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Am. H. B. No. 312 As Reported by the House Elections and Ethics Committee
As Reported by the House Elections and Ethics Committee
|126th General Assembly|
Representatives C. Evans, Trakas, DeGeeter, Yuko, Williams, Fende, Allen, S. Patton, D. Evans, Key, Chandler, Stewart, D., Law, Uecker, Hughes, DeWine, Wolpert, Brown, Sayre, Driehaus, White
To amend section 3501.29 of the Revised Code to ensure handicapped parking at polling places and to require the director of a board of elections to sign a statement verifying the availability of that parking before each election.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3501.29 of the Revised Code be amended to read as follows:
Sec. 3501.29. (A) The board of elections shall provide
for each precinct a polling place and provide adequate facilities
at each polling place for conducting the election. The board
shall provide a sufficient number of screened or curtained voting
compartments to which electors may retire and conveniently mark
their ballots, protected from the observation of others. Each
voting compartment shall be provided at all times with writing
implements, instructions how to vote, and other
conveniences for marking the ballot. The presiding judge shall
ensure that the voting compartments at all times are adequately
lighted and contain the necessary supplies. The board shall
utilize, in so far as practicable, rooms in public schools and
other public buildings for polling places. Upon application of
the board of elections, the authority which has the control of
any building or grounds supported by taxation under the laws of
this state, shall make available the necessary space therein for
the purpose of holding elections and adequate space for the
storage of voting machines, without charge for the use thereof.
A reasonable sum may be paid for necessary janitorial service.
When polling places are established in private buildings, the
board may pay a reasonable rental therefor, and also the cost of
liability insurance covering the premises when used for election
purposes, or the board may purchase a single liability policy
covering the board and the owners of the premises when used for
election purposes. When removable buildings are supplied by the
board, they shall be constructed under the contract let to the
lowest and best bidder, and the board shall observe all
ordinances and regulations then in force as to safety. The board
shall remove all such buildings from streets and other public
places within thirty days after an election, unless another
election is to be held within ninety days.
The (1) Except as otherwise provided in this section, the board shall assure that ensure all of the following:
(a) That polling places are
free of barriers that would impede ingress and egress of
(b) That the minimum number of special parking locations, also known as handicapped parking spaces or disability parking spaces, for handicapped persons are designated at each polling place in accordance with 28 C.F.R. Part 36, Appendix A, and in compliance with division (E) of section 4511.69 of the Revised Code.
That the entrances of polling places are
level or are provided with a nonskid ramp of not over eight per
, and that;
(d) That doors are a minimum of thirty-two inches
Each county shall comply with these requirements according
to the following timetable: (1) At least fifty per cent of the polling places in each
county shall be in compliance by November 1, 1980;
At least seventy-five per cent of the polling places
in each county shall be in compliance by November 1, 1981; (3) All Notwithstanding division (B)(1)(a), (c), or (d) of this section, certain polling places in each county shall may be in
compliance by November 1, 1982, except those that are
specifically exempted by the secretary of state upon
certification by a board of elections that a good faith, but
unsuccessful, effort has been made to modify, or change the
location of, such polling places.
(C) At any polling place that is
not in compliance with
the requirements of division (B) of this section or is exempted
from compliance by the secretary of state, the board of elections
shall permit any handicapped elector who travels to that elector's
place, but who is unable to enter the polling place, to vote,
with the assistance of two polling place officials of major
political parties, in the vehicle that conveyed that elector to the
polling place, or to receive and cast that elector's ballot at the
the polling place.
(D) The secretary of state shall:
(1) Work with other state agencies to facilitate the
distribution of information and technical assistance to boards of
elections to meet the requirements of division (B) of this
(2) Work with organizations that represent or provide
services to handicapped, disabled, or elderly citizens to effect
a wide dissemination of information about the availability of
absentee voting, voting in the voter's vehicle or at the door of
the polling place, or other election services to handicapped,
disabled, or elderly citizens.
(E) Before the day of an election, the director of the board of elections of each county shall sign a statement verifying that each polling place that will be used in that county at that election meets the requirements of division (B)(1)(b) of this section. The signed statement shall be sent to the secretary of state by certified mail.
(F) As used in this section, "handicapped" means having
lost the use of one or both legs, one or both arms, or any
combination thereof, or being blind or so severely disabled as to
be unable to move about without the aid of crutches or a
Section 2. That existing section 3501.29 of the Revised Code is hereby repealed.