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Sub. H. B. No. 234 As Concurred by the House
As Concurred by the House
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Wolpert, Kearns, C. Evans, D. Evans, Beatty, S. Smith, Widowfield, Trakas, Hood, D. Stewart, Law, Uecker, Calvert, Combs, DeBose, Dolan, Domenick, Flowers, Hartnett, Harwood, Healy, Hoops, Hughes, McGregor, J., T. Patton, Perry, Schneider, Seaver, G. Smith, J. Stewart, White
Senators Cates, Niehaus, Mumper, Grendell, Clancy, Coughlin, Goodman, Padgett, Austria, Harris
A BILL
To amend sections 3501.17, 3501.22, 3501.27, 3503.16, 3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.07, 3509.08, 3511.02, 3511.04, 3511.09, 3599.12, 3599.21, and 4109.06 and to enact sections 3509.022, 3509.09, and 3511.13 of the Revised Code to permit a board of elections, in conjunction with a board of education, the governing authority of a community school, or the chief administrator of a nonpublic school, to establish a program permitting certain high school seniors to serve as precinct officers on the day of an election, and to revise the law governing absent voter's ballots and armed service absent voter's ballots.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.17, 3501.22, 3501.27, 3503.16, 3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.07, 3509.08, 3511.02, 3511.04, 3511.09, 3599.12, 3599.21, and 4109.06 be amended and sections 3509.022, 3509.09, and 3511.13 of the Revised Code be enacted to read as follows:
Sec. 3501.17. (A) The expenses of the board of elections shall
be paid from the county treasury, in pursuance of appropriations
by the board of county commissioners, in the same manner as other
county expenses are paid. If the board of county commissioners
fails to appropriate an amount sufficient to provide for the
necessary and proper expenses of the board of elections pertaining to the conduct of elections, other than expenses for employee compensation and benefits incurred in the conduct of elections,
the board of elections may apply to the court of common pleas within the county,
which shall fix the amount necessary to be appropriated and
the amount shall be appropriated. Payments shall be made upon
vouchers of the board of elections certified to by its
chairperson or acting chairperson and the
director or deputy director, upon warrants of the county auditor. The board
of elections shall not
incur any obligation involving the expenditure of money unless
there are moneys sufficient in the funds appropriated therefor to
meet the obligation as required in division (D) of section 5705.41 of the Revised Code. If the board of elections requests a transfer of funds from one of its appropriation items to another, the board of county commissioners shall adopt a resolution providing for the transfer except as otherwise provided in section 5705.40 of the Revised Code. The expenses of the board of elections shall be apportioned among
the county and the various subdivisions as provided in this
section, and the amount chargeable to each subdivision shall be
withheld by the auditor from the moneys payable thereto at the
time of the next tax settlement. At the time of submitting
budget estimates in each year, the board of elections shall
submit to the taxing authority of each subdivision, upon the
request of the subdivision, an estimate of the amount to be
withheld from the subdivision during the next fiscal year. (B) Except as otherwise provided in division
(F) of this section, the entire compensation of the members of
the board of elections and of the director, deputy director, and other
employees in the board's offices; the expenditures for the
rental, furnishing, and equipping of the office of the board and
for the necessary office supplies for the use of the board; the
expenditures for the acquisition, repair, care, and custody of
the polling places, booths, guardrails, and other equipment for
polling places; the cost of pollbooks, tally sheets, maps, flags,
ballot boxes, and all other permanent records and equipment; the
cost of all elections held in and for the state and county; and
all other expenses of the board which are not chargeable to a
political subdivision in accordance with this section shall be
paid in the same manner as other county expenses are paid. (C) The compensation of judges and clerks of elections; the
cost of renting, moving, heating, and lighting polling places and
of placing and removing ballot boxes and other fixtures and
equipment thereof; the cost of printing and delivering ballots,
cards of instructions, and other election supplies; and all other
expenses of conducting primaries and elections in the
odd-numbered years shall be charged to the subdivisions in and
for which such primaries or elections are held. The charge for
each primary or general election in odd-numbered years for each
subdivision shall be determined in the following manner: first,
the total cost of all chargeable items used in conducting such
elections shall be ascertained; second, the total charge shall be
divided by the number of precincts participating in such
election, in order to fix the cost per precinct; third, the cost
per precinct shall be prorated by the board of elections to the
subdivisions conducting elections for the nomination or election
of offices in such precinct; fourth, the total cost for each
subdivision shall be determined by adding the charges prorated to
it in each precinct within the subdivision. (D) The entire cost of special elections held on a day other
than the day of a primary or general election, both in
odd-numbered or in even-numbered years, shall be charged to the
subdivision. Where a special election is held on the same day as
a primary or general election in an even-numbered year, the
subdivision submitting the special election shall be charged only
for the cost of ballots and advertising. Where a special
election is held on the same day as a primary or general election
in an odd-numbered year, the subdivision submitting the special
election shall be charged for the cost of ballots and advertising
for such special election, in addition to the charges prorated to
such subdivision for the election or nomination of candidates in
each precinct within the subdivision, as set forth in the
preceding paragraph. (E) Where a special election is held on the day specified by
division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, for the purpose of submitting to
the voters of the state constitutional amendments proposed by the
general assembly, and a subdivision conducts a special election
on the same day, the entire cost of the special election shall be
divided proportionally between the state and the subdivision
based upon a ratio determined by the number of issues placed on
the ballot by each, except as otherwise provided in division
(G) of this section. Such proportional division of cost shall be
made only to the extent funds are available for such purpose from
amounts appropriated by the general assembly to the secretary of
state. If a primary election is also being conducted in the
subdivision, the costs shall be apportioned as otherwise provided
in this section. (F) When a precinct is open during a general, primary, or special
election solely for the purpose of submitting to the voters a statewide ballot
issue, the state shall bear the entire cost of the election in that precinct
and shall reimburse the county for all expenses incurred in opening the
precinct. (G) The state shall bear the entire cost of advertising in
newspapers statewide ballot issues, explanations of those issues, and
arguments for or against those issues, as required by Section
1g of Article II and Section 1 of
Article XVI, Ohio
Constitution, and any other section of law and shall reimburse the
counties for all expenses they incur for such advertising. (H) The cost of renting, heating, and lighting registration
places; the cost of the necessary books, forms, and supplies for
the conduct of registration; and the cost of printing and posting
precinct registration lists shall be charged to the subdivision
in which such registration is held. (I) As used in this section, "statewide ballot issue" means any
ballot issue, whether proposed by the general assembly or by initiative or
referendum, that is submitted to the voters throughout the state.
Sec. 3501.22. (A) On or before the fifteenth day of September
in each year, the board of elections by a majority vote shall,
after careful examination and investigation as to their
qualifications, appoint for each election precinct four competent
electors, residents of the county in which the precinct is
located, as judges. Such electors Except as otherwise provided in division (C) of this section, all judges of election shall be qualified electors. The judges shall constitute the election
officers of the precinct. Not more than one-half of the
total number of judges
shall be members of the same political party. The term of such
precinct officers shall be for one year. The board may, at any
time, designate any number of election officers, not more than one-half of
whom shall be members of the same political
party, to perform their duties at
any precinct in any election. The board may appoint additional
officials, equally divided between the two major political
parties, when necessary to expedite voting. Vacancies for unexpired terms shall be filled by the board.
When new precincts have been created, the board shall appoint
judges for such those precincts for the unexpired term. Any judge may
be summarily removed from office at any time by the board for
neglect of duty, malfeasance, or misconduct in office, or for any
other good and sufficient reason. Precinct election officials shall perform all of the duties provided by law
for receiving the ballots and supplies, opening and closing the polls, and
overseeing the casting of ballots during the time the polls are open, and any
other duties required by section 3501.26 of the Revised Code. A board of elections may designate two precinct election officials as
counting officials to count and tally the votes cast and certify the results
of the election at each precinct, and perform such other duties as are
provided by law. To expedite the counting of votes at each precinct, the
board may appoint additional officials,
not more than one-half of whom shall be members of the same
political party. The board shall designate one of the precinct election officials who is a
member of the dominant political party to serve
as a presiding judge, whose duty it is to deliver the returns of the election
and all supplies to the office of the board. For these services, the presiding
judge shall receive additional compensation in an amount, consistent with
section 3501.28 of the Revised Code, determined by the board of elections. The board shall issue to each precinct election official a certificate of
appointment, which the official shall present to the presiding judge at the
time the polls are opened. (B) If the board of elections determines that not enough
qualified electors in a precinct are available to serve as precinct officers,
it may appoint persons to serve as precinct officers at a primary, special, or
general election who are at least seventeen years of age and are registered to
vote in accordance with section 3503.07 of the Revised Code. No more than two
precinct
officers in any precinct shall be under eighteen years of age.
(C)(1) A board of elections, in conjunction with the board of education of a city, local, or exempted village school district, the governing authority of a community school established under Chapter 3314. of the Revised Code, or the chief administrator of a nonpublic school may establish a program permitting certain high school students to apply and, if appointed by the board of elections, to serve as precinct officers at a primary, special, or general election.
In addition to the requirements established by division (C)(2) of this section, a board of education, governing authority, or chief administrator that establishes a program under this division in conjunction with a board of elections may establish additional criteria that students shall meet to be eligible to participate in that program. (2)(a) To be eligible to participate in a program established under division (C)(1) of this section, a student shall be a United States citizen, a resident of the county, at least seventeen years of age, and enrolled in the senior year of high school. (b) Any student applying to participate in a program established under division (C)(1) of this section, as part of the student's application process, shall declare the student's political party affiliation with the board of elections. (3) No student appointed as a precinct officer pursuant to a program established under division (C)(1) of this section shall be designated as a presiding judge. (4) Any student participating in a program established under division (C)(1) of this section shall be excused for that student's absence from school on the day of an election at which the student is serving as a precinct officer.
(D) Not more than one precinct officer in any given precinct shall be under eighteen years of age.
Sec. 3501.27. (A) All judges of election shall be
qualified electors who have completed complete a program of instruction
pursuant to division (B) of this section. No person who has been
convicted of a felony, or any violation of the election laws, or
who is unable to read and write the English language readily, or
who is a candidate for an office to be voted for by the voters of
the precinct in which he the person is to serve shall serve as
an election
officer. A person when appointed as an election officer shall
receive from the board of elections a certificate of appointment
which that may be revoked at any time by the board for good and
sufficient reasons. Such The certificate shall be in such the form as
the board prescribes and shall specify the precinct, ward, or
district in and for which the person to whom it is issued is
appointed to serve, the date of appointment, and the expiration
of his the person's term of service. (B) Each board shall establish a program as prescribed by
the secretary of state for the instruction of election officers
in the rules, procedures, and law relating to elections. In each
program, the board shall use training materials prepared by the
secretary of state, and may use additional materials prepared by
or on behalf of the board. The board may use the services of
unpaid volunteers in conducting its program and may reimburse
such those volunteers for necessary and actual expenses incurred in
participating in the program. The board shall train each new election officer before the
new officer participates in his the first election in that
capacity. The board shall instruct election officials who have been trained
previously only when the board or secretary of state considers such that
instruction necessary, but the board shall reinstruct such
persons, other than presiding judges, at least once in every
three years and shall reinstruct presiding judges before the
primary election in even-numbered years. The board shall
schedule any program of instruction within sixty days prior to
the election in which the officials to be trained will
participate. (C) The duties of a judge of an election in each polling
place shall be performed only by an individual who has
successfully completed the requirements of the program, unless
such an individual is unavailable after reasonable efforts to
obtain such services. (D) The secretary of state shall establish a program for
the instruction of members of boards of elections and employees
of boards in the rules, procedures, and law relating to
elections. Each member and employee shall complete the training
program within six months after his the member's or employee's
original appointment or employment, and thereafter, each member and employee
shall complete a training program to update their knowledge once every
four years or more often as determined by the secretary of state. (E) The secretary of state shall reimburse each county for
the cost of programs established pursuant to division (B) of this
section, once he the secretary of state has received an itemized
statement of expenses for such instruction programs from the county. The
itemized statement shall be in a form prescribed by the secretary of state.
Sec. 3503.16. (A) Whenever a registered elector changes
the place of residence of that registered elector
from one precinct to another within a
county or from one county to another, or has a change
of name, that registered elector shall report the change
by delivering a change of residence or
change of name form, whichever is appropriate, as prescribed by
the secretary of state under section 3503.14 of the Revised Code
to the state or local office of a designated agency, a public high
school or vocational school, a public library, the office of the county
treasurer, the office
of the secretary of state, any office of the registrar or deputy
registrar of motor vehicles, or any office of a board of
elections in person or by
a third person. Any voter registration, change of address, or change of
name application, returned by mail, may be sent only to the secretary of state
or the board of elections. A registered elector also may update the
registration of that registered elector by filing a change of residence
or change of name form on the day of
a special, primary, or general election at the polling place in
the precinct in which that registered elector resides or at
the board of elections or
at another site designated by the board. (B)(1) Any registered elector who moves within a precinct or
changes the name of that registered elector and remains within a precinct on
or prior to the day of a general, primary, or special election and has not
filed a notice of change of residence or change of name, whichever is
appropriate, with the board of elections may vote in that election by going to
that registered elector's assigned polling place, completing and signing a
notice of change of residence or change of name, whichever is appropriate, and
casting a ballot. (2) Any registered elector who moves
from one precinct to another within a county or moves from one precinct to
another and changes the name of that registered
elector on or prior to the day of a general, primary, or special election
and has not filed a notice of change of residence or change of
name, whichever is appropriate, with the board of elections may
vote in that election if that registered elector complies with
division (G) of this
section or does all of the following: (a) Appears at anytime during
regular business hours
on or after the twenty-eighth day
prior to the
election in which that registered elector wishes to vote, or
if the election is held
on the day of a presidential primary election, the twenty-fifth
day prior to the election, through noon of the Saturday prior to
the election or during regular business hours on the Monday prior
to the election at the office of the board of elections, or
appears on the day of the election at either of the following
locations: (i) The polling place in the precinct in which
that registered elector resides; (ii) The location designated by the board of elections, which
shall be the office of the board or another
appropriate site designated by the board in the county in which
that registered elector resides. (b) Completes and signs, under penalty of election
falsification, a notice of change of residence or change of name,
whichever is appropriate, and files it with election officials at
the polling place, at the office of the board of elections, or at
the site designated by the board, whichever is appropriate; (c) Votes at the polling place, at the office of the board
of elections, or at the site designated by the board, whichever
is appropriate, by absent voter's ballots using the address to
which that registered elector has moved or
the name of that registered elector as changed, whichever is
appropriate; (d) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector moved or had a change of name, whichever
is appropriate, on or prior to the day of the
election, has voted at the polling place in the precinct in
which that registered elector resides, at the office of the
board of elections, or
at the site designated by the board, whichever is appropriate,
and will not vote or attempt to vote at any other
location for that particular election. The statement required
under division (B)(2)(d) of this section may shall be included on
the
notice of change of residence or change of name, whichever is
appropriate, required under division (B)(2)(b) of this section. (C) Any registered elector who moves from one county to
another county within the state on or prior to the day of a
general, primary, or special election and has not registered to
vote in the county to which that registered elector moved may
vote in that election if that registered elector complies with
division (G) of this section or does all of the following: (1) Appears at any time during regular
business
hours on or after the
twenty-eighth day prior to
the election in which that registered elector wishes to vote,
or if the election is
held on the day of a presidential primary election, the
twenty-fifth day prior to the election, through noon of the
Saturday prior to the election or during regular business hours
on the Monday prior to the election at the office of the board of
elections, or appears on the day of the
election at the
location designated by the board of elections, which shall be
either the office of the board or another appropriate site
designated by the board in the county in which that registered
elector resides; (2) Completes and signs, under penalty of election
falsification, a notice of change of residence and files it with
election officials at the board or at the site designated by the
board, whichever is appropriate; (3) Votes at the office of the board of elections or at a
site designated by the board by absent voter's ballots using the
address to which that registered elector has moved; (4) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector has moved from one
county to another county within the state on or prior to the day
of the election, has voted at the office of the board of
elections or at the site designated by the board, whichever is
appropriate, and will not vote or attempt to vote at any
other location for that particular election. The statement
required under division (C)(4) of this section may shall be included on
the notice of change of residence required under division (C)(2)
of this section. (D) A person who votes by absent voter's ballots pursuant
to division (B), (C), or (G) of this
section shall not make written
application for the ballots pursuant to Chapter 3509. of the
Revised Code. Ballots cast pursuant to division (B),
(C), or (G) of
this section shall be set aside in a special envelope and counted
during the official canvass of votes in the manner provided for
in sections 3505.32 and 3509.06 of the Revised Code insofar as
that manner is applicable. The board shall examine the pollbooks
to verify that no ballot was cast at the polls or by absent voter's ballots
under Chapter 3509. or 3511. of the Revised Code by an elector who
has voted by absent voter's ballots pursuant to division (B),
(C), or (G) of this section. Any ballot determined to
be insufficient
for any of the reasons stated above or stated in section 3509.07
of the Revised Code shall not be counted. A board of elections may lease or otherwise acquire a site
different from the office of the board at which registered
electors may vote pursuant to division (B) or (C) of this
section. (E) Upon receiving a change of residence or change
of name form, the board of elections shall immediately send the registrant an
acknowledgment
notice. If the change of residence or change
of name form is valid, the board shall update the voter's registration as
appropriate. If that form is incomplete, the board shall inform the
registrant in the acknowledgment notice specified in this division of the
information necessary to complete or update that
registrant's registration. (F) Change of residence and change of name forms shall be
available at each polling place, and when these forms are
completed, noting changes of residence or name, as appropriate,
they shall be filed with election officials at the polling place.
Election officials shall return completed forms, together with
the pollbooks and tally sheets, to the board of elections. The board of elections shall provide change of residence
and change of name forms to the probate court and court of common
pleas. The court shall provide the forms to any person eighteen
years of age or older who has a change of name by
order of the court
or who applies for a marriage license. The court shall forward
all completed forms to the board of elections within five days
after receiving them. (G) A registered elector who otherwise would qualify to vote
under division (B) or (C) of this section but is unable to
appear at the office of the board or other location designated by the
board on account of personal illness, physical disability, or
infirmity, may vote on the day of the election if that registered elector does
all of the following: (1) Makes a written application that includes all of the information required under section 3509.03 of the Revised Code to the appropriate board for an absent
voter's ballot on or after the twenty-seventh day prior to
the election in which the registered elector wishes to vote through noon of
the Saturday prior to that election and requests that the absent
voter's ballot be sent to the address to which the registered elector has
moved if the registered elector has moved,
or to the address of that registered elector who has not moved
but has had a change of name; (2) Declares that the registered elector has moved or had a change of
name, whichever is
appropriate, and otherwise is qualified to vote under the circumstances
described in division (B) or (C) of this section, whichever
is appropriate, but that the registered elector is unable to appear at the
board or other
location designated by the board because of personal illness, physical
disability, or infirmity; (3) Completes and returns along with the completed absent voter's ballot
a notice of change of residence indicating the address to which the registered
elector has moved, or a notice of change of name, whichever is appropriate; (4) Completes and signs, under penalty of election falsification, a
statement attesting that the registered elector has moved or had a change of
name on or prior to the day before the election, has voted by absent voter's
ballot because
of personal illness, physical disability, or infirmity that prevented
the registered elector from appearing at the board or other location
designated by the board, and will not vote or attempt to vote at any other
location or by absent voter's ballot mailed to any other location or address
for that particular election. Sec. 3509.02. (A) Any qualified elector
who meets any of
the
following qualifications
may vote by absent voter's
ballots at
an election: (1) The elector is sixty-two years of age or older.
(2) The elector's employment as a full-time fire fighter,
full-time peace
officer as
defined in division (B) of section
2935.01
of the Revised Code, or full-time
provider of emergency
medical services may prevent the elector from voting at
the
elector's polling place on the day of the election.
(3) The elector is a member of the organized militia,
serving on active
duty within
this state, and will be unable to
vote on election day on account of that
active duty.
(4) The elector will be absent from the elector's polling
place on the day
of an election
because of the elector's entry or
the entry of a member of the elector's
family into a hospital for
medical or surgical treatment.
(5) The elector is confined in a jail or workhouse under
sentence for a
misdemeanor
or is awaiting trial on a felony or
misdemeanor charge.
(6) The elector will be unable to vote on the day of an
election on
account of
observance of the elector's religious
belief.
(7) The elector will be absent from the county in which the
elector's
voting residence is
located on the day of an election.
(8) The elector has a physical disability, illness, or
infirmity.
(B) Any qualified elector who is unable to appear at the office of the board of elections or other location designated by the board on account of personal illness, physical disability, or infirmity, and who moves from one precinct to
another within a county or, changes
his or
her
the elector's name
and moves from one precinct to another
within the a county, or moves from one county to another county within the state,
on or
prior to the day of a general, primary, or special election and
has not
filed a notice of change of residence or change of name
may vote by absent
voter's ballots in that election as specified
in division (B) or (G)
of section 3503.16 of the Revised Code.
Any qualified elector who
moves from one county to another county
within the state on or prior to the
day of the election at which
the elector offers to vote and
has not filed a
notice of change of
residence may vote by absent voter's ballots at
that election as
specified in division (C) of section 3503.16
of the Revised Code. (C) The secretary of state, an employee of the secretary of
state, a member or employee of the board of elections or any
person hired by
the board to work at the office of the board
temporarily for a specific
election, or a polling
place official,
who is a qualified elector may vote by absent
voter's ballots.
Application shall be made to the board of
elections of the county
where his voting residence is situated.
Sec. 3509.022. An overseas voter as defined in 42 U.S.C. 1973ff-6, other than an absent uniformed services voter as defined in that statute, may apply for an absent voter's ballot as provided in this chapter.
Sec. 3509.03. Except as provided in division (B) or (C) of section 3503.16,
section 3509.031, or division (B) of section
3509.08 of the Revised Code, any person qualified elector desiring to vote absent
voter's ballots at an election shall make written application for
such those ballots to the director of elections of the county in which
such person's the elector's voting residence is located. The application need
not be in any particular form but shall contain words which,
liberally construed, indicate the request for ballots, the
election for which such ballots are requested, and, if the
request is for primary election ballots, the person's party
affiliation. The application for such ballots shall state that
the person requesting the ballots is a qualified elector, and the
reason for the person's absence from the polls on election day.
The application shall include sufficient information to enable
the director to determine the precinct in which the applicant's
voting residence is located and shall be signed by the applicant. If
the applicant desires ballots to
be mailed to the applicant, the application shall state the
mailing address all of the following:
(B) The elector's signature;
(C) The address at which the elector is registered to vote;
(D) The elector's date of birth;
(E) One of the following:
(1) The elector's driver's license number;
(2) The last four digits of the elector's social security number;
(3) A copy of the elector's current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector.
(F) A statement identifying the election for which absent voter's ballots are requested;
(G) A statement that the person requesting the ballots is a qualified elector;
(H) If the request is for primary election ballots, the elector's party affiliation;
(I) If the elector desires ballots to be mailed to the elector, the address to which those ballots shall be mailed.
A voter who will be outside the United States on the day of
any election during a calendar year may use a single federal post
card application to apply for absent voter's ballots. Such Those
ballots shall be sent to the voter for use at the primary and
general elections in that year and any special election to be
held on the day in that year specified by division (E) of section
3501.01 of the Revised Code for the holding of a primary
election, designated by the general assembly for the purpose of
submitting constitutional amendments proposed by the general
assembly to the voters of the state unless the voter reports a
change in the voter's voting status to the board of
elections or the voter's intent to vote in any such election
in the precinct in this state
where he the voter is registered to vote. Such an A single federal postcard application
shall be
processed by the board of elections pursuant to section 3509.04
of the Revised Code the same as if the voter had applied
separately for absent voter's ballots for each election. When
mailing absent voter's ballots to a voter who applied for them by
single federal post card application, the board shall enclose
notification to the voter that the voter must report to the
board subsequent changes in the voter's voting status or
the voter's subsequent intent
to vote in any such election in the precinct in this state where
the voter is registered to vote. Such notification shall be
in a form
prescribed by the secretary of state. As used in this section,
"voting status" means the voter's name at the time the voter
applied for
absent voter's ballots by single federal post card application
and the voter's address outside the United States to which the
voter requested that such those ballots be sent. Each application for absent voter's ballots shall be
delivered to the director not earlier than the first day of
January of the year of the elections for which the absent voter's
ballots are requested or not earlier than ninety days before the
day of the election at which the ballots are to be voted,
whichever is earlier, and not later than twelve noon of the third
day before the day of the election at which such the ballots are to
be voted, or not later than the close of regular business hours on
the day before the day of the election at which the absent voter's ballots are
to be voted if
the application is delivered in person to the office of the board.
Sec. 3509.031. (A) Any qualified elector who is a member of
the organized militia called to active duty within the state of
Ohio and who will be unable to vote on election day on account of
such that active duty may make written application for absent voter's
ballots to the director of elections for the county in which his the
elector's voting residence is located. The elector may personally
deliver such the application to the director or may mail it, send it by facsimile
machine, or otherwise send it to
the director. Such The application need not be in any particular
form but shall contain the applicant's signature. The
application need only contain words which, liberally construed,
indicate the request for ballots, the election for which such
ballots are requested and, if the request is for primary election
ballots, the party affiliation of the applicant. The applicant
should indicate that the applicant is a qualified elector,
and that the
applicant is a member of the organized militia serving on active duty
within the
state of Ohio. Sufficient information should be included to
enable the director to determine the precinct in which his voting residence is located. If the applicant desires that
such ballots
be mailed to him, the application shall state the
address to
which they shall be mailed. If the applicant desires that the absent
voter's ballots be sent to the applicant by facsimile machine, the application
shall state all of the following:
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector.
(6) A statement identifying the election for which absent voter's ballots are requested;
(7) A statement that the person requesting the ballots is a qualified elector;
(8) A statement that the elector is a member of the organized militia serving on active duty within the state;
(9) If the request is for primary election ballots, the elector's party affiliation;
(10) If the elector desires ballots to be mailed to the elector, the address to which those ballots shall be mailed;
(11) If the elector desires ballots to be sent to the elector by facsimile machine, the telephone
number to which they shall be so sent.
(B) Application to have such absent voter's ballots mailed or sent by facsimile machine to
such person a qualified elector who is a member of the organized militia called to active duty within the state and who will be unable to vote on election day on account of that active duty may be made by the spouse of the militia member, or the father,
mother,
father-in-law, mother-in-law, grandfather, grandmother, brother
or sister of the whole blood or half blood, son, daughter,
adopting parent, adopted child, stepparent, stepchild, uncle,
aunt, nephew, or niece of such person the militia member. The application
shall be
in writing upon a blank form furnished only by the director. The
form of the application shall be prescribed by the
secretary of
state. The director shall furnish such that blank form to any of the
relatives specified in this section, division desiring to make such the
application, only upon the request of such a relative in person at
the office of the board or upon the written request of such a
relative mailed to the office of the board. Such The application,
subscribed and sworn to by such the applicant, shall contain all of the following: (A) Full (1) The full name of person the elector for whom ballots are
requested;
(B) Statement (2) A statement that such person is a qualified
elector
and that such person has a residence in the county and
information as to the location of such voting residence;
(C) Statement that such person (3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector.
(6) A statement identifying the election for which absent voter's ballots are requested;
(7) A statement that the elector is a member of the
organized militia serving on active duty within the state of
Ohio;
(D) Statement (8) If the request is for primary election ballots, the elector's party affiliation;
(9) A statement that the applicant bears a relationship to
such person the elector as specified in division (B) of this section; (E) Election for which ballots are requested, and,
if
for a primary election, party affiliation of persons for whom
ballots are requested;
(F) Address (10) The address to which ballots shall be mailed or
telephone number to which ballots shall be sent by facsimile machine;
(G) Signature (11) The signature and address of the person making the
application.
(C) Applications to have absent voter's ballots mailed or sent by facsimile
machine
shall
not be valid if dated, postmarked, or received by the director
prior to the ninetieth day before the day of the election for
which ballots are requested or if delivered to such the director
later than twelve noon of the third day preceding the day of such
election. If, after the ninetieth day and before four p.m. of
the day before the day of an election, a valid application for
absent voter's ballots is delivered to the director of elections
at the office of the board by a militia member making such
application in his the militia member's own behalf, the director
shall forthwith
deliver to such the militia member all absent voter's ballots then
ready for use, together with an identification envelope. Such The
militia member shall then vote such the absent voter's ballots in the manner
provided in section 3509.05 of the Revised Code.
Sec. 3509.04. (A) If a director of a board of elections receives an application for absent voter's ballots that does not contain all of the required information, the director promptly shall notify the applicant of the additional information required to be provided by the applicant to complete that application. (B) Upon receipt by the director of elections of
an application for absent voter's ballots that contain all of the required information, as provided by
sections
3509.03 and 3509.031, and division (G) of section 3503.16, of the
Revised Code, the director,
if the director finds that the
applicant is a qualified
elector and is entitled to vote absent
voter's ballots as applied for in the
application, shall deliver
to the applicant in person or mail
directly to the applicant by
special delivery mail, air
mail, or regular mail, postage prepaid,
proper absent voter's ballots. The
director shall give proper
absent voter's ballots to any qualified elector who presents self to vote at the
office of the board of elections or at another
location designated by
the board as provided in division (B) or
(C) of section 3503.16 of the
Revised Code. The director shall
give, deliver, or mail with the ballots an
unsealed identification
envelope upon the face of which shall be printed a
form
substantially as follows: "Identification Envelope
Statement of Voter
I, the undersigned voter ........................(Name of voter), declare under penalty of election
falsification that the within ballot or ballots contained no
voting marks of any kind when I received them, and I caused the
ballot or ballots to be marked, enclosed in the identification
envelope, and sealed in
that envelope. My voting residence in Ohio is ................................................................... (Street and Number, if any, or Rural Route and Number)of ................................ (City, Village, or Township)
Ohio, which
is in Ward ............... Precinct ................
in
that city, village, or
township. .....I am a qualified elector of the state of Ohio. (Applicant
must check the
true statement concerning the applicant's
reason for voting
by absent voter's ballots)
.....I shall be absent from the county on the day of the election.
.....I shall be outside the United States on the day of the
election. (Applicants who check this statement must also
check
the appropriate box on the enclosed return envelope to
indicate that they will be outside the United States.)
.....I shall be absent from my polling place on the day of
the
election due to my entry or the entry of a member of my
family into a hospital for medical
or surgical treatment.
.....I shall be absent from my polling place on the day of
the
election due to physical illness, disability, or
infirmity.
.....My employment as a full-time fire fighter, peace officer, or
provider of emergency medical services may prevent me from
voting at my
polling place on the day of the election.
.....I shall be absent from my polling place on the day of the
election because I am on active duty with the organized
militia in the state of Ohio.
.....I shall be unable to vote on election day because of
observance of my religious belief.
.....I am the secretary of state.
.....I am an employee of the secretary of state.
.....I am a member of the board of
elections.
.....I am an employee of or person temporarily hired by
the board
of elections.
.....I am a polling place official.
.....I shall be absent from my polling place on the day of
the
election due to my confinement in a jail or workhouse
under
sentence for a misdemeanor or awaiting trial on a
felony or
misdemeanor.
.....I am sixty-two years of age or older.
.....I moved from one precinct to another in the
same county or
from one county to another
on or prior to the day of an
election
and did not file a notice of change of residence.
.....I changed my name on or prior to the day
of an election and
did not file a notice of
change of name.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party. Ballots contained herein within this envelope are to be voted at the ..........
(general, special, or primary) election to be held on the
.......................... day of ......................, .... My date of birth is ............... (Month and Day), .......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's license number).
The last four digits of my Social Security Number are ............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number or the last four digits of my Social Security Number, I am enclosing a copy of one of the following in the return envelope in which this identification envelope will be mailed: a current and valid photo identification or a current utility bill, bank statement, government check, paycheck, or other government document that shows my name and address. I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
|
.................................... |
|
(Signature of Voter) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY OF
THE FIFTH
DEGREE." The director shall mail with the ballots and the unsealed
identification envelope that the director mails an unsealed
return
envelope
upon the face of which shall be printed the official
title and
post-office address of such the director. In the upper left
corner
on the face of such the return envelope, several blank lines shall be
printed
upon which the voter may write the voter's name and return
address, and
beneath these lines there shall be printed a box
beside the words
"check if out-of-country." The voter shall check
this box if the
voter will be outside the United States on the day
of the election. The
return envelope shall be of such size that
the identification
envelope can be conveniently placed within it
for returning such
the identification envelope to the director.
Sec. 3509.05. (A) When an elector receives an absent voter's ballot, pursuant
to his the elector's application or request therefor, is received by the
elector, he the elector shall, before placing any marks thereon on the ballot,
note whether there are any voting marks on the ballot it. In the event If there are
any voting marks, the ballot shall be returned immediately to the
board of elections; otherwise he, the elector shall cause the
ballot to be marked, folded in such a manner that the stub thereon on it and the
indorsements and facsimile signatures of the members of the board
of elections on the back thereof of it are visible, and placed and
sealed within the identification envelope received from the
director of elections for that purpose. Then, the elector shall
cause the statement of voter on the outside of the identification
envelope to be completed and signed, under penalty of election
falsification. If the elector does not provide the elector's driver's license number or the last four digits of the elector's social security number on the statement of voter on the identification envelope, the elector also shall include in the return envelope with the identification envelope a copy of the elector's current valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector. The elector shall then mail the identification envelope to
the director from whom it was received in the return envelope,
postage prepaid, or he the elector may personally deliver it to
the director, or the spouse of the elector, the father, mother, father-in-law,
mother-in-law, grandfather, grandmother, brother, or sister of
the whole or half blood, or the son, daughter, adopting parent,
adopted child, stepparent, stepchild, uncle, aunt, nephew, or
niece of the elector may deliver it to the director, but the. The
return envelope shall be transmitted to the director in no other
manner, except as provided in section 3509.08 of the Revised
Code. Each elector who will be outside the United States on the
day of the election shall check the box on the return envelope
indicating this fact. When absent voter's ballots are delivered to an elector at
the office of the board, the elector may retire to a voting
compartment provided by the board and there mark the ballots.
Thereupon he, the elector shall fold them, place them in the
identification
envelope provided, seal the identification envelope, fill in and
sign the statement thereon on the envelope under penalty of election
falsification, and deliver the envelope to the director of the
board. Except as otherwise provided in divisions (B) and (C) of
this section, all other envelopes containing marked absent
voter's ballots, shall be delivered to the director not later
than the close of the polls on the day of an election. Absent
voter's ballots delivered to the director later than the times
specified shall not be counted, but shall be kept by the board in
the sealed identification envelopes in which they are delivered
to the director, until the time provided by section 3505.31 of
the Revised Code for the destruction of all other ballots used at
the election for which ballots were provided, at which time they
shall be destroyed. (B) Except as otherwise provided in division (C) of this
section, any return envelope that indicates that the voter will
be outside the United States on the day of the election shall be
delivered to the director prior to the eleventh day after the
election. Ballots delivered in such envelopes that are received
after the close of the polls on election day through the tenth
day thereafter shall be counted on the eleventh day at the board
of elections in the manner provided in divisions (C) and (D) of
section 3509.06 of the Revised Code. Any such ballots that are
signed or postmarked after the close of the polls on the day of
the election or that are received by the director later than the
tenth day following the election shall not be counted, but shall
be kept by the board in the sealed identification envelopes as
provided in division (A) of this section. (C) In any year in which a presidential primary election
is held, any return envelope that indicates that the voter will
be outside the United States on the day of the presidential
primary election shall be delivered to the director prior to the
twenty-first day after that election. Ballots delivered in such
envelopes that are received after the close of the polls on
election day through the twentieth day thereafter shall be
counted on the twenty-first day at the board of elections in the
manner provided in divisions (C) and (D) of section 3509.06 of
the Revised Code. Any such ballots that are signed or postmarked
after the close of the polls on the day of that election or that
are received by the director later than the twentieth day
following that election shall not be counted, but shall be kept
by the board in the sealed identification envelopes as provided
in division (A) of this section.
Sec. 3509.06. (A) The board of elections shall determine
whether absent voter's ballots shall be counted in each precinct,
at the office of the board, or at some other location designated
by the board, and shall proceed accordingly under division (B) or
(C) of this section. (B) When the board of elections determines that absent
voter's ballots shall be counted in each precinct, the director
shall deliver to the presiding judge of each precinct on election
day identification envelopes purporting to contain absent voter's
ballots of electors whose voting residence appears from the
statement of voter on the outside of each of such those envelopes, to
be located in such presiding judge's precinct, and which were
received by the director not later than the close of the polls on
election day. The director shall deliver to such presiding judge
a list containing the name and voting residence of each person
whose voting residence is in such precinct to whom absent voter's
ballots were mailed. (C) When the board of elections determines that absent
voter's ballots shall be counted at the office of the board of
elections or at another location designated by the board, special
election judges shall be appointed by the board for that purpose
having the same authority as is exercised by precinct judges.
The votes so cast shall be added to the vote totals by the board,
and the absentee absent voter's ballots shall be preserved separately by the
board, in the same manner and for the same length of time as
provided by section 3505.31 of the Revised Code. (D) Each of the identification envelopes purporting to contain absent
voter's ballots delivered to the presiding judge of the precinct
or the special judge appointed by the board of elections shall be
handled as follows: The judge shall announce the name of the
elector who appears to have signed the statement of voter on the
outside of such envelope. In counties in which absent voter's
ballots are counted in each precinct, election officials shall compare the signature of the
elector on the outside of such the identification envelope shall be compared with
the signature of such that elector on his the elector's registration
form and verify that the absent voter's ballot is eligible to be counted under section 3509.07 of the Revised Code. Any appointed challenger or any of the precinct officials may
challenge the right of the elector named on such the identification
envelope to vote such the absent voter's ballots upon the ground that
the signature on such the envelope is not the same as the signature
on such the registration form, or upon any other of the grounds upon
which the right of persons to vote may be lawfully challenged.
If no such challenge is made, or if such a challenge is made and
not sustained, the presiding judge shall open the envelope
without defacing the statement of voter and without mutilating
the ballots therein in it, and shall remove the ballots contained
therein in it and proceed to count them. The name of each person voting who is entitled to vote only
an absent voter's presidential ballot shall be entered in a
pollbook or poll list or signature pollbook followed by the words
"Absentee Presidential Ballot." The name of each person voting
an absent voter's ballot, other than such persons entitled to
vote only a presidential ballot, shall be entered in the pollbook
or poll list or signature pollbook and his the person's
registration card marked to indicate that he the person has
voted. The date of such election shall also be entered on the
elector's registration form. If any such challenge is made and
sustained, the identification envelope of such elector shall not
be opened and, shall be endorsed "Not Counted" with the reasons
therefor the ballots were not counted, and shall be delivered to the board. (E) Special election judges or employees or members of the
board of elections shall not disclose the count or any portion of
the count of absent voter's ballots prior to the time of the
closing of the polling places. No person shall recklessly disclose the count or any portion of the count of absent voter's ballots in such a manner as to jeopardize the secrecy of any individual ballot.
Sec. 3509.07. If
election officials find
that
the statement
accompanying an absent
voter's ballot or absent
voter's
presidential ballot is insufficient, that the
signatures
do not
correspond with
the person's registration
signature,
that the
applicant is not a qualified elector in the precinct,
that the
ballot envelope
contains more than one ballot of any one
kind, or
any voted ballot
that the
elector is not
entitled to vote, or
that Stub A is detached from the absent
voter's ballot or absent
voter's presidential ballot, or that the elector has not included with the elector's ballot any identification required under section 3509.05 or 3511.09 of the Revised Code, the vote
shall not be accepted or
counted.
The vote of any
absent voter may be challenged for cause
in the
same manner as
other votes are challenged, and the
election
officials shall
determine the
legality of
that ballot.
Every
ballot not
counted shall
be indorsed endorsed on
its back
"Not
Counted"
with
the reasons
the ballot was not counted, and shall
be
enclosed
and
returned to or retained by the board of elections
along with the
contested
ballots.
Sec. 3509.08. (A) Any qualified elector, who, on account
of
the elector's own personal illness, physical disability,
or
infirmity, or on account of the elector's confinement in a jail or
workhouse under
sentence for a misdemeanor or awaiting trial on a
felony or misdemeanor, will
be unable to travel from the elector's
home or place of
confinement to the voting booth in the elector's
precinct on the day of any
general, special, or primary election
may make application in
writing for an absent voter's ballot to
the director of the board
of elections of the elector's county
stating. The application shall include all of the information required under section 3509.03 of the Revised Code and shall state the nature of
the elector's illness, physical disability,
or infirmity, or
the fact that the elector is confined in a jail
or workhouse
and the elector's resultant inability to
travel to
the election booth in the elector's precinct on
election day. The
application shall not be valid if it is delivered to the
clerk director
before the ninetieth day or after twelve noon of the third
day
before the day of the election at which such ballots are the ballot is to
be
voted. The absentee ballots absent voter's ballot may be mailed directly to the
applicant
at the applicant's voting residence or place of
confinement as
stated in the applicant's application, or the board may
designate
two board
employees belonging to the two major political parties,
for the
purpose of delivering the ballots ballot to the disabled or
confined
elector and returning them it to the board, unless the
applicant is
confined to a public or private institution within
the county, in
which case the board shall designate two such
employees for the
purpose of delivering the ballots ballot to the
disabled or confined
elector and returning them it to the board. In
all other instances,
the ballots ballot shall be returned to the office
of the board in the
manner prescribed in section 3509.05 of the
Revised Code. Any disabled or confined elector who declares to the two
employees that the elector is unable to mark
the elector's ballot
by reason of
physical infirmity, and such physical infirmity that is
apparent to
the employees to be sufficient to incapacitate the
voter from
marking
his
the elector's ballot properly, may receive, upon
request,
receive the
assistance of the two employees in marking
the elector's
ballot, and they shall thereafter give no
information in regard to this
matter.
Such assistance shall not
be rendered for any other cause. When two board employees deliver ballots a ballot to a disabled or
confined elector, each of the employees shall be present when the
ballots are ballot is delivered, when assistance is given, and when the
ballots are ballot is returned to the office of the board, and shall
subscribe to the declaration on the identification envelope. The secretary of state shall prescribe the form of
application for absent voter's ballots under
this division
(A) of
this
section. Chapter 3509. of the Revised Code
This chapter applies to
disabled and
confined absent voter's ballots except as otherwise
provided in
this section.
(B)(1) Any qualified elector who is unable to travel to
the
voting booth in the elector's precinct on the day of any
general,
special,
or primary election because of being confined in a
hospital as a
result of an accident or unforeseeable medical
emergency
occurring before the
election, may apply
to the director
of the board of elections of the county where the
elector is a
qualified elector to vote in the election by absent voter's
ballot. This application shall be made in writing, shall include all of the information required under section 3509.03 of the Revised Code, and shall be
delivered to the director not later than three p.m. on the day of
the election. The application shall indicate the hospital where
the applicant is confined, the date of the applicant's
admission
to the
hospital, and the offices for which the applicant is qualified
to
vote, and, if the applicant is requesting to vote in a
primary
election, the applicant's party affiliation. The
applicant may
also request that a member of the applicant's
family, as listed in
section 3509.05 of the Revised Code, deliver
the absent voter's
ballot to the applicant. The director, after
establishing to the
director's satisfaction the validity of
the
circumstances claimed
by the applicant, shall supply an absent
voter's ballot to be
delivered to the applicant. When the
applicant is in a hospital
in the county where the applicant
is a qualified
elector and no
request is made for a member of the family to
deliver the ballot,
the director shall arrange for the delivery
of an absent voter's
ballot to the applicant, and for its return
to the office of the
board, by two employees according to the
procedures prescribed in
division (A) of this section. When the
applicant is in a hospital
outside the county where the
applicant is a qualified elector and
no request is made for a member of
the family to deliver the
ballot, the director shall arrange for the delivery
of an absent
voter's ballot to the applicant by mail, and the ballot shall be
returned to the office of the board in the manner prescribed in
section
3509.05 of the Revised Code. (2) Any qualified elector who is eligible to vote
under
division (B) or (C) of section 3503.16
of the Revised Code but is
unable to do so because of the circumstances
described in division
(B)(1) of this section may vote in
accordance with division (B)(1)
of this section if that qualified
elector states in the
application for absent voter's ballots that that
qualified elector
moved or had a change of name under the circumstances
described in
division (B) or (C) of section 3503.16 of the Revised Code and
if
that qualified elector complies with divisions (G)(1) to (4) of
section 3503.16 of the Revised Code. (C)
Any qualified elector described in division (A) or
(B)(1) of this section who needs no assistance to vote or to
return
absent voter's ballots to the board of elections may apply
for absent voter's
ballots under section 3509.03 of the Revised
Code instead of applying for them under this
section. Sec. 3509.09. (A) The poll list or signature pollbook for each precinct shall identify
each registered elector in that precinct who has requested an absent voter's ballot for that election.
(B)(1) If a registered elector appears to vote in that precinct and that elector has requested an absent voter's ballot for that election but the director has not received a sealed identification envelope purporting to contain that elector's voted absent voter's ballots for that election, the elector shall be permitted to cast a ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in that precinct on the day of that election.
(2) If a registered elector appears to vote in that precinct and that elector has requested an absent voter's ballot for that election and the director has received a sealed identification envelope purporting to contain that elector's voted absent voter's ballots for that election, the elector shall be permitted to cast a ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in that precinct on the day of that election.
(C)(1) In counting absent voter's ballots under section 3509.06 of the Revised Code, the board of elections or the precinct election officials shall compare the poll list or the signature pollbook for each precinct with the name of each elector in that precinct from whom the director has received a sealed identification envelope purporting to contain that elector's voted absent voter's ballots for that election. Except as otherwise provided in division (C)(2) of this section, if the board of elections determines that an elector who cast a ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in the precinct on the day of the election also returned a sealed identification envelope for that election, the absent voter's ballot in the sealed identification envelope shall be counted, and the ballot cast in the precinct on the day of the election shall not be counted. (2) The board of elections shall count the ballot cast in the precinct on the day of the election, instead of the absent voter's ballot in the returned sealed identification envelope of an elector, if both of the following apply:
(a) The board of elections determines that the signature of the elector on the outside of the identification envelope in which the absent voter's ballots are enclosed does not match the signature of the elector on the elector's registration form;
(b) The elector cast a ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in the precinct on the day of the election.
If the board of elections counts the ballot cast in the precinct on the day of the election under this division, the identification envelope of that elector shall not be opened, and the ballot within that envelope shall not be counted. The identification envelope shall be endorsed "Not Counted" with the reason the ballot was not counted.
Sec. 3511.02. Any Notwithstanding any section of the Revised Code to the
contrary notwithstanding, whenever any person applies for
registration as a voter on a form adopted in accordance with
federal regulations relating to the "Uniformed and Overseas
Citizens Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff
(1986), this application shall be sufficient for voter
registration and as a request for an absentee absent voter's ballot. Armed
service absent voter's ballots may be obtained by any person
meeting the requirements of section 3511.01 of the Revised Code
by applying to the director of the board of elections of the
county in which the person's voting residence is located, in one
of the following ways: (A) That person may make written application for such those
ballots. The person may personally deliver
the application to the
director or may mail it, send it by facsimile machine, or
otherwise send it to the director. The application need
not be in any particular form but
shall contain the applicant's signature. The
application need only
contain words that, liberally construed, indicate the
request
for ballots; the election for which such ballots are requested,
and, if the request is for primary election ballots, the
person's party affiliation; that the person is serving in
the armed forces of the United
States or is the spouse or dependent of
a person serving in the armed forces of the
United States; and
the length of residence in the state immediately preceding the
commencement of service, or immediately preceding the date of
leaving to be with or near the service member, as the case may
be, and sufficient information to enable the director to
determine the precinct in which the residence is located. If the
person desires that such ballots be mailed to the
person, the application
shall state the address to which they shall be mailed. If the person
desires that such ballots be sent to the person by facsimile machine,
the application shall state all of the following information:
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector.
(6) A statement identifying the election for which absent voter's ballots are requested;
(7) A statement that the person requesting the ballots is a qualified elector;
(8) A statement that the elector is an absent uniformed services voter as defined in 42 U.S.C. 1973ff-6;
(9) A statement of the elector's length of residence in the state immediately preceding the commencement of service or immediately preceding the date of leaving to be with or near the service member, whichever is applicable;
(10) If the request is for primary election ballots, the elector's party affiliation;
(11) If the elector desires ballots to be mailed to the elector, the address to which those ballots shall be mailed;
(12) If the elector desires ballots to be sent to the elector by facsimile machine, the telephone number to which they
shall be so sent. (B) A voter or any relative of a voter listed in division (B)(C)
of this section may use a single federal post card application to
apply for armed service absent voter's ballots for use at the
primary and general elections in a given year and any special
election to be held on the day in that year specified by division
(E) of section 3501.01 of the Revised Code for the holding of a
primary election, designated by the general assembly for the
purpose of submitting constitutional amendments proposed by the
general assembly to the voters of the state. Such an A single federal postcard application
shall be processed by the board of elections pursuant to section
3511.04 of the Revised Code the same as if the voter had applied
separately for armed service absent voter's ballots for each
election. (B)(C) Application to have such armed service absent voter's ballots mailed or sent by facsimile
machine to such a person
may be made by the spouse when the person is a service member, or
by the father, mother, father-in-law, mother-in-law, grandfather,
grandmother, brother or sister of the whole blood or half blood,
son, daughter, adopting parent, adopted child, stepparent,
stepchild, uncle, aunt, nephew, or niece of such a person. Such The
application shall be in writing upon a blank form furnished only
by the director or on a single federal post card as provided in
division (A)(B) of this section. The form of such the application shall
be prescribed by the secretary of state. The director shall
furnish such that blank form to any of the relatives specified in this
section, division desiring to make such the application, only upon the request
of such a relative made in person at the office of the board or
upon the written request of such a relative mailed to the office of
the board. Such The application, subscribed and sworn to by such the
applicant, shall contain all of the following:
(1) Full The full name of person the elector for whom ballots
are requested; (2) Statement A statement that such person the elector is serving in the
armed forces of the United States or that such person is a spouse or
dependent of a person serving in the armed forces of the United
States who resides outside this state for the purpose of being
with or near such service member an absent uniformed services voter as defined in 42 U.S.C. 1973ff-6; (3) Statement that such person has a residence in
the county, and information as to the precinct in which it is located
and The address at which the elector is registered to vote; (4) A statement identifying the elector's length of residence in the state immediately preceding the
commencement of service, or immediately preceding the date of
leaving to be with or near a service member, as the case may be; (4) Statement (5) The elector's date of birth;
(6) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector.
(7) A statement identifying the election for which absent voter's ballots are requested;
(8) A statement that the person requesting the ballots is a qualified elector;
(9) If the request is for primary election ballots, the elector's party affiliation;
(10) A statement that the applicant bears a
relationship to such person the elector as specified in division (C) of this section; (5) Election for which ballots are requested, and,
if for a primary election, party affiliation of persons for whom
ballots are requested;
(6) Address (11) The address to which ballots shall be mailed or
the telephone number to which ballots shall be sent by facsimile
machine;
(7) Signature (12) The signature and address of the person
making the application.
Each application for armed service absent voter's ballots
shall be delivered to the director not earlier than the first day
of January of the year of the elections for which the armed
service absent voter's ballots are requested or not earlier than
ninety days before the day of the election at which the ballots
are to be voted, whichever is earlier, and not later than twelve
noon of the third day preceding the day of the election,
or not later than the close of regular business hours on the
day before the day of the election at which such those ballots are to
be voted if the application is delivered in person to the office
of the board. (C)(D) If the voter for whom the application is made is
entitled to vote for presidential and vice-presidential electors
only, the applicant shall submit to the director in addition to
the requirements of divisions (A) and, (B), and (C) of this section, a
statement to the effect that the voter is qualified to vote for
presidential and vice-presidential electors and for no other
offices.
Sec. 3511.04. No (A) If a director of a board of elections receives an application for armed service absent voter's ballots that does not contain all of the required information, the director promptly shall notify the applicant of the additional information required to be provided by the applicant to complete that application. (B) Not later than the twenty-fifth day before
the day of each presidential primary election and not later than
the thirty-fifth day before the day of each general or other
primary election, and at the earliest possible time before the
day of a special election held on a day other than the day on
which a general or primary election is held, the director of the
board of elections shall mail or send by facsimile machine armed
service absent voter's
ballots then ready for use as provided for in section 3511.03 of
the Revised Code and for which the director has received
valid applications
prior to such that time. Thereafter, and until twelve noon of the
third day preceding the day of election, the director shall
promptly, upon receipt of valid applications therefor for them, mail or
send by facsimile machine to
the proper persons all armed service absent voter's ballots then
ready for use. If, after the sixtieth day before the day of a general or
primary election, any other question, issue, or candidacy is
lawfully ordered submitted to the electors voting at such the general
or primary election, the board shall promptly provide a separate
official issue, special election, or other election ballot for
submitting such the question, issue, or candidacy to such those electors,
and the director shall promptly mail or send by facsimile machine
each such separate ballot to
each person to whom the director has previously mailed or
sent by facsimile
machine other armed service
absent voter's ballots. In mailing armed service absent voter's ballots, the
director shall use the fastest mail service available, but the
director shall not mail them by certified mail.
Sec. 3511.09. Upon receiving
armed service absent
voter's
ballots, the elector shall cause the questions on the
face
of the
identification envelope to be answered, and, by
writing
the
elector's usual signature in the proper place
on the
identification envelope,
the elector shall
declare under
penalty
of election falsification that the answers
to those
questions are
true and correct to the best of
the
elector's
knowledge and
belief. Then, the elector shall
note whether
there are any
voting
marks on the ballot.
If there
are any voting
marks, the
ballot
shall be returned immediately to
the board of
elections;
otherwise, the elector shall cause the
ballot to be
marked,
folded
separately so as to conceal the
markings
on it,
deposited
in the
identification
envelope, and securely sealed in
the
identification
envelope. The elector then
shall cause the
identification
envelope to
be placed within the return envelope,
sealed in the
return
envelope, and mailed to the director of the
board of
elections to
whom it is addressed. If the elector does not provide the elector's driver's license number or the last four digits of the elector's social security number on the statement of voter on the identification envelope, the elector also shall include in the return envelope with the identification envelope a copy of the elector's current valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector. Each elector who will
be
outside the
United
States on the day of the election shall
check
the box on
the
return envelope indicating this fact
and
shall mail
the return
envelope to the director prior to the close
of the
polls on
election day. Every armed services absent voter's ballot identification
envelope shall be accompanied by the following statement in
boldface capital letters:
WHOEVER COMMITS
ELECTION FALSIFICATION
IS
GUILTY OF A FELONY OF THE FIFTH DEGREE. Sec. 3511.13. (A) The poll list or signature pollbook for each precinct shall identify each registered elector in that precinct who has requested an armed services absent voter's ballot for that election;
(B)(1) If a registered elector appears to vote in that precinct and that elector has requested an armed service absent voter's ballot for that election but the director has not received a sealed identification envelope purporting to contain that elector's voted armed service absent voter's ballots for that election, the elector shall be permitted to cast a ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in that precinct on the day of that election.
(2) If a registered elector appears to vote in that precinct and that elector has requested an armed service absent voter's ballot for that election and the director has received a sealed identification envelope purporting to contain that elector's voted armed service absent voter's ballots for that election, the elector shall be permitted to cast a ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in that precinct on the day of that election.
(C)(1) In counting armed service absent voter's ballots under section 3511.11 of the Revised Code, the board of elections or the precinct election officials shall compare the poll list or the signature pollbook for each precinct with the name of each elector in that precinct from whom the director has received a sealed identification envelope purporting to contain that elector's voted armed service absent voter's ballots for that election. Except as otherwise provided in division (C)(2) of this section, if the board of elections determines that an elector who cast a ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in the precinct on the day of the election also returned a sealed identification envelope for that election, the armed service absent voter's ballot in the sealed identification envelope shall be counted, and the ballot cast in the precinct on the day of the election shall not be counted. (2) The board of elections shall count the ballot cast in the precinct on the day of the election, instead of the armed service absent voter's ballot, of an elector from whom the director has received an identification envelope purporting to contain that elector's voted armed service absent voter's ballots, if both of the following apply:
(a) The board of elections determines that the signature of the elector on the outside of the identification envelope in which the armed service absent voter's ballots are enclosed does not match the signature of the elector on the elector's registration form;
(b) The elector cast a ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in the precinct on the day of the election.
If the board of elections counts the ballot cast in the precinct on the day of the election under this division, the
identification envelope of that elector shall not be opened, and the ballot within that envelope shall not be counted. The identification envelope shall be endorsed "Not Counted" with the reason the ballot was not counted.
Sec. 3599.12. (A) No person shall do any of the
following: (1) Vote or attempt to vote in any primary,
special, or general election in a precinct in which that
person is not a legally qualified elector; (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; (3) Impersonate or sign the name of another
person, real or
fictitious, living or dead, and vote or attempt to vote as that
other person in any
such election; (4) Cast a ballot at any such election after
objection has been made and sustained to that person's vote; (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. 3599.21. (A) No person shall knowingly
do any of
the following: (1) Impersonate another, or make a false
representation in order to obtain an absent voter's ballot; (2) Aid or abet a person to vote an absent voter's
ballot illegally; (3) If the person is
an election official, open, destroy, steal, mark, or mutilate any
absent
voter's ballot; (4) Aid or abet another person to open, destroy,
steal, mark, or
mutilate any absent voter's ballot after the ballot has been voted; (5) Delay
the delivery of any such ballot with a view to preventing its arrival in time
to be counted; (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; (8) Fail to forward to the appropriate election official an absent voter's ballot application entrusted to that person to so forward within such a time period that the failure to so forward the application disenfranchises the voter with respect to a particular election;
(9) Except as authorized under Chapters 3509. and 3511. of the Revised Code, possess the absent voter's ballot of another. (B)(1) Subject to division (B)(2) of this section, no person who receives compensation for soliciting persons to apply to vote by absent voter's ballots shall fail to forward to the appropriate election official an absent voter's ballot application entrusted to that person to so forward within ten days after that application is completed.
(2) No person who receives compensation for soliciting persons to apply to vote by absent voter's ballots shall fail to forward to the appropriate election official an absent voter's ballot application entrusted to that person to so forward within such a time period that the failure to so forward the application disenfranchises the voter with respect to a particular election. (C) Whoever violates division (A) or (B) of this section is
guilty of a felony of the fourth degree. (D) As used in this section, "person who receives compensation for soliciting persons to apply to vote by absent voter's ballots" includes any effort, for compensation, to provide absent voter's ballot applications or to assist persons in completing those applications or returning them to the director of the board of elections of the county in which the applicant's voting residence is located.
Sec. 4109.06. (A) This chapter does not apply to the following: (1) Minors who are students working on any properly
guarded
machines in the manual training department of any school
when the
work is performed under the personal supervision of an
instructor; (2) Students participating in a vocational program
approved
by the Ohio department of education; (3) A minor participating in a play, pageant, or concert
produced by an outdoor historical drama corporation, a
professional traveling theatrical production, a professional
concert tour, or a personal appearance tour as a professional
motion picture star, or as an actor or performer in
motion
pictures or in radio or television productions in accordance with
the rules adopted pursuant to division (A) of section 4109.05 of
the Revised
Code; (4) The participation, without remuneration of a minor and with
the consent of a parent or guardian, in a performance given by a
church, school, or academy, or at a concert or entertainment
given
solely for charitable purposes, or by a charitable or
religious
institution; (5) To minors Minors who are employed by their parents in
occupations other than occupations prohibited by rule adopted
under this chapter; (6) Minors engaged in the delivery of newspapers to the
consumer; (7) Minors who have received a high school diploma or a
certificate of attendance from an accredited secondary school or
a
certificate of high school equivalence; (8) Minors who are currently heads of households or are
parents contributing to the support of their children; (9) Minors engaged in lawn mowing, snow shoveling, and
other
related employment; (10) Minors employed in agricultural employment in
connection with farms operated by their parents, grandparents, or
guardians where they are members of the guardians' household.
Minors are not exempt from this chapter if they reside in
agricultural labor camps as defined in section 3733.41 of the
Revised Code; (11) Students participating in a program to serve as precinct officers as authorized by section 3501.22 of the Revised Code. (B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the
Revised Code do not apply to the following: (1) Minors who work in a sheltered workshop operated by a
county board of mental retardation; (2) Minors performing services for a nonprofit
organization
where the minor receives no compensation, except for
any expenses
incurred by the minor or except for meals provided
to the minor; (3) Minors who are employed in agricultural employment and who do
not reside in agricultural labor camps. (C) Division (D) of section 4109.07 of the Revised Code
does
not apply to minors who have their employment hours
established as
follows: (1) A minor adjudicated to be an unruly child or
delinquent
child who, as a result of the adjudication, is placed
on probation
may either file a petition in the juvenile court in
whose
jurisdiction the minor resides, or apply to the
superintendent
or
to the chief administrative officer who
issued the minor's age and
schooling
certificate
pursuant to
section 3331.01 of the Revised
Code, alleging the restrictions on
the hours of
employment
described in division (D) of section
4109.07 of the
Revised Code
will cause a substantial hardship or
are not in the minor's
best
interests. Upon receipt of a petition
or application, the
court,
the superintendent,
or the chief
administrative officer, as
appropriate, shall consult with
the
person required to supervise
the minor on probation. If
after
such that consultation, the court,
the
superintendent, or the chief
administrative officer finds the
minor has failed to show the
restrictions will result in a
substantial hardship or that the
restrictions are not in the
minor's best
interests, the court,
the superintendent, or the
chief administrative officer shall
uphold the
restrictions. If
after such that consultation, the court,
the
superintendent, or the
chief administrative officer finds the
minor has shown the
restricted hours
will cause a substantial
hardship or are not in
the minor's best
interests, the court,
the superintendent, or the
chief administrative officer shall
establish
differing hours of
employment for the minor and notify
the minor
and the minor's
employer of such those hours, which shall be
binding in
lieu of the
restrictions on the hours of employment
described in
division (D)
of section 4109.07 of the Revised Code. (2) Any minor to whom division (C)(1) of this section does
not apply may either file a petition in the juvenile court in
whose jurisdiction the person resides, or apply to the
superintendent
or to the chief
administrative officer who issued
the minor's age and schooling
certificate
pursuant to section
3331.01 of the Revised Code,
alleging
the restrictions on the hours
of
employment described in
division (D) of section 4109.07 of the
Revised Code will cause a
substantial hardship or are not in the
minor's
best interests. If, as a result of a petition or application, the court,
the
superintendent,
or the chief administrative officer, as
appropriate, finds the minor has failed to
show such restrictions
will result in a substantial hardship or
that the restrictions are
not in the minor's best interests, the
court,
the
superintendent,
or the chief administrative officer shall uphold
the restrictions.
If the court, the superintendent, or the chief
administrative officer
finds the minor has shown the restricted
hours
will cause a
substantial hardship or are not in the minor's
best
interests, the
court, the superintendent, or the chief
administrative officer shall
establish the hours
of employment for
the minor and shall notify
the minor and the
minor's employer of
such those hours. (D) As used in this section, "certificate of high school
equivalence" means a statement issued by the state board of
education or an equivalent agency of another state that the
holder
thereof of the statement has achieved the equivalent of a high school
education as
measured by scores obtained on the tests of general
educational
development published by the American council on
education.
Section 2. That existing sections 3501.17, 3501.22, 3501.27, 3503.16, 3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.07, 3509.08, 3511.02, 3511.04, 3511.09, 3599.12, 3599.21, and 4109.06 of the Revised Code are hereby repealed.
Section 3. Section 3501.22 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 99 and Am. H.B. 215 of the 121st General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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