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