130th Ohio General Assembly
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H. B. No. 3  As Introduced
As Introduced

126th General Assembly
Regular Session
2005-2006
H. B. No. 3


Representative DeWine 



A BILL
To amend sections 3501.05, 3505.18, 3506.01, 3515.03, 3515.06, and 3515.07 and to enact sections 3505.181 and 3506.21 of the Revised Code to require the Secretary of State to establish a computerized statewide voter registration database in compliance with the Help America Vote Act of 2002; to require electors who register to vote by mail and have not previously voted in an election to provide identification before being permitted to cast a ballot; to permit certain electors to vote by provisional ballot in federal, state, and local elections; to specify counting standards for optical scan ballots; and to require that the applicant for a non-automatic recount pay the entire cost of the recount if its results do not change the result of the election.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.05, 3505.18, 3506.01, 3515.03, 3515.06, and 3515.07 be amended and sections 3505.181 and 3506.21 of the Revised Code be enacted to read as follows:
Sec. 3501.05.  The secretary of state shall do all of the following:
(A) Appoint all members of boards of elections;
(B) Issue instructions by directives and advisories to members of the boards as to the proper methods of conducting elections;
(C) Prepare rules and instructions for the conduct of elections;
(D) Publish and furnish to the boards from time to time a sufficient number of indexed copies of all election laws then in force;
(E) Edit and issue all pamphlets concerning proposed laws or amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards, blanks, and records;
(G) Determine and prescribe the forms of ballots and the forms of all blanks, cards of instructions, pollbooks, tally sheets, certificates of election, and forms and blanks required by law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on the ballot for any proposed law or amendment to the constitution to be submitted to the voters of the state;
(I) Certify to the several boards the forms of ballots and names of candidates for state offices, and the form and wording of state referendum questions and issues, as they shall appear on the ballot;
(J) Give final approval to ballot language for any local question or issue approved and transmitted by boards of elections under section 3501.11 of the Revised Code;
(K) Receive all initiative and referendum petitions on state questions and issues and determine and certify to the sufficiency of those petitions;
(L) Require such reports from the several boards as are provided by law, or as the secretary of state considers necessary;
(M) Compel the observance by election officers in the several counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of this section, investigate the administration of election laws, frauds, and irregularities in elections in any county, and report violations of election laws to the attorney general or prosecuting attorney, or both, for prosecution;
(2) On and after August 24, 1995, report a failure to comply with or a violation of a provision in sections 3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code, whenever the secretary of state has or should have knowledge of a failure to comply with or a violation of a provision in one of those sections, by filing a complaint with the Ohio elections commission under section 3517.153 of the Revised Code;
(O) Make an annual report to the governor containing the results of elections, the cost of elections in the various counties, a tabulation of the votes in the several political subdivisions, and other information and recommendations relative to elections the secretary of state considers desirable;
(P) Prescribe and distribute to boards of elections a list of instructions indicating all legal steps necessary to petition successfully for local option elections under sections 4301.32 to 4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Prescribe a general program to remove ineligible voters from official registration lists by reason of change of residence, which shall be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 and the National Voter Registration Act of 1993, including a program that uses the national change of address service provided by the United States postal system through its licensees;
(R) Prescribe a general program for registering voters or updating voter registration information, such as name and residence changes, at designated agencies, the offices of deputy registrars of motor vehicles, public high schools and vocational schools, public libraries, and the offices of county treasurers, and prescribe a program of distribution of voter registration forms through those agencies, the offices of the registrar and deputy registrars of motor vehicles, public high schools and vocational schools, public libraries, and the offices of county treasurers;
(S) To the extent feasible, provide copies, at no cost and upon request, of the voter registration form in post offices in this state;
(T) Adopt rules pursuant to section 111.15 of the Revised Code for the purpose of implementing the program for registering voters at designated agencies and the offices of the registrar and deputy registrars of motor vehicles consistent with this chapter;
(U) Specify, by a directive issued not later than thirty-five days prior to the date of an election, the date by which the boards shall complete the canvass of election returns under section 3505.32 or 3513.22 of the Revised Code;
(V) Establish the full-time position of Americans with Disabilities Act coordinator within the office of the secretary of state to do all of the following:
(1) Assist the secretary of state with ensuring that there is equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each voter may cast the voter's ballot in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters;
(3) Advise the secretary of state in the development of standards for the certification of voting machines, marking devices, and automatic tabulating equipment.
(W) Establish a computerized statewide database of all legally registered voters that complies with the requirements of the "Help America Vote Act of 2002," Public Law 107-252, 116 Stat. 1666;
(X) Perform other duties required by law.
Whenever a primary election is held under section 3513.32 of the Revised Code or a special election is held under section 3521.03 of the Revised Code to fill a vacancy in the office of representative to congress, the secretary of state shall establish a deadline, notwithstanding any other deadline required under the Revised Code, by which any or all of the following shall occur: the filing of a declaration of candidacy and petitions or a statement of candidacy and nominating petition together with the applicable filing fee; the filing of protests against the candidacy of any person filing a declaration of candidacy or nominating petition; the filing of a declaration of intent to be a write-in candidate; the filing of campaign finance reports; the preparation of, and the making of corrections or challenges to, precinct voter registration lists; the receipt of applications for absent voter's ballots or armed service absent voter's ballots; the supplying of election materials to precincts by boards of elections; the holding of hearings by boards of elections to consider challenges to the right of a person to appear on a voter registration list; and the scheduling of programs to instruct or reinstruct election officers.
In the performance of the secretary of state's duties as the chief election officer, the secretary of state may administer oaths, issue subpoenas, summon witnesses, compel the production of books, papers, records, and other evidence, and fix the time and place for hearing any matters relating to the administration and enforcement of the election laws.
In any controversy involving or arising out of the adoption of registration or the appropriation of funds for registration, the secretary of state may, through the attorney general, bring an action in the name of the state in the court of common pleas of the county where the cause of action arose or in an adjoining county, to adjudicate the question.
In any action involving the laws in Title XXXV of the Revised Code wherein the interpretation of those laws is in issue in such a manner that the result of the action will affect the lawful duties of the secretary of state or of any board of elections, the secretary of state may, on the secretary of state's motion, be made a party.
The secretary of state may apply to any court that is hearing a case in which the secretary of state is a party, for a change of venue as a substantive right, and the change of venue shall be allowed, and the case removed to the court of common pleas of an adjoining county named in the application or, if there are cases pending in more than one jurisdiction that involve the same or similar issues, the court of common pleas of Franklin county.
Public high schools and vocational schools, public libraries, and the office of a county treasurer shall implement voter registration programs as directed by the secretary of state pursuant to this section.
Sec. 3505.18.  When (A)(1) Except as otherwise provided in division (A)(2) of this section, when an elector appears in a polling place to vote he, the elector shall announce his to the precinct election officials the elector's full name and address to the precinct election officials. He
(2)(a) If the election for which the elector appears in a polling place to vote is an election for federal office, if the elector registered to vote by mail, and if the elector has not previously voted in an election for federal office in this state, the elector shall announce to the precinct election officials the elector's full name and address and provide to them proof of the elector's identity in the form of a 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. If such an elector does not provide to the precinct election officials any of the forms of identification specified in division (A)(2)(a) of this section, the elector may cast a provisional ballot in that federal election as provided in division (A) of section 3505.181 of the Revised Code.
(b) If the election for which the elector appears in a polling place to vote is an election other than an election for federal office, if the elector registered to vote by mail, and if the elector has not previously voted in an election for federal office or an election other than an election for federal office in this state, the elector shall announce to the precinct election officials the elector's full name and address and provide to them proof of the elector's identity in the form of a 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. If such an elector does not provide to the precinct election officials any of the forms of identification specified in division (A)(2)(b) of this section, the elector may cast a provisional ballot in that election as provided in division (B) of section 3505.181 of the Revised Code.
(B) After the elector has announced the elector's full name and address and, if applicable, provided identification under division (A)(2)(a) or (b) of this section, the elector shall then write his the elector's name and address at the proper place in the poll lists or signature pollbooks provided therefor for the purpose, except that if, for any reason, an elector shall be is unable to write his the elector's name and address in the poll list or signature pollbook, the elector may make his the elector's mark at the place intended for his the elector's name, and a precinct election official shall write the name of the elector at the proper place on the poll list or signature pollbook following the elector's mark, upon the presentation of proper identification. The making of such a mark shall be attested by the precinct election official, who shall evidence the same by signing his the precinct election official's name on the poll list or signature pollbook as a witness to such the mark.
The elector's signature in the poll lists or signature pollbooks shall then shall be compared with his the elector's signature on his the elector's registration form or a digitized signature list as provided for in section 3503.13 of the Revised Code, and if, in the opinion of a majority of the precinct election officials, the signatures are the signatures of the same person, the clerks shall enter the date of the election on the registration form or shall record the date by such other means as may be prescribed by the secretary of state. If the right of the elector to vote is not then challenged, or, if being challenged, he the elector establishes his the elector's right to vote, he the elector shall be allowed to proceed into to use the voting machine. If voting machines are not being used in that precinct, the judge in charge of ballots shall then detach the next ballots to be issued to the elector from Stub B attached to each ballot, leaving Stub A attached to each ballot, hand the ballots to the elector, and call his the elector's name and the stub number on each of the ballots. The clerk shall enter the stub numbers opposite the signature of the elector in the pollbook. The elector shall then retire to one of the voting compartments to mark his the elector's ballots. No mark shall be made on any ballot which would in any way enable any person to identify the person who voted the ballot.
Sec. 3505.181.  (A) If an individual declares that the individual is a registered voter in the jurisdiction in which the individual desires to vote and that the individual is eligible to vote in an election for federal office, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote, the individual shall be permitted to cast a provisional ballot as follows:
(1) An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election.
(2) The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is both of the following:
(a) A registered voter in the jurisdiction in which the individual desires to vote;
(b) Eligible to vote in that election.
(3) An election official at the polling place shall transmit the ballot cast by the individual or the voter information contained in the written affirmation executed by the individual under division (A)(2) of this section to an appropriate state or local election official for prompt verification under division (A)(4) of this section.
(4) If the appropriate state or local election official to whom the ballot or voter information is transmitted under division (A)(3) of this section determines that the individual is eligible to vote, the individual's provisional ballot shall be counted as a vote in that election.
(5)(a) At the time that an individual casts a provisional ballot, the appropriate state or local election official shall give the individual written information that states that any individual who casts a provisional ballot will be able to ascertain under the system established under division (A)(5)(b) of this section whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted.
(b) The appropriate state or local election official shall establish a free access system, such as a toll-free telephone number or an internet web site, that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted.
The appropriate state or local election official shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by the free access system established under this division. Access to information about an individual ballot shall be restricted to the individual who cast the ballot.
(B) If an individual declares that the individual is a registered voter in the jurisdiction in which the individual desires to vote and that the individual is eligible to vote in an election for an office other than a federal office or for state or local questions and issues, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote, the individual shall be permitted to cast a provisional ballot as follows:
(1) An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election.
(2) The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is both of the following:
(a) A registered voter in the jurisdiction in which the individual desires to vote;
(b) Eligible to vote in that election.
(3) An election official at the polling place shall transmit the ballot cast by the individual or the voter information contained in the written affirmation executed by the individual under division (B)(2) of this section to an appropriate state or local election official for prompt verification under division (B)(4) of this section.
(4) If the appropriate state or local election official to whom the ballot or voter information is transmitted under division (B)(3) of this section determines that the individual is eligible to vote, the individual's provisional ballot shall be counted as a vote in that election.
(5)(a) At the time that an individual casts a provisional ballot, the appropriate state or local election official shall give the individual written information that states that any individual who casts a provisional ballot will be able to ascertain under the system established under division (B)(5)(b) of this section whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted.
(b) The appropriate state or local election official shall establish a free access system, such as a toll-free telephone number or an internet web site, that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted.
The appropriate state or local election official shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by the free access system established under this division. Access to information about an individual ballot shall be restricted to the individual who cast the ballot.
(C) The appropriate state or local election official shall cause voting information to be publicly posted at each polling place on the day of each election for federal office, the day of each election for an office other than a federal office, and the day of each election for state or local questions and issues.
(D) As used in this section:
(1) "Jurisdiction" means the precinct in which a person is a legally qualified elector.
(2) "Voting information" means all of the following:
(a) A sample version of the ballot that will be used for that election;
(b) Information regarding the date of the election and the hours during which polling places will be open;
(c) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot;
(d) Instructions for mail-in registrants and first-time voters under applicable federal and state laws;
(e) General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated;
(f) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation.
Sec. 3506.01.  As used in this chapter and Chapters 3501., 3503., 3505., 3509., 3511., 3513., 3515., 3517., 3519., 3521., 3523., and 3599. of the Revised Code:
(A) "Marking device" means an apparatus operated by a voter to record the voter's choices through the piercing or marking of ballots enabling them to be examined and counted by automatic tabulating equipment.
(B) "Ballot" means the official election presentation of offices and candidates, including write-in candidates, and of questions and issues, and the means by which votes are recorded.
(C) "Automatic tabulating equipment" means a machine or electronic device, or interconnected or interrelated machines or electronic devices, that will automatically examine and count votes recorded on ballots.
(D) "Central counting station" means a location, or one of a number of locations, designated by the board of elections for the automatic examining, sorting, or counting of ballots.
(E) "Voting machines" means mechanical or electronic equipment for the direct recording and tabulation of votes.
(F) "Direct recording electronic voting machine" means a voting machine that records votes by means of a ballot display provided with mechanical or electro-optical components that can be actuated by the voter, that processes the data by means of a computer program, and that records voting data and ballot images in internal or external memory components. A "direct recording electronic voting machine" produces a tabulation of the voting data stored in a removable memory component and in printed copy.
(G) "Help America Vote Act of 2002" means the "Help America Vote Act of 2002," Public Law 107-252, 116 Stat. 1666.
(H) "Voter verified paper audit trail" means a physical paper printout on which the voter's ballot choices, as registered by a direct recording electronic voting machine, are recorded. The voter shall be permitted to visually or audibly inspect the contents of the physical paper printout. The physical paper printout shall be securely retained at the polling place until the close of the polls on the day of the election; the secretary of state shall adopt rules under Chapter 119. of the Revised Code specifying the manner of storing the physical paper printout at the polling place. After the physical paper printout is produced, but before the voter's ballot is recorded, the voter shall have an opportunity to accept or reject the contents of the printout as matching the voter's ballot choices. If a voter rejects the contents of the physical paper printout, the system that produces the voter verified paper audit trail shall invalidate the printout and permit the voter to recast the voter's ballot. On and after the first federal election that occurs after January 1, 2006, unless required sooner by the Help America Vote Act of 2002, any system that produces a voter verified paper audit trail shall be accessible to disabled voters, including visually impaired voters, in the same manner as the direct recording electronic voting machine that produces it.
(I) "Blank ballot" means either of the following:
(1) A ballot on which no vote is marked for any candidate, question, or issue choice;
(2) A ballot that is improperly marked so that automatic tabulating equipment is unable to detect or record a vote for any candidate, question, or issue choice.
Sec. 3506.21. (A) As used in this section, "optical scan ballot" means a ballot that is marked by using a specified writing instrument to fill in a designated position to record a voter's candidate, question, or issue choice and that can be scanned and electronically read in order to tabulate the vote.
(B)(1) In addition to marks that can be scanned and electronically read by automatic tabulating equipment, any of the following marks, if made on an optical scan ballot, shall be counted as a valid vote:
(a) A candidate, question, or issue choice that has been underlined by the voter;
(b) A candidate, question, or issue choice that has been circled by the voter;
(c) An arrow or oval beside the candidate, question, or issue choice that has been circled by the voter;
(d) An arrow or oval beside the candidate, question, or issue choice that has been marked by the voter with an "x," a check mark, or other recognizable mark;
(e) A candidate, question, or issue choice that has been marked with a writing instrument that cannot be recognized by automatic tabulating equipment.
(2) The secretary of state may adopt rules under Chapter 119. of the Revised Code to authorize additional types of optical scan ballots and to specify the types of marks on those ballots that shall be counted as a valid vote to ensure consistency in the counting of ballots throughout the state.
(C)(1) In counties where optical scan ballots are used, for the count of the voted ballots conducted on election day after the time for the closing of the polls under section 3505.26 of the Revised Code, the board of elections or employees of the board of elections designated by the board under division (E) of this section either shall visually inspect the voted ballots for blank ballots before counting the voted ballots with automatic tabulating equipment, or shall set the automatic tabulating equipment to reject blank ballots.
(2)(a) Employees of the board of elections designated by the board under division (E) of this section shall inspect ballots identified as blank ballots by a visual inspection, or rejected as blank ballots by automatic tabulating equipment, under division (C)(1) of this section. Those designees shall determine whether the intent of the voter can be determined under the criteria for a valid vote listed or referred to in division (B) of this section, if the ballot has been improperly marked so that the automatic tabulating equipment is or would be unable to detect or record a vote for any candidate, question, or issue choice.
(b) If it is clear to those designees that the intent of the voter can be so determined and that the ballot has been so improperly marked, those designees shall remake and count as a valid ballot that optical scan ballot. The designees shall remake and count an optical scan ballot under this division whether the voter voted for one office, question, or issue, more than one but not all offices, questions, or issues, or all offices, questions, and issues.
(D) For the official canvass of election returns conducted under section 3505.32 of the Revised Code, the automatic tabulating equipment shall be set to reject blank ballots and over votes.
(E) The board of elections of a county where optical scan ballots are used shall designate teams to inspect those ballots under division (C)(2) of this section, and may designate teams to visually inspect those ballots under division (C)(1) of this section. Those teams shall consist of two employees of the board, one from each major political party. The board may designate as many teams as the board considers necessary to visually inspect those ballots for blank ballots, or to efficiently inspect those ballots rejected as blank ballots by automatic tabulating equipment, under division (C)(1) of this section.
Sec. 3515.03.  Each application for a recount shall separately include a list of each precinct as to in which a recount of the votes therein is requested, and the person filing an application shall at the same time deposit with the board of elections ten dollars in currency, bank money order, bank cashier's check, or certified check for each precinct so listed in such application as security for the payment of charges for making the recount therein applied for, which charges shall be fixed by the board as provided in section 3515.07 of the Revised Code. When such
Upon the filing of an application, or upon declaration by is filed or when the board of elections or the secretary of state declares that the number of votes cast in any election for the declared winning nominee, candidate, question, or issue does not exceed the number of votes cast for the defeated nominee, candidate, question, or issue, by the margins set forth in section 3515.011 of the Revised Code, the board of elections shall promptly fix the time at which, method by which, and the place at which the a recount will be made, which time shall be not later than ten days after the day upon on which such the application is filed or such the declaration is made. If the recount involves a candidate for election to an office comprising more than one county, the director of the board of elections shall promptly mail notice of the time and place for such the recount to the board of elections of the most populous county of the district. If the contest involves a state office, the director of the board of elections shall promptly notify the secretary of state of the a filing for such a recount.
The director of the board of elections shall mail notice of the time and place so fixed to any applicant and to each person for whom votes were cast for such the nomination or election. Such The notice shall be mailed by certified mail not later than the fifth day before the day fixed for the commencement of the recount. Persons entitled to have such the notice mailed to them may waive their right to have it mailed by filing with the director of the board of elections a written waiver to that effect. Each person entitled to receive such the notice may attend and witness the recount and may have any person whom the candidate designates attend and witness the recount. At
At any time after a winning nominee or candidate is declared but before the time for a recount pursuant to section 3515.011 of the Revised Code commences, the declared losing nominee or candidate may file with the board a written request to stop the recount from commencing. In the case of more than one declared losing candidate or nominee, each of whom is entitled to a recount pursuant to section 3515.011 of the Revised Code, each such declared losing candidate or nominee must file with the board such a written request to stop the recount from commencing. The board shall grant such a request and shall not commence the recount.
In the case of a recount of votes cast upon a question or issue, any group of five or more qualified electors, who voted upon such on the question or issue and whose votes were in opposition to the votes of the members of the group of electors who applied for such the recount, or for whom such the recount was required by section 3515.011 of the Revised Code, may file with the board of elections a written statement to that effect,. In the statement, the group shall designate therein one of their number as chairman chairperson of such the group and, may appoint an attorney at law as their legal counsel, and may request that the persons so designated in the statement be permitted to attend and witness the recount. Thereupon the The persons so designated then may attend and witness the recount.
Sec. 3515.06.  If, pursuant to section 3515.04 of the Revised Code, a person was declared nominated as a candidate for election to an office or elected to an office or position in an election and if it subsequently appears by the an amended declaration of the results of such the election made following a recount of votes cast in such the election that such that person was not so nominated or elected, such that person may, within five days after the date of such the amended declaration of the results of such the election, may file an application with the board of elections for a recount of the votes cast at such the election for such the nomination or election in any precinct, the ballots of which have not been recounted.
If, following a recount of votes cast in an election upon any question or issue, the amended declaration of the results of such the election shows the result of such the election to be contrary to the result thereof as declared in the original declaration of the results thereof, any group of five or more qualified electors which has filed a statement with the board as provided in the third fourth paragraph of section 3515.03 of the Revised Code may, within five days after the date of the amended declaration, may file an application with the board for a recount of the votes cast at such the election upon such the question or issue in any precinct of the county, the votes of which have not been recounted.
Sections 3515.01 and 3515.02 to 3515.05 of the Revised Code are applicable to any application provided for in this section and to the recount had pursuant thereto to the application.
Sec. 3515.07.  The board of elections shall determine the charges for making a recount of votes of precincts listed in an application for a recount filed with the board of elections shall be fixed by the board and. In determining the charges, the board shall include all expenses it incurred by such board because of such the application other than the regular operating expenses which the board would have incurred if the application had not been filed. The total amount of charges so fixed divided by the number of precincts listed in such application, the votes of which were recounted, shall be the charge per precinct for the recount of the votes of the precincts listed in such application, the votes of which were recounted; provided that the charges per precinct so fixed shall not be more than ten nor less than five dollars for each precinct the votes of which were recounted The applicant for a recount shall be required to pay the charges determined by the board for the recount if, upon the completion of a recount concerning a nomination or election, the board declares the applicant not to be nominated or elected, or, upon completion of a recount concerning a question or issue, the board declares the result of the election to be the same as the original declaration of its result.
Such charge per precinct shall be deducted by the board from the money deposited with the board by the applicant for the recount at the time of filing his application, and the balance of the money so deposited shall be returned to such applicant; provided that no such charge per precinct shall be deducted by the board from the money deposited for a recount of votes cast for a nomination or for an election to an office or position in any precinct, if the total number of votes cast in such precinct for the applicant, as recorded by such recount, is more than four per cent larger than the number of votes for such applicant in such precinct recorded in the original certified abstract thereof, nor shall any charge per precinct be deducted for a recount of votes cast in any precinct upon a question or issue if the total number of votes in such precinct on the same side of such question or issue as the side represented by the applicant, as recorded by such recount, is more than four per cent larger than the number of votes in such precinct on the same side of such question or issue recorded in the original certified abstract thereof. No such charge per precinct shall be deducted if upon the completion of a recount concerning a nomination or election the applicant is declared nominated or elected, or if upon the completion of a recount concerning a question or issue the result of such election is declared to be opposite to the original declaration of the result of such election. All moneys deposited with a board by an applicant shall be deposited in a special depository fund with the county treasurer. The expenses of the recount and refunds shall be paid from said fund upon order of the board of elections. Any balance remaining in such fund shall be paid into the general fund of the county.
Section 2. That existing sections 3501.05, 3505.18, 3506.01, 3515.03, 3515.06, and 3515.07 of the Revised Code are hereby repealed.
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