To amend sections 3599.02, 3599.11, 3599.12, 3599.14, 3599.17, 3599.18, 3599.19, 3599.20, 3599.21, 3599.22, 3599.23, 3599.25, 3599.31, 3599.32, 3599.35, 3599.36, 3599.37, 3599.38, 3599.39, and 3599.40 and to repeal section 3599.30 of the Revised Code to change certain penalties in the Elections Law and to make other changes in that Law.

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

Sec. 3599.02. No person shall before, during, or after any primary, GENERAL, OR SPECIAL ELECTION OR convention, or election solicit, request, demand, receive, or contract for any money, gift, loan, property, influence, position, employment, or other thing of value for himself THAT PERSON or FOR another PERSON FOR DOING ANY OF THE FOLLOWING:

(A) For registering REGISTERING or refraining from registering TO VOTE;

(B) For agreeing AGREEING to register or to refrain from registering TO VOTE;

(C) For agreeing AGREEING to vote or refraining TO REFRAIN from voting;

(D) For voting VOTING or refraining from voting at any primary, GENERAL, OR SPECIAL ELECTION OR convention, or election for a particular person, question, or issue;

(E) For registering REGISTERING or voting, or refraining from registering or voting, or voting or refraining from voting for a particular person, question, or issue.

Whoever violates this section is guilty of bribery, and shall be fined not less than one hundred nor more than five hundred dollars or imprisoned not more than one year, or both A FELONY OF THE FOURTH DEGREE, and shall be DISFRANCHISED AND excluded from the right of suffrage and holding any public office for five years next succeeding IMMEDIATELY FOLLOWING such conviction.

Sec. 3599.11. (A) No person shall knowingly register or make application or attempt to register in a precinct in which the person is not a qualified voter; or knowingly aid or abet any person to so register; or attempt to register or knowingly induce or attempt to induce any person to so register; or fraudulently KNOWINGLY impersonate another or write or assume the name of another, real or fictitious, in registering or attempting to register; or by false statement or other unlawful means procure, aid, or attempt to procure the erasure or striking out on the register or duplicate list of the name of a qualified elector therein; or fraudulently KNOWINGLY induce or attempt to induce a registrar or other election authority to refuse registration in a precinct to an elector thereof; or willfully or corruptly KNOWINGLY swear or affirm falsely upon a lawful examination by or before any registrar or registering officer; or make, print, or issue any false or counterfeit certificate of registration or fraudulently KNOWINGLY alter any certificate of registration.

No person shall knowingly register under more than one name or knowingly induce any person to so register.

No person shall knowingly make any false statement on any form for registration or change of registration or upon any application or return envelope for an absent voter's ballot.

Whoever violates this division is guilty of a felony of the fifth degree.

(B) No person who helps another person register outside an official voter registration place shall knowingly destroy, or knowingly help another person to destroy, any completed registration form, or knowingly fail to return any registration form entrusted to that person to the board of elections on or before the thirtieth day before the election.

Whoever violates this division is guilty of a misdemeanor of the first degree.

Sec. 3599.12. (A) No person shall vote DO ANY OF THE FOLLOWING:

(1) VOTE or attempt to vote in any primary, special, or general election in a precinct in which he THAT PERSON is not a legally qualified voter ELECTOR; or vote

(2) VOTE or attempt to vote more than once at the same election BY ANY MEANS, INCLUDING VOTING OR ATTEMPTING TO VOTE BOTH BY ABSENT VOTER'S BALLOTS UNDER DIVISION (B), (C), OR (G) OF SECTION 3503.16 OF THE REVISED CODE AND BY REGULAR BALLOT AT THE POLLS AT THE SAME ELECTION, OR VOTING OR ATTEMPTING TO VOTE BOTH BY ABSENT VOTER'S BALLOTS UNDER DIVISION (B), (C), OR (G) OF SECTION 3503.16 OF THE REVISED CODE AND BY ABSENT VOTER'S BALLOTS UNDER CHAPTER 3509. OR ARMED SERVICE ABSENT VOTER'S BALLOTS UNDER CHAPTER 3511. OF THE REVISED CODE AT THE SAME ELECTION; or impersonate

(3) IMPERSONATE or sign the name of another person, real or fictitious, living or dead, and vote or attempt to vote as such THAT OTHER person in any such election; or vote or attempt to vote at any primary the ballot of a political party with which he has not been affiliated, as required by section 3513.19 of the Revised Code, or with which he did not vote at the last election; or cast

(4) CAST a ballot at any such election after objection has been made and sustained to his THAT PERSON'S vote; or knowingly

(5) KNOWINGLY vote or attempt to vote a ballot other than the official ballot.

(B) Whoever violates DIVISION (A) OF this section is guilty of a felony of the fourth degree.

Sec. 3599.14. (A) No person shall knowingly, directly or indirectly, do any of the following in connection with an initiative, supplementary, referendum, recall, local option, or ANY DECLARATION OF CANDIDACY, DECLARATION OF INTENT TO BE A WRITE-IN CANDIDATE, nominating petition, OR OTHER PETITION PRESENTED TO OR FILED WITH THE SECRETARY OF STATE, A BOARD OF ELECTIONS, OR ANY OTHER PUBLIC OFFICE FOR THE PURPOSE OF BECOMING A CANDIDATE FOR ANY ELECTIVE OFFICE, INCLUDING THE OFFICE OF A POLITICAL PARTY, FOR THE PURPOSE OF SUBMITTING A QUESTION OR ISSUE TO THE ELECTORS AT AN ELECTION, OR FOR THE PURPOSE OF FORMING A POLITICAL PARTY:

(1) Misrepresent the contents, purport PURPOSE, or effect of the petition OR DECLARATION for the purpose of persuading a person to sign or refrain from signing the petition OR DECLARATION;

(2) Pay or offer to pay anything of value for signing or refraining from signing the petition OR DECLARATION;

(3) Promise to assist any person to obtain appointment to an office or position as a consideration for obtaining or preventing signatures to the petition OR DECLARATION;

(4) Obtain or prevent signatures to the petition OR DECLARATION as a consideration for the assistance or promise of assistance of a person in securing appointment to an office or position;

(5) Circulate or cause to be circulated the petition OR DECLARATION knowing it to contain false, forged, or fictitious names;

(6) Add signatures or names except his or her THE PERSON'S own name on the petition OR DECLARATION;

(7) Make a false certification or statement concerning the petition OR DECLARATION;

(8) File with the election authorities the petition OR DECLARATION knowing it to contain false, forged, or fictitious names;

(9) Fail to fill out truthfully and file all itemized statements required by law in connection WITH the petition OR DECLARATION.

(B) As used in division (A) of this section, "referendum petition" includes a referendum petition that is described in and subject to sections 305.31 to 305.41 of the Revised Code.

(C) Whoever violates division (A) of this section shall be fined not less than one hundred nor more than five hundred dollars, imprisoned not more than six months, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.

Sec. 3599.17. (A) No ELECTIONS OFFICIAL SERVING AS A registrar or, judge, or clerk of elections shall fail DO ANY OF THE FOLLOWING:

(1) FAIL to appear before the board of elections, or its representative, after notice has been served personally upon him THE OFFICIAL or left at his THE OFFICIAL'S usual place of residence, for examination as to his THE OFFICIAL'S qualifications; or fail

(2) FAIL to appear at the polling place to which he THE OFFICIAL is assigned at the hour and during the hours set for the registration or election; or fail

(3) FAIL to take the oath prescribed by section 3501.31 of the Revised Code, unless excused by such board; or refuse

(4) REFUSE or sanction the refusal of another registrar or judge of elections to administer an oath required by law; or fail

(5) FAIL to send notice to the board of the appointment of a judge or clerk to fill a vacancy; or act

(6) ACT as registrar, judge, or clerk without having been appointed and having received a certificate of appointment, except a judge or clerk appointed to fill a vacancy caused by absence or removal; or in any other way fail

(7) FAIL IN ANY OTHER WAY to perform any duty imposed by law.

(B) Whoever violates DIVISION (A) OF this section shall be fined not less than twenty-five nor more than one hundred dollars or imprisoned not more than fifteen days, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.

Sec. 3599.18. (A) No registrar of electors ELECTION OFFICIAL, PERSON ASSISTING IN THE REGISTRATION OF ELECTORS, or police officer shall refuse KNOWINGLY DO ANY OF THE FOLLOWING:

(1) REFUSE, neglect, or unnecessarily delay, hinder, or prevent the registration of a qualified voter ELECTOR, who in a lawful manner applies for registration; or enter

(2) ENTER or consent to the entry of a fictitious name for registration ON A VOTER REGISTRATION LIST; or alter

(3) ALTER the name ON or remove or destroy the registration card or form of any qualified voter ELECTOR; or willfully neglect or corruptly

(4) NEGLECT, UNLAWFULLY execute, or fail to execute any duty enjoined upon him THAT PERSON as a registrar AN ELECTION OFFICIAL, PERSON ASSISTING IN THE REGISTRATION OF ELECTORS, OR POLICE OFFICER.

(B) Whoever violates DIVISION (A) OF this section shall be fined not less than one hundred nor more than five hundred dollars or imprisoned not more than one year, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.

Sec. 3599.19. (A) No judge or clerk of elections shall unlawfully KNOWINGLY DO ANY OF THE FOLLOWING:

(1) UNLAWFULLY open or permit to be opened the sealed package containing registration lists, ballots, blanks, pollbooks, and other papers and material to be used in the AN election; or unlawfully

(2) UNLAWFULLY misplace, carry away, negligently lose or permit to be taken from him THE JUDGE OR CLERK, fail to deliver, or destroy any such packages, papers, or material; or knowingly receive

(3) RECEIVE or sanction the reception of a ballot from a person not a qualified elector or from a person who refused to answer a question in accordance with the election law; or refuse

(4) REFUSE to receive or sanction the rejection of a ballot from a person, knowing him THAT PERSON to be a qualified elector; or knowingly permit

(5) PERMIT a fraudulent ballot to be placed in the ballot box; or place

(6) PLACE or permit to be placed in any ballot box any ballot known by him THE JUDGE OR CLERK to be improperly or fraudulently FALSELY marked; or knowingly count

(7) COUNT or permit to be counted any illegal or fraudulent ballot; or mislead

(8) MISLEAD an elector who is physically unable to prepare his THE ELECTOR'S ballot; or, mark a ballot for such elector otherwise than as directed by him; THAT ELECTOR, or disclose to any person, except when legally required to do so, how such elector voted; or when counting the ballots alter

(9) ALTER or mark or permit any alteration or marking on any ballot WHEN COUNTING THE BALLOTS; or wrongfully

(10) UNLAWFULLY count or tally or sanction the wrongful counting or tallying of votes; or after

(11) AFTER the counting of votes commences, as required by law, postpone or sanction the postponement of the counting of votes, adjourn at any time or to any place, or remove the ballot box from the place of voting, or from the custody or presence of all the judges and clerks of such elections; or permit

(12) PERMIT any ballot to remain or to be in the ballot box at the opening of the polls, or to be put therein IN THE BOX during the counting of the ballots, or to be left therein IN THE BOX without being counted; or admit

(13) ADMIT or sanction the admission to the polling room at an election during the receiving, counting, and certifying of votes of any person not qualified by law to be so admitted; or refuse

(14) REFUSE to admit or sanction the refusal to admit any person, upon lawful request therefor FOR ADMISSION, who is legally qualified to be present; or permit

(15) PERMIT or sanction the counting of the ballots contrary to the manner prescribed by law; or willfully neglect

(16) NEGLECT or corruptly UNLAWFULLY execute any duty enjoined upon him THE JUDGE OR CLERK by law.

(B) Whoever violates DIVISION (A) OF this section shall be fined not less than one hundred nor more than five hundred dollars or imprisoned not less than three nor more than six months, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.

Sec. 3599.20. No person shall attempt to induce an elector to show how he THE ELECTOR marked his THE ELECTOR'S ballot at an election; or, being an elector, allow his THE ELECTOR'S ballot to be seen by another, except as provided by section 3505.24 of the Revised Code, with the apparent intention of letting it be known how he THE ELECTOR is about to vote; or make a false statement as to his THE ELECTOR'S ability to mark his THE ballot; or purposely KNOWINGLY mark his THE ballot so it may be identified after it has been cast; or attempt to interfere with an elector in the voting booth when marking his THE ELECTOR'S ballot; or willfully KNOWINGLY destroy or mutilate a lawful ballot; or remove from the polling place or be found in unlawful possession of a lawful ballot outside the enclosure provided for voting; or willfully KNOWINGLY hinder or delay the delivery of a lawful ballot to a person entitled to receive it; or give to an elector a ballot printed or written contrary to law; or forge or falsely make an official indorsement on a ballot.

Whoever violates this section shall be fined not less than twenty-five nor more than five hundred dollars or imprisoned not more than six months, or both IS GUILTY OF A FELONY OF THE FIFTH DEGREE.

Sec. 3599.21. (A) No person shall impersonate KNOWINGLY DO ANY OF THE FOLLOWING:

(1) IMPERSONATE another, or make a false representation in order to obtain an absent voter's ballot; or knowingly connive to help

(2) AID OR ABET a person to vote an absent voter's ballot illegally; or being

(3) IF THE PERSON IS an election official, open, destroy, steal, mark, or mutilate any absent voter's ballot; or

(4) AID OR abet another PERSON to open, destroy, steal, mark, or mutilate any absent voter's ballot after the ballot has been voted; or delay

(5) DELAY the delivery of any such ballot with a view to preventing its arrival in time to be counted; or hinder

(6) HINDER or attempt to hinder the delivery or counting of such absent voter's ballot;

(7) FAIL TO FORWARD TO THE APPROPRIATE ELECTION OFFICIAL AN ABSENT VOTER'S BALLOT APPLICATION ENTRUSTED TO THAT PERSON TO SO FORWARD.

(B) Whoever violates DIVISION (A) OF this section is guilty of a felony of the fourth degree.

Sec. 3599.22. (A) No person employed to print or engage in printing the official ballots shall print KNOWINGLY DO ANY OF THE FOLLOWING:

(1) PRINT or cause or permit to be printed an official ballot other than according to the copy OFFICIAL BALLOT furnished him by the board of elections or a false or fraudulent ballot; or print;

(2) PRINT or permit to be printed more ballots than are delivered to the board; or appropriate

(3) APPROPRIATE, give, deliver, or knowingly permit to be taken away any of such ballots by a person other than the person authorized by law to do so; or print

(4) PRINT such ballots on paper other than that provided in the contract with the board; or willfully seal up or cause or permit to be sealed up in packages

(5) PACKAGE or deliver to the board a less number of FEWER ballots than the number indorsed thereon THE BOARD DIRECTED TO BE PRINTED.

(B) Whoever violates DIVISION (A) OF this section shall be fined not less than two hundred nor more than one thousand dollars or imprisoned not more than six months, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.

Sec. 3599.23. (A) No printer or other person entrusted with the printing, custody, or delivery of registration cards or forms, ballots, blanks, pollbooks, cards of instruction, or other required papers shall unlawfully DO ANY OF THE FOLLOWING:

(1) KNOWINGLY AND UNLAWFULLY open or permit to be opened a sealed package containing ballots or other printed forms; or give

(2) KNOWINGLY GIVE or deliver to another not lawfully entitled thereto TO THEM, or unlawfully misplace or carry away, or negligently lose or permit to be taken from him, or KNOWINGLY fail to deliver, or KNOWINGLY destroy any such forms or packages of ballots, or a ballot, pollbooks, cards of instruction, or other required papers;

(3) NEGLIGENTLY LOSE OR PERMIT TO BE TAKEN FROM THE PRINTER OR OTHER ENTRUSTED PERSON ANY OF THE MATERIALS DESCRIBED IN DIVISION (A)(2) OF THIS SECTION.

(B) No person entrusted with the preparation, custody, or delivery of marking devices shall unlawfully DO EITHER OF THE FOLLOWING:

(1) UNLAWFULLY open or permit to be opened a sealed package containing marking devices, or give or deliver to another not lawfully entitled thereto, or unlawfully TO THEM ANY SUCH MARKING DEVICES;

(2) UNLAWFULLY or carelessly use or negligently lose or permit to be taken from him THE PRINTER OR OTHER ENTRUSTED PERSON and fail to deliver or destroy, any such marking devices.

(C) Whoever violates DIVISION (A)(1) OR (2) OR (B) OF this section shall be fined not less than one hundred dollars or imprisoned not more than one year, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. WHOEVER VIOLATES DIVISION (A)(3) OF THIS SECTION IS GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE.

Sec. 3599.25. (A) No person shall counsel KNOWINGLY DO ANY OF THE FOLLOWING:

(1) COUNSEL or advise another to vote at an election, knowing that he THE PERSON is not a qualified voter; or advise

(2) ADVISE, aid, or assist another person to go or come into a precinct for the purpose of voting therein IN IT, knowing that such person is not qualified to vote therein IN IT; or counsel

(3) COUNSEL, advise, or attempt to induce an election officer to permit a person to vote, knowing such person is not a qualified elector.

(B) Whoever violates DIVISION (A) OF this section shall be fined not less than one hundred nor more than five hundred dollars or imprisoned not less than one nor more than six months, or both IS GUILTY OF A FELONY OF THE FOURTH DEGREE.

Sec. 3599.31. No officer of the law shall fail to obey forthwith an order of the presiding judge and aid in enforcing a lawful order of the presiding judges at an election, against persons unlawfully congregating or loitering within one hundred feet of a polling place, hindering or delaying an elector from reaching or leaving the polling place, soliciting or attempting, within one hundred feet of the polling place, to influence an elector in casting his THE ELECTOR'S vote, or interfering with the registration of voters or casting and counting of the ballots.

Whoever violates this section shall be fined not less than fifty nor more than one thousand dollars or imprisoned not more than thirty days, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.

Sec. 3599.32. No official upon whom a duty is imposed by an election law for the violation of which no penalty is otherwise provided shall willfully KNOWINGLY disobey such election law.

Whoever violates this section shall be fined not less than fifty nor more than one thousand dollars or imprisoned not more than one year, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.

Sec. 3599.35. No party committeeman COMMITTEEPERSON or party delegate or alternate chosen at an election, or a delegate or alternate appointed to a convention provided by law, shall give or issue a proxy or authority to another person to act or vote in his THAT PERSON'S stead.

No person shall knowingly or fraudulently act or vote or attempt to impersonate, act, or vote in place of such committeeman or THAT COMMITTEEPERSON, delegate, OR ALTERNATE.

Whoever violates this section shall be fined not less than fifty nor more than five hundred dollars or imprisoned not more than sixty days, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.

Sec. 3599.36. No person, either orally or in writing, on oath lawfully administered or in a statement made under penalty of election falsification, shall purposely KNOWINGLY state a falsehood as to a material matter relating to an election in a proceeding before a court, tribunal, or officer created by law ELECTION OFFICIAL, or in a matter in relation to which an oath or statement under penalty of election falsification is authorized by law, including a statement required for verifying or filing a ANY DECLARATION OF CANDIDACY, DECLARATION OF INTENT TO BE A WRITE-IN CANDIDATE, nominating, initiative, supplementary, referendum, or recall petition, or OTHER petition paper PRESENTED TO OR FILED WITH THE SECRETARY OF STATE, A BOARD OF ELECTIONS, OR ANY OTHER PUBLIC OFFICE FOR THE PURPOSE OF BECOMING A CANDIDATE FOR ANY ELECTIVE OFFICE, INCLUDING THE OFFICE OF A POLITICAL PARTY, FOR THE PURPOSE OF SUBMITTING A QUESTION OR ISSUE TO THE ELECTORS AT AN ELECTION, OR FOR THE PURPOSE OF FORMING A POLITICAL PARTY.

Whoever violates this section is guilty of election falsification, which is a misdemeanor FELONY of the first FIFTH degree.

Every paper, card, or other document relating to any election matter which THAT calls for a statement to be made under penalty of election falsification shall be accompanied by the following statement in bold face capital letters: "The penalty for WHOEVER COMMITS election falsification is imprisonment for not more than six months, or a fine of not more than one thousand dollars, or both GUILTY OF A FELONY OF THE FIFTH DEGREE."

Sec. 3599.37. (A) No person having been subpoenaed or ordered to appear before a grand jury, court, board, or officer in a proceeding or prosecution upon a complaint, information, affidavit, or indictment for an offense under an election law shall fail DO EITHER OF THE FOLLOWING:

(1) FAIL to appear or, having appeared, refuse to answer a question pertinent to the matter under inquiry or investigation; or refuse

(2) REFUSE to produce, upon reasonable notice, any material, books, papers, documents, or records in his THAT PERSON'S possession or under his THAT PERSON'S control.

(B) Whoever violates DIVISION (A) OF this section shall, unless he THE VIOLATOR claims his THE VIOLATOR'S constitutional rights, be fined not less than one hundred nor more than one thousand dollars or imprisoned not less than thirty days nor more than six months IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.

Sec. 3599.38. (A) No judge, clerk ELECTION OFFICIAL, witness, CHALLENGER, deputy sheriff, special deputy sheriff, OR police officer, or other election officer, while performing the THAT PERSON'S duties of his office RELATED TO THE CASTING OF VOTES, shall wear DO EITHER OF THE FOLLOWING:

(1) WEAR any badge, sign, or other insignia or thing indicating his THAT PERSON'S preference for any candidate or for any question submitted or influence AT AN ELECTION;

(2) INFLUENCE or attempt to influence any voter to cast his THE VOTER'S ballot for or against any candidate or issue submitted at such AN election.

(B) Whoever violates DIVISION (A) OF this section shall be fined not less than fifty nor more than one hundred dollars and imprisoned not less than thirty days nor more than six months IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.

Sec. 3599.39. Any person convicted of a violation of any provision of Title XXXV of the Revised Code, who is again convicted of a violation of any such provision, whether such conviction is for the same offense or not, shall IS on such second conviction be fined not less than five hundred nor more than one thousand dollars or imprisoned not less than one nor more than five years, or both GUILTY OF A FELONY OF THE FOURTH DEGREE, and in addition, such person shall be disfranchised.

Sec. 3599.40. Whoever EXCEPT AS OTHERWISE PROVIDED IN SECTION 3599.39 of the Revised Code, WHOEVER violates any provision of Title XXXV of the Revised Code, unless otherwise provided in such title, is guilty of a misdemeanor of the first degree.