. All ballots shall be printed within the state.	1326

Sec. 3505.18. (A)(1) When an elector appears in a polling	1327
place to vote, the elector shall announce to the precinct election	1328
officials the elector's full name and current address and provide	1329
proof of the elector's identity in the form of a current and valid	1330
photo identification, a military identification, or a copy of a	1331
current utility bill, bank statement, government check, paycheck,	1332
or other government document, other than ~~a notice of an election~~	1333
~~mailed by a board of elections under section 3501.19 of the~~	1334
~~Revised Code or~~ a notice of voter registration mailed by a board	1335
of elections under section 3503.19 of the Revised Code, that shows	1336
the name and current address of the elector. If the elector	1337
provides either a driver's license or a state identification card	1338
issued under section 4507.50 of the Revised Code that does not	1339
contain the elector's current residence address, the elector shall	1340
provide the last four digits of the elector's driver's license	1341
number or state identification card number, and the precinct	1342
election official shall mark the poll list or signature pollbook	1343
to indicate that the elector has provided a driver's license or	1344
state identification card number with a former address and record	1345
the last four digits of the elector's driver's license number or	1346
state identification card number.	1347

(2) If an elector has but is unable to provide to the	1348
precinct election officials any of the forms of identification	1349
required under division (A)(1) of this section, but has a social	1350
security number, the elector may provide the last four digits of	1351
the elector's social security number. Upon providing the social	1352
security number information, the elector may cast a provisional	1353
ballot under section 3505.181 of the Revised Code, the envelope of	1354
which ballot shall include that social security number	1355
information.	1356

(3) If an elector has but is unable to provide to the	1357
precinct election officials any of the forms of identification	1358
required under division (A)(1) of this section and if the elector	1359
has a social security number but is unable to provide the last	1360
four digits of the elector's social security number, the elector	1361
may cast a provisional ballot under section 3505.181 of the	1362
Revised Code.	1363

(4) If an elector does not have any of the forms of	1364
identification required under division (A)(1) of this section and	1365
cannot provide the last four digits of the elector's social	1366
security number because the elector does not have a social	1367
security number, the elector may execute an affirmation under	1368
penalty of election falsification that the elector cannot provide	1369
the identification required under that division or the last four	1370
digits of the elector's social security number for those reasons.	1371
Upon signing the affirmation, the elector may cast a provisional	1372
ballot under section 3505.181 of the Revised Code. The secretary	1373
of state shall prescribe the form of the affirmation, which shall	1374
include spaces for all of the following:	1375

(a) The elector's name;

1376

(b) The elector's address;

1377

1378

(d) The elector's date of birth;

1379

(e) The elector's signature.

1380

(5) If an elector does not have any of the forms of	1381
identification required under division (A)(1) of this section and	1382
cannot provide the last four digits of the elector's social	1383
security number because the elector does not have a social	1384
security number, and if the elector declines to execute an	1385
affirmation under division (A)(4) of this section, the elector may	1386
cast a provisional ballot under section 3505.181 of the Revised	1387
Code, the envelope of which ballot shall include the elector's	1388
name.	1389

(6) If an elector has but declines to provide to the precinct	1390
election officials any of the forms of identification required	1391
under division (A)(1) of this section or the elector has a social	1392
security number but declines to provide to the precinct election	1393
officials the last four digits of the elector's social security	1394
number, the elector may cast a provisional ballot under section	1395
3505.181 of the Revised Code.	1396

(B) After the elector has announced the elector's full name	1397
and current address and provided any of the forms of	1398
identification required under division (A)(1) of this section, the	1399
elector shall write the elector's name and address at the proper	1400
place in the poll list or signature pollbook provided for the	1401
purpose, except that if, for any reason, an elector is unable to	1402
write the elector's name and current address in the poll list or	1403
signature pollbook, the elector may make the elector's mark at the	1404
place intended for the elector's name, and a precinct election	1405
official shall write the name of the elector at the proper place	1406
on the poll list or signature pollbook following the elector's	1407
mark. The making of such a mark shall be attested by the precinct	1408
election official, who shall evidence the same by signing the	1409
precinct election official's name on the poll list or signature	1410
pollbook as a witness to the mark. Alternatively, if applicable,	1411
an attorney in fact acting pursuant to section 3501.382 of the	1412
Revised Code may sign the elector's signature in the poll list or	1413
signature pollbook in accordance with that section.	1414

The elector's signature in the poll list or signature	1415
pollbook then shall be compared with the elector's signature on	1416
the elector's registration form or a digitized signature list as	1417
provided for in section 3503.13 of the Revised Code, and if, in	1418
the opinion of a majority of the precinct election officials, the	1419
signatures are the signatures of the same person, the election	1420
officials shall enter the date of the election on the registration	1421
form or shall record the date by other means prescribed by the	1422
secretary of state. The validity of an attorney in fact's	1423
signature on behalf of an elector shall be determined in	1424
accordance with section 3501.382 of the Revised Code.	1425

If the right of the elector to vote is not then challenged,	1426
or, if being challenged, the elector establishes the elector's	1427
right to vote, the elector shall be allowed to proceed to use the	1428
voting machine. If voting machines are not being used in that	1429
precinct, the judge in charge of ballots shall then detach the	1430
next ballots to be issued to the elector from Stub B attached to	1431
each ballot, leaving Stub A attached to each ballot, hand the	1432
ballots to the elector, and call the elector's name and the stub	1433
number on each of the ballots. The judge shall enter the stub	1434
numbers opposite the signature of the elector in the pollbook. The	1435
elector shall then retire to one of the voting compartments to	1436
mark the elector's ballots. No mark shall be made on any ballot	1437
which would in any way enable any person to identify the person	1438
who voted the ballot.	1439

Sec. 3505.181. (A) All of the following individuals shall be	1440
permitted to cast a provisional ballot at an election:	1441

(1) An individual who declares that the individual is a	1442
registered voter in the jurisdiction in which the individual	1443
desires to vote and that the individual is eligible to vote in an	1444
election, but the name of the individual does not appear on the	1445
official list of eligible voters for the polling place or an	1446
election official asserts that the individual is not eligible to	1447
vote;	1448

(2) An individual who has a social security number and	1449
provides to the election officials the last four digits of the	1450
individual's social security number as permitted by division	1451
(A)(2) of section 3505.18 of the Revised Code;	1452

(3) An individual who has but is unable to provide to the	1453
election officials any of the forms of identification required	1454
under division (A)(1) of section 3505.18 of the Revised Code and	1455
who has a social security number but is unable to provide the last	1456
four digits of the individual's social security number as	1457
permitted under division (A)(2) of that section;	1458

(4) An individual who does not have any of the forms of	1459
identification required under division (A)(1) of section 3505.18	1460
of the Revised Code, who cannot provide the last four digits of	1461
the individual's social security number under division (A)(2) of	1462
that section because the individual does not have a social	1463
security number, and who has executed an affirmation as permitted	1464
under division (A)(4) of that section;	1465

(5) An individual whose name in the poll list or signature	1466
pollbook has been marked under section 3509.09 or 3511.13 of the	1467
Revised Code as having requested an absent voter's ballot or an	1468
armed service absent voter's ballot for that election and who	1469
appears to vote at the polling place;	1470

(6) An individual whose notification of registration has been	1471
returned undelivered to the board of elections and whose name in	1472
the official registration list and in the poll list or signature	1473
pollbook has been marked under division (C)(2) of section 3503.19	1474
of the Revised Code;	1475

(7) An individual who is challenged under section 3505.20 of	1476
the Revised Code and the election officials determine that the	1477
person is ineligible to vote or are unable to determine the	1478
person's eligibility to vote;	1479

(8) An individual whose application or challenge hearing has	1480
been postponed until after the day of the election under division	1481
(D)(1) of section 3503.24 of the Revised Code;	1482

(9) An individual who changes the individual's name and	1483
remains within the precinct, moves from one precinct to another	1484
within a county, moves from one precinct to another and changes	1485
the individual's name, or moves from one county to another within	1486
the state, and completes and signs the required forms and	1487
statements under division (B) or (C) of section 3503.16 of the	1488
Revised Code;	1489

(10) An individual whose signature, in the opinion of the	1490
precinct officers under section 3505.22 of the Revised Code, is	1491
not that of the person who signed that name in the registration	1492
forms;	1493

(11) An individual who is challenged under section 3513.20 of	1494
the Revised Code who refuses to make the statement required under	1495
that section or who a majority of the precinct officials find	1496
lacks any of the qualifications to make the individual a qualified	1497
elector;	1498

(12) An individual who does not have any of the forms of	1499
identification required under division (A)(1) of section 3505.18	1500
of the Revised Code, who cannot provide the last four digits of	1501
the individual's social security number under division (A)(2) of	1502
that section because the person does not have a social security	1503
number, and who declines to execute an affirmation as permitted	1504
under division (A)(4) of that section;	1505

(13) An individual who has but declines to provide to the	1506
precinct election officials any of the forms of identification	1507
required under division (A)(1) of section 3501.18 of the Revised	1508
Code or who has a social security number but declines to provide	1509
to the precinct election officials the last four digits of the	1510
individual's social security number.	1511

(B) An individual who is eligible to cast a provisional	1512
ballot under division (A) of this section shall be permitted to	1513
cast a provisional ballot as follows:	1514

(1) An election official at the polling place shall notify	1515
the individual that the individual may cast a provisional ballot	1516
in that election.	1517

(2) The individual shall be permitted to cast a provisional	1518
ballot at that polling place upon the execution of a written	1519
affirmation by the individual before an election official at the	1520
polling place stating that the individual is both of the	1521
following:	1522

(a) A registered voter in the jurisdiction in which the	1523
individual desires to vote;	1524

(b) Eligible to vote in that election.

1525

(3) An election official at the polling place shall transmit	1526
the ballot cast by the individual, the voter information contained	1527
in the written affirmation executed by the individual under	1528
division (B)(2) of this section, or the individual's name if the	1529
individual declines to execute such an affirmation to an	1530
appropriate local election official for verification under	1531
division (B)(4) of this section.	1532

(4) If the appropriate local election official to whom the	1533
ballot or voter or address information is transmitted under	1534
division (B)(3) of this section determines that the individual is	1535
eligible to vote, the individual's provisional ballot shall be	1536
counted as a vote in that election.	1537

(5)(a) At the time that an individual casts a provisional	1538
ballot, the appropriate local election official shall give the	1539
individual written information that states that any individual who	1540
casts a provisional ballot will be able to ascertain under the	1541
system established under division (B)(5)(b) of this section	1542
whether the vote was counted, and, if the vote was not counted,	1543
the reason that the vote was not counted.	1544

(b) The appropriate state or local election official shall	1545
establish a free access system, in the form of a toll-free	1546
telephone number, that any individual who casts a provisional	1547
ballot may access to discover whether the vote of that individual	1548
was counted, and, if the vote was not counted, the reason that the	1549
vote was not counted. The free access system established under	1550
this division also shall provide to an individual whose	1551
provisional ballot was not counted information explaining how that	1552
individual may contact the board of elections to register to vote	1553
or to resolve problems with the individual's voter registration.	1554

The appropriate state or local election official shall	1555
establish and maintain reasonable procedures necessary to protect	1556
the security, confidentiality, and integrity of personal	1557
information collected, stored, or otherwise used by the free	1558
access system established under this division. Access to	1559
information about an individual ballot shall be restricted to the	1560
individual who cast the ballot.	1561

(6) If, at the time that an individual casts a provisional	1562
ballot, the individual provides identification in the form of a	1563
current and valid photo identification, a military identification,	1564
or a copy of a current utility bill, bank statement, government	1565
check, paycheck, or other government document, other than ~~a notice~~	1566
~~of an election mailed by a board of elections under section~~	1567
~~3501.19 of the Revised Code or~~ a notice of voter registration	1568
mailed by a board of elections under section 3503.19 of the	1569
Revised Code, that shows the individual's name and current	1570
address, or provides the last four digits of the individual's	1571
social security number, or executes an affirmation that the	1572
elector does not have any of those forms of identification or the	1573
last four digits of the individual's social security number	1574
because the individual does not have a social security number, or	1575
declines to execute such an affirmation, the appropriate local	1576
election official shall record the type of identification	1577
provided, the social security number information, the fact that	1578
the affirmation was executed, or the fact that the individual	1579
declined to execute such an affirmation and include that	1580
information with the transmission of the ballot or voter or	1581
address information under division (B)(3) of this section. If the	1582
individual declines to execute such an affirmation, the	1583
appropriate local election official shall record the individual's	1584
name and include that information with the transmission of the	1585
ballot under division (B)(3) of this section.	1586

(7) If an individual casts a provisional ballot pursuant to	1587
division (A)(3), (7), (8), (12), or (13) of this section, the	1588
election official shall indicate, on the provisional ballot	1589
verification statement required under section 3505.182 of the	1590
Revised Code, that the individual is required to provide	1591
additional information to the board of elections or that an	1592
application or challenge hearing has been postponed with respect	1593
to the individual, such that additional information is required	1594
for the board of elections to determine the eligibility of the	1595
individual who cast the provisional ballot.	1596

(8) During the ten days after the day of an election, an	1597
individual who casts a provisional ballot pursuant to division	1598
(A)(3), (7), (12), or (13) of this section shall appear at the	1599
office of the board of elections and provide to the board any	1600
additional information necessary to determine the eligibility of	1601
the individual who cast the provisional ballot.	1602

(a) For a provisional ballot cast pursuant to division	1603
(A)(3), (12), or (13) of this section to be eligible to be	1604
counted, the individual who cast that ballot, within ten days	1605
after the day of the election, shall do any of the following:	1606

(i) Provide to the board of elections proof of the	1607
individual's identity in the form of a current and valid photo	1608
identification, a military identification, or a copy of a current	1609
utility bill, bank statement, government check, paycheck, or other	1610
government document, other than ~~a notice of an election mailed by~~	1611
~~a board of elections under section 3501.19 of the Revised Code or~~	1612
a notice of voter registration mailed by a board of elections	1613
under section 3503.19 of the Revised Code, that shows the	1614
individual's name and current address;	1615

(ii) Provide to the board of elections the last four digits	1616
of the individual's social security number;	1617

(iii) In the case of a provisional ballot executed pursuant	1618
to division (A)(12) of this section, execute an affirmation as	1619
permitted under division (A)(4) of section 3505.18 of the Revised	1620
Code.	1621

(b) For a provisional ballot cast pursuant to division (A)(7)	1622
of this section to be eligible to be counted, the individual who	1623
cast that ballot, within ten days after the day of that election,	1624
shall provide to the board of elections any identification or	1625
other documentation required to be provided by the applicable	1626
challenge questions asked of that individual under section 3505.20	1627
of the Revised Code.	1628

(C)(1) If an individual declares that the individual is	1629
eligible to vote in a jurisdiction other than the jurisdiction in	1630
which the individual desires to vote, or if, upon review of the	1631
precinct voting location guide using the residential street	1632
address provided by the individual, an election official at the	1633
polling place at which the individual desires to vote determines	1634
that the individual is not eligible to vote in that jurisdiction,	1635
the election official shall direct the individual to the polling	1636
place for the jurisdiction in which the individual appears to be	1637
eligible to vote, explain that the individual may cast a	1638
provisional ballot at the current location but the ballot will not	1639
be counted if it is cast in the wrong precinct, and provide the	1640
telephone number of the board of elections in case the individual	1641
has additional questions.	1642

(2) If the individual refuses to travel to the polling place	1643
for the correct jurisdiction or to the office of the board of	1644
elections to cast a ballot, the individual shall be permitted to	1645
vote a provisional ballot at that jurisdiction in accordance with	1646
division (B) of this section. If any of the following apply, the	1647
provisional ballot cast by that individual shall not be opened or	1648
counted:	1649

(a) The individual is not properly registered in that	1650
jurisdiction.	1651

(b) The individual is not eligible to vote in that election	1652
in that jurisdiction.	1653

(c) The individual's eligibility to vote in that jurisdiction	1654
in that election cannot be established upon examination of the	1655
records on file with the board of elections.	1656

(D) The appropriate local election official shall cause	1657
voting information to be publicly posted at each polling place on	1658
the day of each election.	1659

(E) As used in this section and sections 3505.182 and	1660
3505.183 of the Revised Code:	1661

(1) "Jurisdiction" means the precinct in which a person is a	1662
legally qualified elector.	1663

(2) "Precinct voting location guide" means either of the	1664
following:	1665

(a) An electronic or paper record that lists the correct	1666
jurisdiction and polling place for either each specific	1667
residential street address in the county or the range of	1668
residential street addresses located in each neighborhood block in	1669
the county;	1670

(b) Any other method that a board of elections creates that	1671
allows a precinct election official or any elector who is at a	1672
polling place in that county to determine the correct jurisdiction	1673
and polling place of any qualified elector who resides in the	1674
county.	1675

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

1676

(a) A sample version of the ballot that will be used for that	1677
election;	1678

(b) Information regarding the date of the election and the	1679
hours during which polling places will be open;	1680

(c) Instructions on how to vote, including how to cast a vote	1681
and how to cast a provisional ballot;	1682

(d) Instructions for mail-in registrants and first-time	1683
voters under applicable federal and state laws;	1684

(e) General information on voting rights under applicable	1685
federal and state laws, including information on the right of an	1686
individual to cast a provisional ballot and instructions on how to	1687
contact the appropriate officials if these rights are alleged to	1688
have been violated;	1689

(f) General information on federal and state laws regarding	1690
prohibitions against acts of fraud and misrepresentation.	1691

Sec. 3505.182. Each individual who casts a provisional	1692
ballot under section 3505.181 of the Revised Code shall execute a	1693
written affirmation. The form of the written affirmation shall be	1694
printed upon the face of the provisional ballot envelope and shall	1695
be substantially as follows:	1696

"Provisional Ballot Affirmation	1697

STATE OF OHIO	1698

I, .................... (Name of provisional voter), solemnly	1699
swear or affirm that I am a registered voter in the jurisdiction	1700
in which I am voting this provisional ballot and that I am	1701
eligible to vote in the election in which I am voting this	1702
provisional ballot.	1703

I understand that, if the above-provided information is not	1704
fully completed and correct, if the board of elections determines	1705
that I am not registered to vote, a resident of this precinct, or	1706
eligible to vote in this election, or if the board of elections	1707
determines that I have already voted in this election, my	1708
provisional ballot will not be counted. I further understand that	1709
knowingly providing false information is a violation of law and	1710
subjects me to possible criminal prosecution.	1711

I hereby declare, under penalty of election falsification,	1712
that the above statements are true and correct to the best of my	1713
knowledge and belief.	1714

			1715
	(Signature of Voter)		1716
			1717
	(Voter's date of birth)		1718

	The last four digits of the voter's social security number		1719
			1720
	(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)		1721

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	1722
OF THE FIFTH DEGREE.	1723

Additional Information For Determining Ballot Validity	1724

(May be completed at voter's discretion)	1725

Voter's current address:				1726
Voter's former address if photo identification does not contain voter's current address				1727
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number				1728
(Please circle number type)				1729
(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.)				1730
Reason for voting provisional ballot (Check one):				1731
..... Requested, but did not receive, absent voter's ballot				1732
..... Other				1733

Verification Statement	1734

(To be completed by election official)	1735

The Provisional Ballot Affirmation printed above was	1736
subscribed and affirmed before me this .......... day of	1737
.......... (Month), .......... (Year).	1738

(If applicable, the election official must check the	1739
following true statement concerning additional information needed	1740
to determine the eligibility of the provisional voter.)	1741

...... The provisional voter is required to provide	1742
additional information to the board of elections.	1743

...... An application or challenge hearing regarding this	1744
voter has been postponed until after the election.	1745

(The election official must check the following true	1746
statement concerning identification provided by the provisional	1747
voter, if any.)	1748

...... The provisional voter provided a current and valid	1749
photo identification.	1750

...... The provisional voter provided a current valid photo	1751
identification, other than a driver's license or a state	1752
identification card, with the voter's former address instead of	1753
current address and has provided the election official both the	1754
current and former addresses.	1755

...... The provisional voter provided a military	1756
identification or a copy of a current utility bill, bank	1757
statement, government check, paycheck, or other government	1758
document, other than ~~a notice of an election mailed by a board of~~	1759
~~elections under section 3501.19 of the Revised Code or~~ a notice of	1760
voter registration mailed by a board of elections under section	1761
3503.19 of the Revised Code, with the voter's name and current	1762
address.	1763

...... The provisional voter provided the last four digits of	1764
the voter's social security number.	1765

...... The provisional voter is not able to provide a current	1766
and valid photo identification, a military identification, or a	1767
copy of a current utility bill, bank statement, government check,	1768
paycheck, or other government document, other than ~~a notice of an~~	1769
~~election mailed by a board of elections under section 3501.19 of~~	1770
~~the Revised Code or~~ a notice of voter registration mailed by a	1771
board of elections under section 3503.19 of the Revised Code, with	1772
the voter's name and current address but does have one of these	1773
forms of identification. The provisional voter must provide one of	1774
the foregoing items of identification to the board of elections	1775
within ten days after the election.	1776

..... The provisional voter is not able to provide a current	1777
and valid photo identification, a military identification, or a	1778
copy of a current utility bill, bank statement, government check,	1779
paycheck, or other government document, other than ~~a notice of an~~	1780
~~election mailed by a board of elections under section 3501.19 of~~	1781
~~the Revised Code or~~ a notice of voter registration mailed by a	1782
board of elections under section 3503.19 of the Revised Code, with	1783
the voter's name and current address but does have one of these	1784
forms of identification. Additionally, the provisional voter does	1785
have a social security number but is not able to provide the last	1786
four digits of the voter's social security number before voting.	1787
The provisional voter must provide one of the foregoing items of	1788
identification or the last four digits of the voter's social	1789
security number to the board of elections within ten days after	1790
the election.	1791

..... The provisional voter does not have a current and valid	1792
photo identification, a military identification, a copy of a	1793
current utility bill, bank statement, government check, paycheck,	1794
or other government document with the voter's name and current	1795
address, or a social security number, but has executed an	1796
affirmation.	1797

..... The provisional voter does not have a current and valid	1798
photo identification, a military identification, a copy of a	1799
current utility bill, bank statement, government check, paycheck,	1800
or other government document with the voter's name and current	1801
address, or a social security number, and has declined to execute	1802
an affirmation.	1803

..... The provisional voter declined to provide a current and	1804
valid photo identification, a military identification, a copy of a	1805
current utility bill, bank statement, government check, paycheck,	1806
or other government document with the voter's name and current	1807
address, or the last four digits of the voter's social security	1808
number but does have one of these forms of identification or a	1809
social security number. The provisional voter must provide one of	1810
the foregoing items of identification or the last four digits of	1811
the voter's social security number to the board of elections	1812
within ten days after the election.	1813

			1814
	(Signature of Election Official)"		1815

In addition to any information required to be included on the	1816
written affirmation, an individual casting a provisional ballot	1817
may provide additional information to the election official to	1818
assist the board of elections in determining the individual's	1819
eligibility to vote in that election, including the date and	1820
location at which the individual registered to vote, if known.	1821

If the individual declines to execute the affirmation, an	1822
appropriate local election official shall comply with division	1823
(B)(6) of section 3505.181 of the Revised Code.	1824

Sec. 3505.183. (A) When the ballot boxes are delivered to	1825
the board of elections from the precincts, the board shall	1826
separate the provisional ballot envelopes from the rest of the	1827
ballots. Teams of employees of the board consisting of one member	1828
of each major political party shall place the sealed provisional	1829
ballot envelopes in a secure location within the office of the	1830
board. The sealed provisional ballot envelopes shall remain in	1831
that secure location until the validity of those ballots is	1832
determined under division (B) of this section. While the	1833
provisional ballot is stored in that secure location, and prior to	1834
the counting of the provisional ballots, if the board receives	1835
information regarding the validity of a specific provisional	1836
ballot under division (B) of this section, the board may note, on	1837
the sealed provisional ballot envelope for that ballot, whether	1838
the ballot is valid and entitled to be counted.	1839

(B)(1) To determine whether a provisional ballot is valid and	1840
entitled to be counted, the board shall examine its records and	1841
determine whether the individual who cast the provisional ballot	1842
is registered and eligible to vote in the applicable election. The	1843
board shall examine the information contained in the written	1844
affirmation executed by the individual who cast the provisional	1845
ballot under division (B)(2) of section 3505.181 of the Revised	1846
Code. If the individual declines to execute such an affirmation,	1847
the individual's name, written by either the individual or the	1848
election official at the direction of the individual, shall be	1849
included in a written affirmation in order for the provisional	1850
ballot to be eligible to be counted; otherwise, the following	1851
information shall be included in the written affirmation in order	1852
for the provisional ballot to be eligible to be counted:	1853

(a) The individual's name and signature;

1854

(b) A statement that the individual is a registered voter in	1855
the jurisdiction in which the provisional ballot is being voted;	1856

(c) A statement that the individual is eligible to vote in	1857
the election in which the provisional ballot is being voted.	1858

(2) In addition to the information required to be included in	1859
an affirmation under division (B)(1) of this section, in	1860
determining whether a provisional ballot is valid and entitled to	1861
be counted, the board also shall examine any additional	1862
information for determining ballot validity provided by the	1863
provisional voter on the affirmation, provided by the provisional	1864
voter to an election official under section 3505.182 of the	1865
Revised Code, or provided to the board of elections during the ten	1866
days after the day of the election under division (B)(8) of	1867
section 3505.181 of the Revised Code, to assist the board in	1868
determining the individual's eligibility to vote.	1869

(3) If, in examining a provisional ballot affirmation and	1870
additional information under divisions (B)(1) and (2) of this	1871
section and comparing the information required under division	1872
(B)(1) of this section with the elector's information in the	1873
statewide voter registration database, the board determines that	1874
all of the following apply, the provisional ballot envelope shall	1875
be opened, and the ballot shall be placed in a ballot box to be	1876
counted:	1877

(a) The individual named on the affirmation is properly	1878
registered to vote.	1879

(b) The individual named on the affirmation is eligible to	1880
cast a ballot in the precinct and for the election in which the	1881
individual cast the provisional ballot.	1882

(c) The individual provided all of the information required	1883
under division (B)(1) of this section in the affirmation that the	1884
individual executed at the time the individual cast the	1885
provisional ballot.	1886

(d) The last four digits of the elector's social security	1887
number or the elector's driver's license number or state	1888
identification number are not different from the last four digits	1889
of the elector's social security number or the elector's driver's	1890
license number or state identification number contained in the	1891
statewide voter registration database.	1892

(e) If applicable, the individual provided any additional	1893
information required under division (B)(8) of section 3505.181 of	1894
the Revised Code within ten days after the day of the election.	1895

(f) If applicable, the hearing conducted under division (B)	1896
of section 3503.24 of the Revised Code after the day of the	1897
election resulted in the individual's inclusion in the official	1898
registration list.	1899

(4)(a) If, in examining a provisional ballot affirmation and	1900
additional information under divisions (B)(1) and (2) of this	1901
section and comparing the information required under division	1902
(B)(1) of this section with the elector's information in the	1903
statewide voter registration database, the board determines that	1904
any of the following applies, the provisional ballot envelope	1905
shall not be opened, and the ballot shall not be counted:	1906

(i) The individual named on the affirmation is not qualified	1907
or is not properly registered to vote.	1908

(ii) The individual named on the affirmation is not eligible	1909
to cast a ballot in the precinct or for the election in which the	1910
individual cast the provisional ballot.	1911

(iii) The individual did not provide all of the information	1912
required under division (B)(1) of this section in the affirmation	1913
that the individual executed at the time the individual cast the	1914
provisional ballot.	1915

(iv) The individual has already cast a ballot for the	1916
election in which the individual cast the provisional ballot.	1917

(v) If applicable, the individual did not provide any	1918
additional information required under division (B)(8) of section	1919
3505.181 of the Revised Code within ten days after the day of the	1920
election.	1921

(vi) If applicable, the hearing conducted under division (B)	1922
of section 3503.24 of the Revised Code after the day of the	1923
election did not result in the individual's inclusion in the	1924
official registration list.	1925

(vii) The individual failed to provide a current and valid	1926
photo identification, a military identification, a copy of a	1927
current utility bill, bank statement, government check, paycheck,	1928
or other government document, other than ~~a notice of an election~~	1929
~~mailed by a board of elections under section 3501.19 of the~~	1930
~~Revised Code or~~ a notice of voter registration mailed by a board	1931
of elections under section 3503.19 of the Revised Code, with the	1932
voter's name and current address, or the last four digits of the	1933
individual's social security number or to execute an affirmation	1934
under division (A) of section 3505.18 or division (B) of section	1935
3505.181 of the Revised Code.	1936

(viii) The last four digits of the elector's social security	1937
number or the elector's driver's license number or state	1938
identification number are different from the last four digits of	1939
the elector's social security number or the elector's driver's	1940
license number or state identification number contained in the	1941
statewide voter registration database.	1942

(b) If, in examining a provisional ballot affirmation and	1943
additional information under divisions (B)(1) and (2) of this	1944
section and comparing the information required under division	1945
(B)(1) of this section with the elector's information in the	1946
statewide voter registration database, the board is unable to	1947
determine either of the following, the provisional ballot envelope	1948
shall not be opened, and the ballot shall not be counted:	1949

(i) Whether the individual named on the affirmation is	1950
qualified or properly registered to vote;	1951

(ii) Whether the individual named on the affirmation is	1952
eligible to cast a ballot in the precinct or for the election in	1953
which the individual cast the provisional ballot.	1954

(C)(1) For each provisional ballot rejected under division	1955
(B)(4) of this section, the board shall record the name of the	1956
provisional voter who cast the ballot, the identification number	1957
of the provisional ballot envelope, the names of the election	1958
officials who determined the validity of that ballot, the date and	1959
time that the determination was made, and the reason that the	1960
ballot was not counted.	1961

(2) Provisional ballots that are rejected under division	1962
(B)(4) of this section shall not be counted but shall be preserved	1963
in their provisional ballot envelopes unopened until the time	1964
provided by section 3505.31 of the Revised Code for the	1965
destruction of all other ballots used at the election for which	1966
ballots were provided, at which time they shall be destroyed.	1967

(D) Provisional ballots that the board determines are	1968
eligible to be counted under division (B)(3) of this section shall	1969
be counted in the same manner as provided for other ballots under	1970
section 3505.27 of the Revised Code. No provisional ballots shall	1971
be counted in a particular county until the board determines the	1972
eligibility to be counted of all provisional ballots cast in that	1973
county under division (B) of this section for that election.	1974
Observers, as provided in section 3505.21 of the Revised Code, may	1975
be present at all times that the board is determining the	1976
eligibility of provisional ballots to be counted and counting	1977
those provisional ballots determined to be eligible. No person	1978
shall recklessly disclose the count or any portion of the count of	1979
provisional ballots in such a manner as to jeopardize the secrecy	1980
of any individual ballot.	1981

(E)(1) Except as otherwise provided in division (E)(2) of	1982
this section, nothing in this section shall prevent a board of	1983
elections from examining provisional ballot affirmations and	1984
additional information under divisions (B)(1) and (2) of this	1985
section to determine the eligibility of provisional ballots to be	1986
counted during the ten days after the day of an election.	1987

(2) A board of elections shall not examine the provisional	1988
ballot affirmation and additional information under divisions	1989
(B)(1) and (2) of this section of any provisional ballot for which	1990
an election official has indicated under division (B)(7) of	1991
section 3505.181 of the Revised Code that additional information	1992
is required for the board of elections to determine the	1993
eligibility of the individual who cast that provisional ballot	1994
until the individual provides any information required under	1995
division (B)(8) of section 3505.181 of the Revised Code, until any	1996
hearing required to be conducted under section 3503.24 of the	1997
Revised Code with regard to the provisional voter is held, or	1998
until the eleventh day after the day of the election, whichever is	1999
earlier.	2000

Sec. 3509.03. Except as provided in division (B) of section	2001
3509.08 of the Revised Code, any qualified elector desiring to	2002
vote absent voter's ballots at an election shall make written	2003
application for those ballots to the director of elections of the	2004
county in which the elector's voting residence is located. The	2005
application need not be in any particular form but shall contain	2006
all of the following:	2007

(A) The elector's name;

2008

(B) The elector's signature;

2009

2010

(D) The elector's date of birth;

2011

(E) One of the following:

2012

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

2013

(2) The last four digits of the elector's social security	2014
number;	2015

(3) A copy of the elector's current and valid photo	2016
identification, a copy of a military identification, or a copy of	2017
a current utility bill, bank statement, government check,	2018
paycheck, or other government document, other than ~~a notice of an~~	2019
~~election mailed by a board of elections under section 3501.19 of~~	2020
~~the Revised Code or~~ a notice of voter registration mailed by a	2021
board of elections under section 3503.19 of the Revised Code, that	2022
shows the name and address of the elector.	2023

(F) A statement identifying the election for which absent	2024
voter's ballots are requested;	2025

(G) A statement that the person requesting the ballots is a	2026
qualified elector;	2027

(H) If the request is for primary election ballots, the	2028
elector's party affiliation;	2029

(I) If the elector desires ballots to be mailed to the	2030
elector, the address to which those ballots shall be mailed.	2031

Each application for absent voter's ballots shall be	2032
delivered to the director not earlier than the first day of	2033
January of the year of the elections for which the absent voter's	2034
ballots are requested or not earlier than ninety days before the	2035
day of the election at which the ballots are to be voted,	2036
whichever is earlier, and not later than twelve noon of the third	2037
day before the day of the election at which the ballots are to be	2038
voted, or not later than six p.m. on the ~~the~~ last Friday before	2039
the day of the election at which the ballots are to be voted if	2040
the application is delivered in person to the office of the board.	2041

Sec. 3509.04. (A) If a director of a board of elections	2042
receives an application for absent voter's ballots that does not	2043
contain all of the required information, the director promptly	2044
shall notify the applicant of the additional information required	2045
to be provided by the applicant to complete that application.	2046

(B) Upon receipt by the director of elections of an	2047
application for absent voter's ballots that contains all of the	2048
required information, as provided by section 3509.03 and division	2049
(G) of section 3503.16 of the Revised Code, the director, if the	2050
director finds that the applicant is a qualified elector, shall	2051
deliver to the applicant in person or mail directly to the	2052
applicant by special delivery mail, air mail, or regular mail,	2053
postage prepaid, proper absent voter's ballots. The director shall	2054
deliver or mail with the ballots an unsealed identification	2055
envelope upon the face of which shall be printed a form	2056
substantially as follows:	2057

"Identification Envelope Statement of Voter	2058

I, ........................(Name of voter), declare under	2059
penalty of election falsification that the within ballot or	2060
ballots contained no voting marks of any kind when I received	2061
them, and I caused the ballot or ballots to be marked, enclosed in	2062
the identification envelope, and sealed in that envelope.	2063

My voting residence in Ohio is

2064

...................................................................	2065

(Street and Number, if any, or Rural Route and Number)	2066

of ................................ (City, Village, or Township)	2067
Ohio, which is in Ward ............... Precinct ................	2068
in that city, village, or township.	2069

The primary election ballots, if any, within this envelope	2070
are primary election ballots of the ............. Party.	2071

Ballots contained within this envelope are to be voted at the	2072
.......... (general, special, or primary) election to be held on	2073
the .......................... day of ......................, ....	2074

My date of birth is ............... (Month and Day),	2075
.......... (Year).	2076

(Voter must provide one of the following:)

2077

My driver's license number is ............... (Driver's	2078
license number).	2079

The last four digits of my Social Security Number are	2080
............... (Last four digits of Social Security Number).	2081

...... In lieu of providing a driver's license number or the	2082
last four digits of my Social Security Number, I am enclosing a	2083
copy of one of the following in the return envelope in which this	2084
identification envelope will be mailed: a current and valid photo	2085
identification, a military identification, or a current utility	2086
bill, bank statement, government check, paycheck, or other	2087
government document, other than ~~a notice of an election mailed by~~	2088
~~a board of elections under section 3501.19 of the Revised Code or~~	2089
a notice of voter registration mailed by a board of elections,	2090
that shows my name and address.	2091

I hereby declare, under penalty of election falsification,	2092
that the statements above are true, as I verily believe.	2093

			2094
	(Signature of Voter)		2095

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	2096
THE FIFTH DEGREE."	2097

The director shall mail with the ballots and the unsealed	2098
identification envelope an unsealed return envelope upon the face	2099
of which shall be printed the official title and post-office	2100
address of the director. In the upper left corner on the face of	2101
the return envelope, several blank lines shall be printed upon	2102
which the voter may write the voter's name and return address. The	2103
return envelope shall be of such size that the identification	2104
envelope can be conveniently placed within it for returning the	2105
identification envelope to the director.	2106

Sec. 3509.05. (A) When an elector receives an absent voter's	2107
ballot pursuant to the elector's application or request, the	2108
elector shall, before placing any marks on the ballot, note	2109
whether there are any voting marks on it. If there are any voting	2110
marks, the ballot shall be returned immediately to the board of	2111
elections; otherwise, the elector shall cause the ballot to be	2112
marked, folded in a manner that the stub on it and the	2113
indorsements and facsimile signatures of the members of the board	2114
of elections on the back of it are visible, and placed and sealed	2115
within the identification envelope received from the director of	2116
elections for that purpose. Then, the elector shall cause the	2117
statement of voter on the outside of the identification envelope	2118
to be completed and signed, under penalty of election	2119
falsification.	2120

If the elector does not provide the elector's driver's	2121
license number or the last four digits of the elector's social	2122
security number on the statement of voter on the identification	2123
envelope, the elector also shall include in the return envelope	2124
with the identification envelope a copy of the elector's current	2125
valid photo identification, a copy of a military identification,	2126
or a copy of a current utility bill, bank statement, government	2127
check, paycheck, or other government document, other than ~~a notice~~	2128
~~of an election mailed by a board of elections under section~~	2129
~~3501.19 of the Revised Code or~~ a notice of voter registration	2130
mailed by a board of elections under section 3503.19 of the	2131
Revised Code, that shows the name and address of the elector.	2132

The elector shall mail the identification envelope to the	2133
director from whom it was received in the return envelope, postage	2134
prepaid, or the elector may personally deliver it to the director,	2135
or the spouse of the elector, the father, mother, father-in-law,	2136
mother-in-law, grandfather, grandmother, brother, or sister of the	2137
whole or half blood, or the son, daughter, adopting parent,	2138
adopted child, stepparent, stepchild, uncle, aunt, nephew, or	2139
niece of the elector may deliver it to the director. The return	2140
envelope shall be transmitted to the director in no other manner,	2141
except as provided in section 3509.08 of the Revised Code.	2142

When absent voter's ballots are delivered to an elector at	2143
the office of the board, the elector may retire to a voting	2144
compartment provided by the board and there mark the ballots.	2145
Thereupon, the elector shall fold them, place them in the	2146
identification envelope provided, seal the envelope, fill in and	2147
sign the statement on the envelope under penalty of election	2148
falsification, and deliver the envelope to the director of the	2149
board.	2150

Except as otherwise provided in division (B) of this section,	2151
all other envelopes containing marked absent voter's ballots shall	2152
be delivered to the director not later than the close of the polls	2153
on the day of an election. Absent voter's ballots delivered to the	2154
director later than the times specified shall not be counted, but	2155
shall be kept by the board in the sealed identification envelopes	2156
in which they are delivered to the director, until the time	2157
provided by section 3505.31 of the Revised Code for the	2158
destruction of all other ballots used at the election for which	2159
ballots were provided, at which time they shall be destroyed.	2160

(B)(1) Except as otherwise provided in division (B)(2) of	2161
this section, any return envelope that is postmarked prior to the	2162
day of the election shall be delivered to the director prior to	2163
the eleventh day after the election. Ballots delivered in	2164
envelopes postmarked prior to the day of the election that are	2165
received after the close of the polls on election day through the	2166
tenth day thereafter shall be counted on the eleventh day at the	2167
board of elections in the manner provided in divisions (C) and (D)	2168
of section 3509.06 of the Revised Code. Any such ballots that are	2169
received by the director later than the tenth day following the	2170
election shall not be counted, but shall be kept by the board in	2171
the sealed identification envelopes as provided in division (A) of	2172
this section.	2173

(2) Division (B)(1) of this section shall not apply to any	2174
mail that is postmarked using a postage evidencing system,	2175
including a postage meter, as defined in 39 C.F.R. 501.1.	2176

Sec. 3511.02. Notwithstanding any section of the Revised	2177
Code to the contrary, whenever any person applies for registration	2178
as a voter on a form adopted in accordance with federal	2179
regulations relating to the "Uniformed and Overseas Citizens	2180
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	2181
this application shall be sufficient for voter registration and as	2182
a request for an absent voter's ballot. Uniformed services or	2183
overseas absent voter's ballots may be obtained by any person	2184
meeting the requirements of section 3511.011 of the Revised Code	2185
by applying electronically to the secretary of state or to the	2186
board of elections of the county in which the person's voting	2187
residence is located in accordance with section 3511.021 of the	2188
Revised Code or by applying to the director of the board of	2189
elections of the county in which the person's voting residence is	2190
located, in one of the following ways:	2191

(A) That person may make written application for those	2192
ballots. The person may personally deliver the application to the	2193
director or may mail it, send it by facsimile machine, send it by	2194
electronic mail, send it through internet delivery if such	2195
delivery is offered by the board of elections or the secretary of	2196
state, or otherwise send it to the director. The application need	2197
not be in any particular form but shall contain all of the	2198
following information:	2199

(1) The elector's name;

2200

(2) The elector's signature;

2201

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

2202

(4) The elector's date of birth;

2203

(5) One of the following:

2204

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

2205

(b) The last four digits of the elector's social security	2206
number;	2207

(c) A copy of the elector's current and valid photo	2208
identification, a copy of a military identification, or a copy of	2209
a current utility bill, bank statement, government check,	2210
paycheck, or other government document, other than ~~a notice of an~~	2211
~~election mailed by a board of elections under section 3501.19 of~~	2212
~~the Revised Code or~~ a notice of voter registration mailed by a	2213
board of elections under section 3503.19 of the Revised Code, that	2214
shows the name and address of the elector.	2215

(6) A statement identifying the election for which absent	2216
voter's ballots are requested;	2217

(7) A statement that the person requesting the ballots is a	2218
qualified elector;	2219

(8) A statement that the elector is an absent uniformed	2220
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	2221

(9) A statement of the elector's length of residence in the	2222
state immediately preceding the commencement of service,	2223
immediately preceding the date of leaving to be with or near the	2224
service member, or immediately preceding leaving the United	2225
States, or a statement that the elector's parent or legal guardian	2226
resided in this state long enough to establish residency for	2227
voting purposes immediately preceding leaving the United States,	2228
whichever is applicable;	2229

(10) If the request is for primary election ballots, the	2230
elector's party affiliation;	2231

(11) If the elector desires ballots to be mailed to the	2232
elector, the address to which those ballots shall be mailed;	2233

(12) If the elector desires ballots to be sent to the elector	2234
by facsimile machine, the telephone number to which they shall be	2235
so sent;	2236

(13) If the elector desires ballots to be sent to the elector	2237
by electronic mail or, if offered by the board of elections or the	2238
secretary of state, through internet delivery, the elector's	2239
electronic mail address or other internet contact information.	2240

(B) A voter or any relative of a voter listed in division (C)	2241
of this section may use a single federal post card application to	2242
apply for uniformed services or overseas absent voter's ballots	2243
for use at the primary and general elections in a given year and	2244
any special election to be held on the day in that year specified	2245
by division (E) of section 3501.01 of the Revised Code for the	2246
holding of a primary election, designated by the general assembly	2247
for the purpose of submitting constitutional amendments proposed	2248
by the general assembly to the voters of the state. A single	2249
federal postcard application shall be processed by the board of	2250
elections pursuant to section 3511.04 of the Revised Code the same	2251
as if the voter had applied separately for uniformed services or	2252
overseas absent voter's ballots for each election.	2253

(C) Application to have uniformed services or overseas absent	2254
voter's ballots mailed or sent by facsimile machine to such a	2255
person may be made by the spouse, father, mother, father-in-law,	2256
mother-in-law, grandfather, grandmother, brother or sister of the	2257
whole blood or half blood, son, daughter, adopting parent, adopted	2258
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle,	2259
aunt, nephew, or niece of such a person. The application shall be	2260
in writing upon a blank form furnished only by the director or on	2261
a single federal post card as provided in division (B) of this	2262
section. The form of the application shall be prescribed by the	2263
secretary of state. The director shall furnish that blank form to	2264
any of the relatives specified in this division desiring to make	2265
the application, only upon the request of such a relative made in	2266
person at the office of the board or upon the written request of	2267
such a relative mailed to the office of the board. The	2268
application, subscribed and sworn to by the applicant, shall	2269
contain all of the following:	2270

(1) The full name of the elector for whom ballots are	2271
requested;	2272

(2) A statement that the elector is an absent uniformed	2273
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	2274

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

2275

(4) A statement identifying the elector's length of residence	2276
in the state immediately preceding the commencement of service,	2277
immediately preceding the date of leaving to be with or near a	2278
service member, or immediately preceding leaving the United	2279
States, or a statement that the elector's parent or legal guardian	2280
resided in this state long enough to establish residency for	2281
voting purposes immediately preceding leaving the United States,	2282
as the case may be;	2283

(5) The elector's date of birth;

2284

(6) One of the following:

2285

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

2286

(b) The last four digits of the elector's social security	2287
number;	2288

(c) A copy of the elector's current and valid photo	2289
identification, a copy of a military identification, or a copy of	2290
a current utility bill, bank statement, government check,	2291
paycheck, or other government document, other than ~~a notice of an~~	2292
~~election mailed by a board of elections under section 3501.19 of~~	2293
~~the Revised Code or~~ a notice of voter registration mailed by a	2294
board of elections under section 3503.19 of the Revised Code, that	2295
shows the name and address of the elector.	2296

(7) A statement identifying the election for which absent	2297
voter's ballots are requested;	2298

(8) A statement that the person requesting the ballots is a	2299
qualified elector;	2300

(9) If the request is for primary election ballots, the	2301
elector's party affiliation;	2302

(10) A statement that the applicant bears a relationship to	2303
the elector as specified in division (C) of this section;	2304

(11) The address to which ballots shall be mailed, the	2305
telephone number to which ballots shall be sent by facsimile	2306
machine, the electronic mail address to which ballots shall be	2307
sent by electronic mail, or, if internet delivery is offered by	2308
the board of elections or the secretary of state, the internet	2309
contact information to which ballots shall be sent through	2310
internet delivery;	2311

(12) The signature and address of the person making the	2312
application.	2313

Each application for uniformed services or overseas absent	2314
voter's ballots shall be delivered to the director not earlier	2315
than the first day of January of the year of the elections for	2316
which the uniformed services or overseas absent voter's ballots	2317
are requested or not earlier than ninety days before the day of	2318
the election at which the ballots are to be voted, whichever is	2319
earlier, and not later than twelve noon of the third day preceding	2320
the day of the election, or not later than six p.m. on the last	2321
Friday before the day of the election at which those ballots are	2322
to be voted if the application is delivered in person to the	2323
office of the board.	2324

(D) If the voter for whom the application is made is entitled	2325
to vote for presidential and vice-presidential electors only, the	2326
applicant shall submit to the director in addition to the	2327
requirements of divisions (A), (B), and (C) of this section, a	2328
statement to the effect that the voter is qualified to vote for	2329
presidential and vice-presidential electors and for no other	2330
offices.	2331

Sec. 3511.05. (A) The director of the board of elections	2332
shall place uniformed services or overseas absent voter's ballots	2333
sent by mail in an unsealed identification envelope, gummed ready	2334
for sealing. The director shall include with uniformed services or	2335
overseas absent voter's ballots sent electronically, including by	2336
facsimile machine, an instruction sheet for preparing a gummed	2337
envelope in which the ballots shall be returned. The envelope for	2338
returning ballots sent by either means shall have printed or	2339
written on its face a form substantially as follows:	2340

"Identification Envelope Statement of Voter	2341

I, ........................(Name of voter), declare under	2342
penalty of election falsification that the within ballot or	2343
ballots contained no voting marks of any kind when I received	2344
them, and I caused the ballot or ballots to be marked, enclosed in	2345
the identification envelope, and sealed in that envelope.	2346

My voting residence in Ohio is

2347

...................................................................	2348

(Street and Number, if any, or Rural Route and Number)	2349

of ................................ (City, Village, or Township)	2350
Ohio, which is in Ward ............... Precinct ................	2351
in that city, village, or township.	2352

The primary election ballots, if any, within this envelope	2353
are primary election ballots of the ............. Party.	2354

Ballots contained within this envelope are to be voted at the	2355
.......... (general, special, or primary) election to be held on	2356
the .......................... day of ......................, ....	2357

My date of birth is ............... (Month and Day),	2358
.......... (Year).	2359

(Voter must provide one of the following:)

2360

My driver's license number is ............... (Driver's	2361
license number).	2362

The last four digits of my Social Security Number are	2363
............... (Last four digits of Social Security Number).	2364

...... In lieu of providing a driver's license number or the	2365
last four digits of my Social Security Number, I am enclosing a	2366
copy of one of the following in the return envelope in which this	2367
identification envelope will be mailed: a current and valid photo	2368
identification, a military identification, or a current utility	2369
bill, bank statement, government check, paycheck, or other	2370
government document, other than ~~a notice of an election mailed by~~	2371
~~a board of elections under section 3501.19 of the Revised Code or~~	2372
a notice of voter registration mailed by a board of elections,	2373
that shows my name and address.	2374

I hereby declare, under penalty of election falsification,	2375
that the statements above are true, as I verily believe.	2376

			2377
	(Signature of Voter)		2378

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	2379
THE FIFTH DEGREE."	2380

(B) The director shall also mail with the ballots and the	2381
unsealed identification envelope sent by mail an unsealed return	2382
envelope, gummed, ready for sealing, for use by the voter in	2383
returning the voter's marked ballots to the director. The director	2384
shall send with the ballots and the instruction sheet for	2385
preparing a gummed envelope sent electronically, including by	2386
facsimile machine, an instruction sheet for preparing a second	2387
gummed envelope as described in this division, for use by the	2388
voter in returning that voter's marked ballots to the director.	2389
The return envelope shall have two parallel lines, each one	2390
quarter of an inch in width, printed across its face paralleling	2391
the top, with an intervening space of one quarter of an inch	2392
between such lines. The top line shall be one and one-quarter	2393
inches from the top of the envelope. Between the parallel lines	2394
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR	2395
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	2396
lines shall be printed in the upper left corner on the face of the	2397
envelope for the use by the voter in placing the voter's complete	2398
military, naval, or mailing address on these lines, and beneath	2399
these lines there shall be printed a box beside the words "check	2400
if out-of-country." The voter shall check this box if the voter	2401
will be outside the United States on the day of the election. The	2402
official title and the post-office address of the director to whom	2403
the envelope shall be returned shall be printed on the face of	2404
such envelope in the lower right portion below the bottom parallel	2405
line.	2406

(C) On the back of each identification envelope and each	2407
return envelope shall be printed the following:	2408

"Instructions to voter:	2409

If the flap on this envelope is so firmly stuck to the back	2410
of the envelope when received by you as to require forcible	2411
opening in order to use it, open the envelope in the manner least	2412
injurious to it, and, after marking your ballots and enclosing	2413
same in the envelope for mailing them to the director of the board	2414
of elections, reclose the envelope in the most practicable way, by	2415
sealing or otherwise, and sign the blank form printed below.	2416

The flap on this envelope was firmly stuck to the back of the	2417
envelope when received, and required forced opening before sealing	2418
and mailing.	2419

			2420
	(Signature of voter)"		2421

(D) Division (C) of this section does not apply when absent	2422
voter's ballots are sent electronically, including by facsimile	2423
machine.	2424

Sec. 3511.09. Upon receiving uniformed services or overseas	2425
absent voter's ballots, the elector shall cause the questions on	2426
the face of the identification envelope to be answered, and, by	2427
writing the elector's usual signature in the proper place on the	2428
identification envelope, the elector shall declare under penalty	2429
of election falsification that the answers to those questions are	2430
true and correct to the best of the elector's knowledge and	2431
belief. Then, the elector shall note whether there are any voting	2432
marks on the ballot. If there are any voting marks, the ballot	2433
shall be returned immediately to the board of elections;	2434
otherwise, the elector shall cause the ballot to be marked, folded	2435
separately so as to conceal the markings on it, deposited in the	2436
identification envelope, and securely sealed in the identification	2437
envelope. The elector then shall cause the identification envelope	2438
to be placed within the return envelope, sealed in the return	2439
envelope, and mailed to the director of the board of elections to	2440
whom it is addressed. The ballot shall be submitted for mailing	2441
not later than 12:01 a.m. at the place where the voter completes	2442
the ballot, on the date of the election. If the elector does not	2443
provide the elector's driver's license number or the last four	2444
digits of the elector's social security number on the statement of	2445
voter on the identification envelope, the elector also shall	2446
include in the return envelope with the identification envelope a	2447
copy of the elector's current valid photo identification, a copy	2448
of a military identification, or a copy of a current utility bill,	2449
bank statement, government check, paycheck, or other government	2450
document, other than ~~a notice of an election mailed by a board of~~	2451
~~elections under section 3501.19 of the Revised Code or~~ a notice of	2452
voter registration mailed by a board of elections under section	2453
3503.19 of the Revised Code, that shows the name and address of	2454
the elector. Each elector who will be outside the United States on	2455
the day of the election shall check the box on the return envelope	2456
indicating this fact and shall mail the return envelope to the	2457
director prior to the close of the polls on election day.	2458

Every uniformed services or overseas absent voter's ballot	2459
identification envelope shall be accompanied by the following	2460
statement in boldface capital letters: WHOEVER COMMITS ELECTION	2461
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	2462

Sec. 3513.04. Candidates for party nominations to state,	2463
district, county, and municipal offices or positions, for which	2464
party nominations are provided by law, and for election as members	2465
of party controlling committees shall have their names printed on	2466
the official primary ballot by filing a declaration of candidacy	2467
and paying the fees specified for the office under divisions (A)	2468
and (B) of section 3513.10 of the Revised Code, except that the	2469
joint candidates for party nomination to the offices of governor	2470
and lieutenant governor shall, for the two of them, file one	2471
declaration of candidacy. The joint candidates also shall pay the	2472
fees specified for the joint candidates under divisions (A) and	2473
(B) of section 3513.10 of the Revised Code.	2474

The secretary of state shall not accept for filing the	2475
declaration of candidacy of a candidate for party nomination to	2476
the office of governor unless the declaration of candidacy also	2477
shows a joint candidate for the same party's nomination to the	2478
office of lieutenant governor, shall not accept for filing the	2479
declaration of candidacy of a candidate for party nomination to	2480
the office of lieutenant governor unless the declaration of	2481
candidacy also shows a joint candidate for the same party's	2482
nomination to the office of governor, and shall not accept for	2483
filing a declaration of candidacy that shows a candidate for party	2484
nomination to the office of governor or lieutenant governor who,	2485
for the same election, has already filed a declaration of	2486
candidacy or a declaration of intent to be a write-in candidate,	2487
or has become a candidate by the filling of a vacancy under	2488
section 3513.30 of the Revised Code for any other state office or	2489
any federal or county office.	2490

No person who seeks party nomination for an office or	2491
position at a primary election by declaration of candidacy or by	2492
declaration of intent to be a write-in candidate and no person who	2493
is a first choice for president of candidates seeking election as	2494
delegates and alternates to the national conventions of the	2495
different major political parties who are chosen by direct vote of	2496
the electors as provided in this chapter shall be permitted to	2497
become a candidate by nominating petition or, by declaration of	2498
intent to be a write-in candidate, or by filling a vacancy under	2499
section 3513.31 of the Revised Code at the following general	2500
election for any office other than the office of member of the	2501
state board of education, office of member of a city, local, or	2502
exempted village board of education, office of member of a	2503
governing board of an educational service center, or office of	2504
township trustee.	2505

Sec. 3513.262. The nominating petitions of all candidates	2506
required to be filed before four p.m. of the day before the day of	2507
the primary election immediately preceding the general election	2508
shall be processed as follows:	2509

If such petition is filed with the secretary of state, he	2510
the secretary of state shall, not later than the fifteenth day of	2511
June following the filing of such petition, or if the primary	2512
election was a presidential primary election, not later than the	2513
end of the sixth week after the day of that election, transmit to	2514
each board such separate petition papers as purport to contain	2515
signatures of electors of the county of such board. If such	2516
petition is filed with the board of the most populous county of a	2517
district or of a county in which the major portion of the	2518
population of a subdivision is located, such board shall, not	2519
later than the fifteenth day of June, or if the primary election	2520
was a presidential primary election, not later than the end of the	2521
sixth week after the day of that election, transmit to each board	2522
within such district such separate petition papers of the petition	2523
as purport to contain signatures of electors of the county of such	2524
board.	2525

All petition papers so transmitted to a board and all	2526
nominating petitions filed with a board shall, under proper	2527
regulations, be open to public inspection from the fifteenth day	2528
of June until four p.m. of the thirtieth day of that month, or if	2529
the primary election was a presidential primary election, from the	2530
end of the sixth week after the election until four p.m. of the	2531
end of the seventh week after the election. Each board shall, not	2532
later than the next fifteenth day of July, or if the primary	2533
election was a presidential primary election, not later than the	2534
end of the tenth week after the day of that election, examine and	2535
determine the sufficiency of the signatures on the petition papers	2536
transmitted to or filed with it, and the validity of the petitions	2537
filed with it, and shall return to the secretary of state all	2538
petition papers transmitted to it by ~~him~~the secretary of state,	2539
together with its certification of its determination as to the	2540
validity or invalidity of signatures thereon, and shall return to	2541
each other board all petition papers transmitted to it by such	2542
other board, as provided in this section, together with its	2543
certification of its determination as to the validity or	2544
invalidity of signatures thereon. A signature on a nominating	2545
petition is not valid if it is dated more than one year before the	2546
date the nominating petition was filed. All other matters	2547
affecting the validity or invalidity of such petition papers shall	2548
be determined by the secretary of state or the board with whom	2549
such petition papers were filed.	2550

Written protests against nominating petitions may be filed by	2551
any qualified elector eligible to vote for the candidate whose	2552
nominating petition hethe elector objects to, not later than four	2553
p.m. of the thirtieth day of July, or if the primary election was	2554
a presidential primary election, not later than the end of the	2555
twelfth week after the day of that election. Such protests shall	2556
be filed with the election officials with whom the nominating	2557
petition was filed. Upon the filing of such protest, the election	2558
officials with whom it is filed shall promptly fix the time and	2559
place for hearing it, and shall forthwith mail notice of the	2560
filing of such protest and the time and place for hearing it to	2561
the person whose nomination is protested. They shall also	2562
forthwith mail notice of the time and place fixed for the hearing	2563
to the person who filed the protest. At the time fixed, such	2564
election officials shall hear the protest and determine the	2565
validity or invalidity of the petition. Such determination shall	2566
be final.	2567

A protest against the nominating petition filed by joint	2568
candidates for the offices of governor and lieutenant governor	2569
shall be filed, heard, and determined in the same manner as a	2570
protest against the nominating petition of a candidate who files	2571
~~by himself~~individually.	2572

Sec. 3513.263. The nominating petitions of all candidates	2573
required to be filed before four p.m. of the ninetieth day before	2574
the day of the general election, shall be processed as follows:	2575

If such petition is filed with the secretary of state, the	2576
secretary of state shall promptly transmit to each board such	2577
separate petition papers as purports to contain signatures of	2578
electors of the county of such board.	2579

If such petition is filed with the board of a county in which	2580
the major portion of the population of a subdivision is located,	2581
such board shall promptly transmit to the board of each county in	2582
which other portions of such subdivision are located such separate	2583
petition papers of the petition as purport to contain signatures	2584
of electors of such county.	2585

All petition papers so transmitted to a board of elections,	2586
and all nominating petitions filed with a board of elections	2587
shall, under proper regulation, be open to public inspection until	2588
four p.m. of the eightieth day before the day of such general	2589
election. Each board shall, not later than the seventy-eighth day	2590
before the day of such general election examine and determine the	2591
sufficiency of the signatures on the petition papers transmitted	2592
to or filed with it and the validity or invalidity of petitions	2593
filed with it, and shall return to each other board all petition	2594
papers transmitted to it by such other board, together with its	2595
certification of its determination as to the validity or	2596
invalidity of signatures thereon. A signature on a nominating	2597
petition is not valid if it is dated more than one year before the	2598
date the nominating petition was filed. All other matters	2599
affecting the validity or invalidity of such petition papers shall	2600
be determined by the board with whom such petition papers were	2601
filed.	2602

Written protests against such nominating petitions may be	2603
filed by any qualified elector eligible to vote for the candidate	2604
whose nominating petition the elector objects to, not later than	2605
the seventy-fourth day before the general election. Such protests	2606
shall be filed with the election officials with whom the	2607
nominating petition was filed. Upon the filing of such protests,	2608
the election officials with whom it is filed shall promptly fix	2609
the time and place for hearing it, and shall forthwith mail notice	2610
of the filing of such protest and the time and place for hearing	2611
it to the person whose nomination is protested. They shall also	2612
forthwith mail notice of the time and place fixed for the hearing	2613
to the person who filed the protest. At the time and place fixed,	2614
such election officials shall hear the protest and determine the	2615
validity or invalidity of the petition. Such determination shall	2616
be final.	2617

Sec. 3513.30. (A)(1) If only one valid declaration of	2618
candidacy is filed for nomination as a candidate of a political	2619
party for an office and that candidate dies prior to the tenth day	2620
before the primary election, both of the following may occur:	2621

(a) The political party whose candidate died may fill the	2622
vacancy so created as provided in division (A)(2) of this section.	2623

(b) Any major political party other than the one whose	2624
candidate died may select a candidate as provided in division	2625
(A)(2) of this section under either of the following	2626
circumstances:	2627

(i) No person has filed a valid declaration of candidacy for	2628
nomination as that party's candidate at the primary election.	2629

(ii) Only one person has filed a valid declaration of	2630
candidacy for nomination as that party's candidate at the primary	2631
election, that person has withdrawn, died, or been disqualified	2632
under section 3513.052 of the Revised Code, and the vacancy so	2633
created has not been filled.	2634

(2) A vacancy may be filled under division (A)(1)(a) and a	2635
selection may be made under division (A)(1)(b) of this section by	2636
the appropriate committee of the political party in the same	2637
manner as provided in divisions (A) to (E) of section 3513.31 of	2638
the Revised Code for the filling of similar vacancies created by	2639
withdrawals or disqualifications under section 3513.052 of the	2640
Revised Code after the primary election, except that the	2641
certification required under that section may not be filed with	2642
the secretary of state, or with a board of the most populous	2643
county of a district, or with the board of a county in which the	2644
major portion of the population of a subdivision is located, later	2645
than four p.m. of the tenth day before the day of such primary	2646
election, or with any other board later than four p.m. of the	2647
fifth day before the day of such primary election.	2648

(3) If only one valid declaration of candidacy is filed for	2649
nomination as a candidate of a political party for an office and	2650
that candidate dies on or after the tenth day before the day of	2651
the primary election, that candidate is considered to have	2652
received the nomination of that candidate's political party at	2653
that primary election, and, for purposes of filling the vacancy so	2654
created, that candidate's death shall be treated as if that	2655
candidate died on the day after the day of the primary election.	2656

(B) Any person filing a declaration of candidacy may withdraw	2657
as such candidate at any time prior to the primary election. The	2658
withdrawal shall be effected and the statement of withdrawal shall	2659
be filed in accordance with the procedures prescribed in division	2660
(D) of this section for the withdrawal of persons nominated in a	2661
primary election or by nominating petition.	2662

(C) A person who is the first choice for president of the	2663
United States by a candidate for delegate or alternate to a	2664
national convention of a political party may withdraw consent for	2665
the selection of the person as such first choice no later than	2666
four p.m. of the fortieth day before the day of the presidential	2667
primary election. Withdrawal of consent shall be for the entire	2668
slate of candidates for delegates and alternates who named such	2669
person as their presidential first choice and shall constitute	2670
withdrawal from the primary election by such delegates and	2671
alternates. The withdrawal shall be made in writing and delivered	2672
to the secretary of state. If the withdrawal is delivered to the	2673
secretary of state on or before the seventieth day before the day	2674
of the primary election, the boards of elections shall remove both	2675
the name of the withdrawn first choice and the names of such	2676
withdrawn candidates from the ballots according to the directions	2677
of the secretary of state. If the withdrawal is delivered to the	2678
secretary of state after the seventieth day before the day of the	2679
primary election, the board of elections shall not remove the name	2680
of the withdrawn first choice and the names of the withdrawn	2681
candidates from the ballots. The board of elections shall post a	2682
notice at each polling location on the day of the primary	2683
election, and shall enclose with each absent voter's ballot given	2684
or mailed after the candidate withdraws, a notice that votes for	2685
the withdrawn first choice or the withdrawn candidates will be	2686
void and will not be counted. If such names are not removed from	2687
all ballots before the day of the election, the votes for the	2688
withdrawn first choice or the withdrawn candidates are void and	2689
shall not be counted.	2690

(D) Any person nominated in a primary election or by	2691
nominating petition as a candidate for election at the next	2692
general election may withdraw as such candidate at any time prior	2693
to the general election. Such withdrawal may be effected by the	2694
filing of a written statement by such candidate announcing the	2695
candidate's withdrawal and requesting that the candidate's name	2696
not be printed on the ballots. If such candidate's declaration of	2697
candidacy or nominating petition was filed with the secretary of	2698
state, the candidate's statement of withdrawal shall be addressed	2699
to and filed with the secretary of state. If such candidate's	2700
declaration of candidacy or nominating petition was filed with a	2701
board of elections, the candidate's statement of withdrawal shall	2702
be addressed to and filed with such board.	2703

(E) When a person withdraws under division (B) or (D) of this	2704
section on or before the seventieth day before the day of the	2705
primary election or the general election, the board of elections	2706
shall remove the name of the withdrawn candidate from the ballots	2707
according to the directions of the secretary of state. When a	2708
person withdraws under division (B) or (D) of this section after	2709
the seventieth day before the day of the primary election or the	2710
general election, the board of elections shall not remove the name	2711
of the withdrawn candidate from the ballots. The board of	2712
elections shall post a notice at each polling place on the day of	2713
the ~~primary~~ election, and shall enclose with each absent voter's	2714
ballot given or mailed after the candidate withdraws, a notice	2715
that votes for the withdrawn candidate will be void and will not	2716
be counted. If the name is not removed from all ballots before the	2717
day of the election, the votes for the withdrawn candidate are	2718
void and shall not be counted.	2719

Sec. 3513.31. (A) If a person nominated in a primary	2720
election as a candidate for election at the next general election,	2721
whose candidacy is to be submitted to the electors of the entire	2722
state, withdraws as that candidate or is disqualified as that	2723
candidate under section 3513.052 of the Revised Code, the vacancy	2724
in the party nomination so created may be filled by the state	2725
central committee of the major political party that made the	2726
nomination at the primary election, if the committee's chairperson	2727
and secretary certify the name of the person selected to fill the	2728
vacancy by the time specified in this division, at a meeting	2729
called for that purpose. The meeting shall be called by the	2730
chairperson of that committee, who shall give each member of the	2731
committee at least two days' notice of the time, place, and	2732
purpose of the meeting. If a majority of the members of the	2733
committee are present at the meeting, a majority of those present	2734
may select a person to fill the vacancy. The chairperson and	2735
secretary of the meeting shall certify in writing and under oath	2736
to the secretary of state, not later than the eighty-sixth day	2737
before the day of the general election, the name of the person	2738
selected to fill the vacancy. The certification must be	2739
accompanied by the written acceptance of the nomination by the	2740
person whose name is certified. A vacancy that may be filled by an	2741
intermediate or minor political party shall be filled in	2742
accordance with the party's rules by authorized officials of the	2743
party. Certification must be made as in the manner provided for a	2744
major political party.	2745

(B) If a person nominated in a primary election as a party	2746
candidate for election at the next general election, whose	2747
candidacy is to be submitted to the electors of a district	2748
comprised of more than one county but less than all of the	2749
counties of the state, withdraws as that candidate or is	2750
disqualified as that candidate under section 3513.052 of the	2751
Revised Code, the vacancy in the party nomination so created may	2752
be filled by a district committee of the major political party	2753
that made the nomination at the primary election, if the	2754
committee's chairperson and secretary certify the name of the	2755
person selected to fill the vacancy by the time specified in this	2756
division, at a meeting called for that purpose. The district	2757
committee shall consist of the chairperson and secretary of the	2758
county central committee of such political party in each county in	2759
the district. The district committee shall be called by the	2760
chairperson of the county central committee of such political	2761
party of the most populous county in the district, who shall give	2762
each member of the district committee at least two days' notice of	2763
the time, place, and purpose of the meeting. If a majority of the	2764
members of the district committee are present at the district	2765
committee meeting, a majority of those present may select a person	2766
to fill the vacancy. The chairperson and secretary of the meeting	2767
shall certify in writing and under oath to the board of elections	2768
of the most populous county in the district, not later than four	2769
p.m. of the eighty-sixth day before the day of the general	2770
election, the name of the person selected to fill the vacancy. The	2771
certification must be accompanied by the written acceptance of the	2772
nomination by the person whose name is certified. A vacancy that	2773
may be filled by an intermediate or minor political party shall be	2774
filled in accordance with the party's rules by authorized	2775
officials of the party. Certification must be made as in the	2776
manner provided for a major political party.	2777

(C) If a person nominated in a primary election as a party	2778
candidate for election at the next general election, whose	2779
candidacy is to be submitted to the electors of a county,	2780
withdraws as that candidate or is disqualified as that candidate	2781
under section 3513.052 of the Revised Code, the vacancy in the	2782
party nomination so created may be filled by the county central	2783
committee of the major political party that made the nomination at	2784
the primary election, or by the county executive committee if so	2785
authorized, if the committee's chairperson and secretary certify	2786
the name of the person selected to fill the vacancy by the time	2787
specified in this division, at a meeting called for that purpose.	2788
The meeting shall be called by the chairperson of that committee,	2789
who shall give each member of the committee at least two days'	2790
notice of the time, place, and purpose of the meeting. If a	2791
majority of the members of the committee are present at the	2792
meeting, a majority of those present may select a person to fill	2793
the vacancy. The chairperson and secretary of the meeting shall	2794
certify in writing and under oath to the board of that county, not	2795
later than four p.m. of the eighty-sixth day before the day of the	2796
general election, the name of the person selected to fill the	2797
vacancy. The certification must be accompanied by the written	2798
acceptance of the nomination by the person whose name is	2799
certified. A vacancy that may be filled by an intermediate or	2800
minor political party shall be filled in accordance with the	2801
party's rules by authorized officials of the party. Certification	2802
must be made as in the manner provided for a major political	2803
party.	2804

(D) If a person nominated in a primary election as a party	2805
candidate for election at the next general election, whose	2806
candidacy is to be submitted to the electors of a district within	2807
a county, withdraws as that candidate or is disqualified as that	2808
candidate under section 3513.052 of the Revised Code, the vacancy	2809
in the party nomination so created may be filled by a district	2810
committee consisting of those members of the county central	2811
committee or, if so authorized, those members of the county	2812
executive committee in that county of the major political party	2813
that made the nomination at the primary election who represent the	2814
precincts or the wards and townships within the district, if the	2815
committee's chairperson and secretary certify the name of the	2816
person selected to fill the vacancy by the time specified in this	2817
division, at a meeting called for that purpose. The district	2818
committee meeting shall be called by the chairperson of the county	2819
central committee or executive committee, as appropriate, who	2820
shall give each member of the district committee at least two	2821
days' notice of the time, place, and purpose of the meeting. If a	2822
majority of the members of the district committee are present at	2823
the district committee meeting, a majority of those present may	2824
select a person to fill the vacancy. The chairperson and secretary	2825
of the district committee meeting shall certify in writing and	2826
under oath to the board of the county, not later than four p.m. of	2827
the eighty-sixth day before the day of the general election, the	2828
name of the person selected to fill the vacancy. The certification	2829
must be accompanied by the written acceptance of the nomination by	2830
the person whose name is certified. A vacancy that may be filled	2831
by an intermediate or minor political party shall be filled in	2832
accordance with the party's rules by authorized officials of the	2833
party. Certification must be made as in the manner provided for a	2834
major political party.	2835

(E) If a person nominated in a primary election as a party	2836
candidate for election at the next general election, whose	2837
candidacy is to be submitted to the electors of a subdivision	2838
within a county, withdraws as that candidate or is disqualified as	2839
that candidate under section 3513.052 of the Revised Code, the	2840
vacancy in the party nomination so created may be filled by a	2841
subdivision committee consisting of those members of the county	2842
central committee or, if so authorized, those members of the	2843
county executive committee in that county of the major political	2844
party that made the nomination at that primary election who	2845
represent the precincts or the wards and townships within that	2846
subdivision, if the committee's chairperson and secretary certify	2847
the name of the person selected to fill the vacancy by the time	2848
specified in this division, at a meeting called for that purpose.	2849

The subdivision committee meeting shall be called by the	2850
chairperson of the county central committee or executive	2851
committee, as appropriate, who shall give each member of the	2852
subdivision committee at least two days' notice of the time,	2853
place, and purpose of the meeting. If a majority of the members of	2854
the subdivision committee are present at the subdivision committee	2855
meeting, a majority of those present may select a person to fill	2856
the vacancy. The chairperson and secretary of the subdivision	2857
committee meeting shall certify in writing and under oath to the	2858
board of the county, not later than four p.m. of the eighty-sixth	2859
day before the day of the general election, the name of the person	2860
selected to fill the vacancy. The certification must be	2861
accompanied by the written acceptance of the nomination by the	2862
person whose name is certified. A vacancy that may be filled by an	2863
intermediate or minor political party shall be filled in	2864
accordance with the party's rules by authorized officials of the	2865
party. Certification must be made in the manner provided for a	2866
major political party.	2867

(F) If a person nominated by petition as an independent or	2868
nonpartisan candidate for election at the next general election	2869
withdraws as that candidate or is disqualified as that candidate	2870
under section 3513.052 of the Revised Code, the vacancy so created	2871
may be filled by a majority of the committee of five, as	2872
designated on the candidate's nominating petition, if a member of	2873
that committee certifies in writing and under oath to the election	2874
officials with whom the candidate filed the candidate's nominating	2875
petition, not later than the eighty-sixth day before the day of	2876
the general election, the name of the person selected to fill the	2877
vacancy. The certification shall be accompanied by the written	2878
acceptance of the nomination by the person whose name is certified	2879
and shall be made in the manner provided for a major political	2880
party.	2881

(G) If a person nominated in a primary election as a party	2882
candidate for election at the next general election dies, the	2883
vacancy so created may be filled by the same committee in the same	2884
manner as provided in this section for the filling of similar	2885
vacancies created by withdrawals or disqualifications under	2886
section 3513.052 of the Revised Code, except that the	2887
certification, when filling a vacancy created by death, may not be	2888
filed with the secretary of state, or with a board of the most	2889
populous county of a district, or with the board of a county in	2890
which the major portion of the population of a subdivision is	2891
located, later than four p.m. of the tenth day before the day of	2892
such general election, or with any other board later than four	2893
p.m. of the fifth day before the day of such general election.	2894

(H) If a person nominated by petition as an independent or	2895
nonpartisan candidate for election at the next general election	2896
dies prior to the tenth day before the day of that general	2897
election, the vacancy so created may be filled by a majority of	2898
the committee of five designated in the nominating petition to	2899
represent the candidate named in it. To fill the vacancy a member	2900
of the committee shall, not later than four p.m. of the fifth day	2901
before the day of the general election, file with the election	2902
officials with whom the petition nominating the person was filed,	2903
a certificate signed and sworn to under oath by a majority of the	2904
members, designating the person they select to fill the vacancy.	2905
The certification must be accompanied by the written acceptance of	2906
the nomination by the person whose name is so certified.	2907

(I) If a person holding an elective office dies or resigns	2908
subsequent to the one hundred fifteenth day before the day of a	2909
primary election and prior to the eighty-sixth day before the day	2910
of the next general election, and if, under the laws of this	2911
state, a person may be elected at that general election to fill	2912
the unexpired term of the person who has died or resigned, the	2913
appropriate committee of each political party, acting as in the	2914
case of a vacancy in a party nomination, as provided in divisions	2915
(A) to (D) of this section, may select a person as the party	2916
candidate for election for such unexpired term at that general	2917
election, and certify the person's name to the appropriate	2918
election official not later than four p.m. on the eighty-sixth day	2919
before the day of that general election, or on the tenth day	2920
following the day on which the vacancy occurs, whichever is later.	2921
When the vacancy occurs on or subsequent to the eighty-sixth day	2922
and six or more days prior to the ~~fifty-sixth~~fortieth day before	2923
the general election, the appropriate committee may select a	2924
person as the party candidate and certify the person's name, as	2925
provided in the preceding sentence, not later than four p.m. on	2926
the ~~fiftieth~~tenth day following the day on which the vacancy	2927
occurs. When the vacancy occurs fewer than six days before the	2928
fortieth day before the general election, the deadline for filing	2929
shall be four p.m. on the thirty-sixth day before the general	2930
election. Thereupon the name shall be printed as the party	2931
candidate under proper titles and in the proper place on the	2932
proper ballots for use at the election. If a person has been	2933
nominated in a primary election, the authorized committee of that	2934
political party shall not select and certify a person as the party	2935
candidate.	2936

(J) Each person desiring to become an independent candidate	2937
to fill the unexpired term shall file a statement of candidacy and	2938
nominating petition, as provided in section 3513.261 of the	2939
Revised Code, with the appropriate election official not later	2940
than four p.m. on the tenth day following the day on which the	2941
vacancy occurs, provided that when the vacancy occurs fewer than	2942
six days before the fifty-sixth day before the general election,	2943
the deadline for filing shall be four p.m. on the fiftieth day	2944
before the general election. The nominating petition shall contain	2945
at least seven hundred fifty signatures and no more than one	2946
thousand five hundred signatures of qualified electors of the	2947
district, political subdivision, or portion of a political	2948
subdivision in which the office is to be voted upon, or the amount	2949
provided for in section 3513.257 of the Revised Code, whichever is	2950
less.	2951

(K) When a person nominated as a candidate by a political	2952
party in a primary election or by nominating petition for an	2953
elective office for which candidates are nominated at a party	2954
primary election withdraws, dies, or is disqualified under section	2955
3513.052 of the Revised Code prior to the general election, the	2956
appropriate committee of any other major political party or	2957
committee of five that has not nominated a candidate for that	2958
office, or whose nominee as a candidate for that office has	2959
withdrawn, died, or been disqualified without the vacancy so	2960
created having been filled, may, acting as in the case of a	2961
vacancy in a party nomination or nomination by petition as	2962
provided in divisions (A) to (F) of this section, whichever is	2963
appropriate, select a person as a candidate of that party or of	2964
that committee of five for election to the office.	2965

Sec. 3519.05. (A) If the measure to be submitted proposes a	2966
constitutional amendment, the heading of each part of the petition	2967
shall be prepared in the following form, and printed in capital	2968
letters in type of the approximate size set forth:	2969

"INITIATIVE PETITION	2970

Amendment to the Constitution	2971

Proposed by Initiative Petition	2972

To be submitted directly to the electors"	2973

"Amendment" printed in fourteen-point boldface type shall	2974
precede the title, which shall be briefly expressed and printed in	2975
eight-point type. The summary shall then be set forth printed in	2976
ten-point type, and then shall follow the certification of the	2977
attorney general, under proper date, which shall also be printed	2978
in ten-point type. The petition shall then set forth the names and	2979
addresses of the committee of not less than three nor more than	2980
five to represent the petitioners in all matters relating to the	2981
petition or its circulation.	2982

Immediately above the heading of the place for signatures on	2983
each part of the petition the following notice shall be printed in	2984
boldface type:	2985

"NOTICE	2986

Whoever knowingly signs this petition more than once; except	2987
as provided in section 3501.382 of the Revised Code, signs a name	2988
other than one's own on this petition; or signs this petition when	2989
not a qualified voter, is liable to prosecution."	2990

The heading of the place for signatures shall be	2991
substantially as follows:	2992

"(Sign with ink. Your name, residence, and date of signing must be	2993
given.)	2994

2995

Rural Route or

2996

(Voters who do not live in a municipal corporation should fill in	3000
the information called for by headings printed above.)	3001

(Voters who reside in municipal corporations should fill in the	3002
information called for by headings printed below.)	3003

The text of the proposed amendment shall be printed in full,	3009
immediately following the place for signatures, and shall be	3010
prefaced by "Be it resolved by the people of the State of Ohio."	3011
Immediately following the text of the proposed amendment must	3012
appear the following form:	3013

"I, ........., declare under penalty of election	3014
falsification that I am the circulator of the foregoing petition	3015
paper containing the signatures of ......... electors, that the	3016
signatures appended hereto were made and appended in my presence	3017
on the date set opposite each respective name, and are the	3018
signatures of the persons whose names they purport to be or of	3019
attorneys in fact acting pursuant to section 3501.382 of the	3020
Revised Code, and that the electors signing this petition did so	3021
with knowledge of the contents of same. I am employed to circulate	3022
this petition by ................................ (Name and	3023
address of employer). (The preceding sentence shall be completed	3024
as required by section 3501.38 of the Revised Code if the	3025
circulator is being employed to circulate the petition.)	3026

(Signed)		3027
(Address of circulator's permanent residence in this state)		3028
	3029

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3030
OF THE FIFTH DEGREE."	3031

(B) If the measure proposes a law, the heading of each part	3032
of the petition shall be prepared as follows:	3033

Law proposed by initiative petition first to be submitted to	3035
the General Assembly."	3036

In all other respects, the form shall be as provided for the	3037
submission of a constitutional amendment, except that the text of	3038
the proposed law shall be prefaced by "Be it enacted by the people	3039
of the state of Ohio."	3040

The form for a supplementary initiative petition shall be the	3041
same as that provided for an initiative petition, with the	3042
exception that "supplementary" shall precede "initiative" in the	3043
title thereof.	3044

(C) The general provisions set forth in this section relative	3045
to the form and order of an initiative petition shall be, so far	3046
as practical, applicable to a referendum petition, the heading of	3047
which shall be as follows:	3048

To be submitted to the electors for their approval or	3050
rejection"	3051

The title, which follows the heading, shall contain a brief	3052
legislative history of the law, section, or item of law to be	3053
referred. The text of the law so referred shall be followed by the	3054
certification of the secretary of state, in accordance with	3055
division (B)(2)(b) of section 3519.01 of the Revised Code, that it	3056
has been compared with the copy of the enrolled act, on file in	3057
the secretary of state's office, containing such law, section, or	3058
item of law, and found to be correct.	3059

(D) The secretary of state shall prescribe a form for part	3060
petitions to be submitted during the ten-day period beginning on	3061
the first day following the date that the secretary of state	3062
notifies the chairperson of the committee interested in the	3063
petition that the petition has an insufficient number of valid	3064
signatures. The form provided to a particular committee shall	3065
contain a unique identifier and shall be separate from the forms	3066
prescribed in divisions (A), (B), and (C) of this section. The	3067
secretary of state shall make the form available to the committee	3068
only as described in division (F) of section 3519.16 of the	3069
Revised Code.	3070

The form shall comply with the requirements of Section 1g of	3071
Article II, Ohio Constitution and, except as otherwise provided in	3072
this division, with the requirements of divisions (A), (B), and	3073
(C) of this section.	3074

Sec. 3519.16. (A) Pursuant to Section 1g of Article II, Ohio	3075
Constitution, the supreme court of Ohio shall have exclusive	3076
original jurisdiction in all challenges to initiative and	3077
referendum petitions.	3078

(B) The ~~circulator of any part-petition, the~~ committee	3079
interested in ~~the~~a petition~~, or any elector may file with the~~	3080
~~board of elections a protest against the board's findings made~~	3081
~~pursuant to section 3519.15 of the Revised Code. Protests shall be~~	3082
~~in writing and shall specify reasons for the protest. Protests for~~	3083
~~all initiative and referendum petitions other than those to be~~	3084
~~voted on by electors throughout the entire state shall be filed~~	3085
~~not later than four p.m. of the seventy-fourth day before the day~~	3086
~~of the election. Once a protest is filed, the board shall proceed~~	3087
~~to establish the sufficiency or insufficiency of the signatures~~	3088
~~and of the verification of those signatures in an action before~~	3089
~~the court of common pleas in the county. The action shall be~~	3090
~~brought within three days after the protest is filed, and it shall~~	3091
~~be heard forthwith by a judge of that court, whose decision shall~~	3092
~~be certified to the board. The signatures that are adjudged~~	3093
~~sufficient or the part-petitions that are adjudged properly~~	3094
~~verified shall be included with the others by the board, and those~~	3095
~~found insufficient and all those part-petitions that are adjudged~~	3096
~~not properly verified shall not be included~~shall include upon	3097
each part-petition filed with the secretary of state a designation	3098
of the county in which the part-petition was circulated and a	3099
number for the part-petition. In any county where part-petitions	3100
are circulated, each part-petition shall be numbered sequentially.	3101
The committee shall sort the part-petitions by county. Upon filing	3102
the petition with the secretary of state, the committee also shall	3103
file the following:	3104

(1) An electronic copy of the petition along with a	3105
verification that the electronic copy is a true representation of	3106
the original filed paper petition;	3107

(2) A summary of the number of part-petitions filed per	3108
county, and the number of signatures on each part-petition;	3109

(C) From the time the petition is initially filed with the	3111
secretary of state and until the part-petitions are returned to	3112
the secretary of state by the boards of elections after a	3113
determination of sufficiency under section 3519.15 of the Revised	3114
Code, any request for the inspection or copying of the original	3115
petition filed with the secretary of state under Chapter 149. of	3116
the Revised Code is fulfilled if the secretary of state permits	3117
the inspection of or provides copies of the electronic copy of the	3118
petition filed by the circulator.	3119

(D) Discrepancies between the electronic copy of a petition	3120
filed under division (B)(1) of this section and the original paper	3121
petition filed with the secretary of state shall not render the	3122
petition invalid. Such discrepancies, if the product of fraud,	3123
shall be subject to criminal penalties under section 3599.36 of	3124
the Revised Code.	3125

(E) The properly verified part-petitions, together with ~~the~~	3126
~~report~~an electronic copy of the ~~board~~part-petitions, shall be	3127
returned to the secretary of state not less than ~~sixty~~one hundred	3128
ten days before the election, provided that, in the case of an	3129
initiated law to be presented to the general assembly, the boards	3130
shall promptly check and return the petitions together with their	3131
report. The secretary of state shall determine the sufficiency of	3132
the signatures not later than one hundred five days before the	3133
election. The secretary of state promptly shall notify the	3134
chairperson of the committee in charge of the circulation as to	3135
the sufficiency or insufficiency of the petition and the extent of	3136
the insufficiency.	3137

(F) If the petition is found insufficient because of an	3138
insufficient number of valid signatures, the committee shall be	3139
allowed ten additional days after the notification by the	3140
secretary of state for the collection and filing of additional	3141
signatures to the petition. When the secretary of state makes that	3142
notification, the secretary of state simultaneously shall provide	3143
the chairperson with the unique petition form described in	3144
division (D) of section 3519.05 of the Revised Code. No additional	3145
signatures shall be collected or submitted to the secretary of	3146
state by the committee interested in the petition, or by any	3147
person acting on behalf of the committee, during the period	3148
beginning on the date that the petition is initially submitted to	3149
the secretary of state and ending on the date that the secretary	3150
of state notifies the chairperson of the committee that the	3151
petition has an insufficient number of valid signatures. If the	3152
committee, or any person acting on behalf of the committee,	3153
submits additional signatures, the signatures must be on the form	3154
provided by the secretary of state under this division and only	3155
signatures that were signed and collected during the ten-day	3156
period to collect and submit additional signatures may be	3157
submitted. If additional signatures are filed, the secretary of	3158
state shall determine the sufficiency of those additional	3159
signatures not later than sixty-five days before the election. The	3160
part-petitions of the supplementary petition that appear to the	3161
secretary of state to be properly verified, upon their receipt by	3162
the secretary of state, shall forthwith be forwarded to the boards	3163
of the several counties together with the part-petitions of the	3164
original petition that have been properly verified. They shall be	3165
immediately examined and passed upon as to the validity and	3166
sufficiency of the signatures on them by each of the boards and	3167
returned within ~~five~~eight days to the secretary of state with	3168
the report of each board. No signature on a supplementary	3169
part-petition that is the same as a signature on an original	3170
part-petition shall be counted. The number of signatures in both	3171
the original and supplementary petitions, properly verified, shall	3172
be used by the secretary of state in determining the total number	3173
of signatures to the petition that the secretary of state shall	3174
record and announce. If they are sufficient, the amendment,	3175
proposed law, or law shall be placed on the ballot as required by	3176
law. If the petition is found insufficient, the secretary of state	3177
shall notify the committee in charge of the circulation of the	3178
petition.	3179

Section 2. That existing sections 3.02, 302.09, 305.02,	3180
503.24, 733.31, 1901.10, 2301.02, 3501.301, 3501.38, 3503.06,	3181
3503.14, 3503.16, 3503.19, 3503.28, 3505.13, 3505.18, 3505.181,	3182
3505.182, 3505.183, 3509.03, 3509.04, 3509.05, 3511.02, 3511.05,	3183
3511.09, 3513.04, 3513.262, 3513.263, 3513.30, 3513.31, 3519.05,	3184
and 3519.16 of the Revised Code are hereby repealed.	3185

Section 3. If any provision of a section of the Revised Code	3186
as amended or enacted by this act or the application thereof to	3187
any person or circumstance is held invalid, the invalidity does	3188
not affect other provisions or applications of the section or	3189
related sections which can be given effect without the invalid	3190
provision or application, and to this end the provisions are	3191
severable.	3192