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S. B. No. 299 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Fedor, Roberts, Morano, Cafaro
A BILL
To amend sections 3501.05, 3501.29, 3501.90, 3503.16,
3504.04, 3505.03, 3505.181, 3505.182, 3505.20,
3509.01, 3509.02, 3509.021, 3509.022, 3509.03,
3509.031, 3509.04, 3509.05, 3509.06, 3509.07,
3509.08, 3509.09, 3511.01, 3511.02, 3511.03,
3511.04, 3511.05, 3511.051, 3511.06, 3511.08,
3511.09, 3511.10, 3511.11, 3511.12, 3511.13,
3513.052, 3513.15, 3513.30, 3515.01, 3517.08,
3599.11, 3599.12, and 3599.21 of the Revised Code
to change the name of absent voter's ballots to
early voting ballots.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.05, 3501.29, 3501.90, 3503.16,
3504.04, 3505.03, 3505.181, 3505.182, 3505.20, 3509.01, 3509.02,
3509.021, 3509.022, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06,
3509.07, 3509.08, 3509.09, 3511.01, 3511.02, 3511.03, 3511.04,
3511.05, 3511.051, 3511.06, 3511.08, 3511.09, 3511.10, 3511.11,
3511.12, 3511.13, 3513.052, 3513.15, 3513.30, 3515.01, 3517.08,
3599.11, 3599.12, and 3599.21 of the Revised Code be amended 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. In addition to any other publication of those
directives and advisories, the secretary of state shall publish
those directives and advisories on a web site of the office of the
secretary of state as soon as is practicable after they are
issued, but not later than the close of business on the same day
as a directive or advisory is issued. The secretary of state shall
not remove from the web site any directives and advisories so
posted. The secretary of state shall provide on that web site
access to all directives and advisories currently in effect and
maintain an archive of all directives and advisories previously
published on that web site.
(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) Except as otherwise provided in section 3519.08 of the
Revised Code, 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) Except as otherwise provided in division (I)(2)(b) of
section 3501.38 of the Revised Code, 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) Adopt rules pursuant to Chapter 119. of the Revised Code
for the removal by boards of elections of ineligible voters
from
the statewide voter registration
database and, if
applicable,
from the poll list or signature pollbook used in each
precinct,
which rules shall provide for all of the following:
(1) A process for the removal of voters who have changed
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;
(2) A process for the removal of ineligible voters under
section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of a
voter who is ineligible to vote from the statewide
voter
registration database and, if applicable, from the poll list or
signature
pollbook used in each precinct and noting the reason
for that mark
or removal.
(R) Prescribe a general program for registering voters or
updating voter
registration information, such as name and
residence changes, by boards of elections, designated
agencies,
offices of deputy
registrars of motor
vehicles, public high
schools and vocational
schools, public
libraries, and offices
of
county treasurers consistent with the
requirements of section
3503.09 of the Revised Code;
(S) Prescribe
a program of distribution of voter
registration
forms through
boards of elections, designated
agencies, offices of the
registrar
and
deputy registrars of
motor
vehicles, public high schools and
vocational schools, public
libraries, and offices of county
treasurers;
(T) To the extent feasible, provide copies, at no cost and
upon
request, of
the voter registration form in post offices in
this state;
(U) Adopt rules pursuant to section 111.15 of the Revised
Code for the
purpose of implementing the program for registering
voters through boards of elections, designated
agencies, and
the
offices of the registrar and
deputy registrars of motor
vehicles
consistent with this chapter;
(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 and maintain a computerized statewide
database
of all legally registered voters under section 3503.15
of the
Revised Code that complies with the requirements of the
"Help
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat.
1666,
and provide training in the operation of that system;
(X) Ensure that all directives, advisories, other
instructions, or decisions issued or made during or as a result of
any conference or teleconference call with a board of elections to
discuss the proper methods and procedures for conducting
elections, to answer questions regarding elections, or to discuss
the interpretation of directives, advisories, or other
instructions issued by the secretary of state are posted on a web
site of the office of the secretary of state as soon as is
practicable after the completion of the conference or
teleconference call, but not later than the close of business on
the same day as the conference or teleconference call takes
place.;
(Y) Publish a report on a web site of the office of the
secretary of state not later than one month after the completion
of the canvass of the election returns for each primary and
general election, identifying, by county, the number of absent
voter's early voting ballots cast and the number of those ballots
that were
counted, and the number of provisional ballots cast and
the number
of those ballots that were counted, for that election.
The
secretary of state shall maintain the information on the web
site
in an archive format for each subsequent election.;
(Z) Conduct voter education outlining voter
identification,
absent voters ballot early voting, provisional ballot, and
other
voting
requirements;
(AA) Establish a procedure by which a registered elector
may
make available to a board of elections a
more
recent signature
to be used in the poll list or signature
pollbook
produced by
the board of elections of the county in
which the
elector
resides;
(BB) Disseminate information, which may include all or
part
of the official explanations and arguments, by means of
direct
mail or other written publication, broadcast, or other
means or
combination of means, as directed by the Ohio ballot
board under
division (F) of section 3505.062 of the Revised Code,
in order to
inform the voters as fully as possible concerning
each proposed
constitutional amendment, proposed law, or
referendum;
(CC) 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 early voting ballots or armed service absent
voter's early voting 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. 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
necessary
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.
(B)(1) Except as otherwise provided in this section, the
board shall ensure all of the following:
(a) That polling places are
free of barriers that would
impede ingress and egress of
handicapped persons;
(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.;
(c)
That the entrances of polling places are
level or are
provided with a nonskid ramp of not over eight per
cent gradient;
(d) That doors are a minimum of thirty-two inches
wide.
(2) Notwithstanding division (B)(1)(a), (c), or (d) of this
section, certain polling places may be
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 exempted
from compliance by
the secretary of state, the board of elections
shall permit any
handicapped elector who travels to that elector's
polling
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
door of
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
section;
(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 early 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
wheelchair.
Sec. 3501.90. (A) As used in this section:
(1) "Harassment in violation of the election law" means
either of the following:
(a) Any of the following types of conduct in or about a
polling place or a place of registration or election: obstructing
access of an elector to a polling place; another improper practice
or attempt tending to obstruct, intimidate, or interfere with an
elector in registering or voting at a place of registration or
election; molesting or otherwise engaging in violence against
observers in the performance of their duties at a place of
registration or election; or participating in a riot, violence,
tumult, or disorder in and about a place of registration or
election;
(b) A violation of division (A)(1), (2), (3), or (5) or
division (B) of section 3501.35 of the Revised Code.
(2) "Person" has the same meaning as in division (C) of
section 1.59 of the Revised Code and also includes any
organization that is not otherwise covered by that division.
(3) "Trier of fact" means the jury or, in a nonjury action,
the court.
(B) An elector who has experienced harassment in violation of
the election law has a cause of action against each person that
committed the harassment in violation of the election law. In any
civil action based on this cause of action, the elector may seek a
declaratory judgment, an injunction, or other appropriate
equitable relief. The civil action may be commenced by an elector
who has experienced harassment in violation of the election law
either alone or as a party to a class action under Civil Rule 23.
(C)(1) In addition to the equitable relief authorized by
division (B) of this section, an elector who has experienced
harassment in violation of the election law may be entitled to
relief under division (C)(2) or (3) of this section.
(2) If the harassment in violation of the election law
involved intentional or reckless threatening or causing of bodily
harm to the elector while the elector was attempting to register
to vote, to obtain an absent voter's early voting ballot, or to
vote, the elector may seek, in a civil action based on the cause
of action created by division (B) of this section, monetary
damages as prescribed in this division. The civil action may be
commenced by the elector who has experienced harassment in
violation of the election law either alone or as a party to a
class action under Civil Rule 23. Upon proof by a preponderance of
the evidence in the civil action that the harassment in violation
of the election law involved intentional or reckless threatening
or causing of bodily harm to the elector, the trier of fact shall
award the elector the greater of three times of the amount of the
elector's actual damages or one thousand dollars. The court also
shall award a prevailing elector reasonable attorney's fees and
court costs.
(3) Whether a civil action on the cause of action created by
division (B) of this section is commenced by an elector who has
experienced harassment in violation of the election law alone or
as a party to a class action under Civil Rule 23, if the defendant
in the action is an organization that has previously been
determined in a court of this state to have engaged in harassment
in violation of the election law, the elector may seek an order of
the court granting any of the following forms of relief upon proof
by a preponderance of the evidence:
(a) Divestiture of the organization's interest in any
enterprise or in any real property;
(b) Reasonable restrictions upon the future activities or
investments of the organization, including, but not limited to,
prohibiting the organization from engaging in any harassment in
violation of the election law;
(c) The dissolution or reorganization of the organization;
(d) The suspension or revocation of any license, permit, or
prior approval granted to the organization by any state agency;
(e) The revocation of the organization's authorization to do
business in this state if the organization is a foreign
corporation or other form of foreign entity.
(D) It shall not be a defense in a civil action based on the
cause of action created by division (B) of this section, whether
commenced by an elector who has experienced harassment in
violation of the election law alone or as a party to a class
action under Civil Rule 23, that no criminal prosecution was
commenced or conviction obtained in connection with the conduct
alleged to be the basis of the civil action.
(E) In a civil action based on the cause of action created by
division (B) of this section, whether commenced by an elector who
has experienced harassment in violation of the election law alone
or as a party to a class action under Civil Rule 23, the elector
may name as defendants each individual who engaged in conduct
constituting harassment in violation of the election law as well
as any person that employs, sponsors, or uses as an agent any such
individual or that has organized a common scheme to cause
harassment in violation of the election law.
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)(a) Any registered elector who moves 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 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, showing identification in the form of a
current and valid photo identification, a military identification
that shows the voter's name and current address, or a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document, other than a notice of an election
mailed by a board of elections under section 3501.19 of the
Revised Code or a notice of voter registration mailed by a board
of elections under section 3503.19 of the Revised Code, that shows
the name and current address of the elector, and
casting a ballot.
If the elector provides either a driver's license or a state
identification card issued under section 4507.50 of the Revised
Code that does not contain the elector's current residence
address, the elector shall provide the last four digits of the
elector's driver's license number or state identification card
number, and the precinct election official shall mark the poll
list or signature pollbook to indicate that the elector has
provided a driver's license or state identification card number
with a former address and record the last four digits of the
elector's driver's license number or state identification card
number.
(b) Any registered elector who 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 name 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 a
change of name, and casting a provisional ballot under section
3505.181 of the Revised Code.
(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 at the office of the board of elections, appears at any
time 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 office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections.
(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, if
pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location in the county at which
registered electors may vote, at that other location instead of
the office of the board of elections, whichever is appropriate;
(c) Votes a provisional ballot under section 3505.181 of the
Revised Code at the polling place, at the office of the board
of
elections, or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated another location in the
county at which registered electors may vote, at that other
location instead of the office of the board of elections,
whichever
is appropriate, 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 a provisional ballot
at the polling place in the precinct in
which that registered
elector resides, at the office of the
board of elections, or, if
pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location in the county at which
registered electors may vote, at that other location instead of
the office of the board of elections, 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 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 at the office of the board of elections or, if pursuant
to division (C) of section 3501.10 of the Revised Code the board
has designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections, appears during regular business hours
on
the Monday prior to the election at the office of the board of
elections or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated another location in the
county at which registered electors may vote, at that other
location instead of the office of the board of elections, or
appears on the day of the
election at the
office of the board of
elections or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated another location in the
county at which registered electors may vote, at that other
location instead of the office of the board of elections;
(2) Completes and signs, under penalty of election
falsification, a notice of change of residence and files it with
election officials at the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections;
(3) Votes a provisional ballot under section 3505.181 of the
Revised Code at the office of the board of elections or, if
pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location in the county at which
registered electors may vote, at that other location instead of
the office of the board of elections, 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, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated another
location in the county at which registered electors may vote, at
that other location instead of the office of the board of
elections, 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 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 early voting ballots
pursuant
to division (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 (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
early voting ballots
under Chapter 3509. or 3511. of the Revised
Code by an elector who
has voted by absent voter's early voting
ballots pursuant to division (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.
Subject to division (C) of section 3501.10 of the Revised
Code, 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 of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location, 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 early voting 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 early
voting 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 of elections
because of personal illness, physical
disability, or infirmity;
(3) Completes and returns along with the completed absent
voter's early voting 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 early voting
ballot
because
of personal illness, physical disability, or infirmity
that prevented
the registered elector from appearing at the board
of elections, and will not vote or attempt to vote at any other
location or by absent voter's early voting ballot mailed to any
other location or address
for that particular election.
Sec. 3504.04. On or before election day, the director of the
board of
elections shall deliver to the polling place a list of
persons who have filed
certificates of intent to vote as former
resident voters and who appear, from
their voting address,
entitled to vote at such polling place. Those persons
whose names
appear on the list of former resident voters, and who have
otherwise complied with sections 3504.01 to 3504.06 of the Revised
Code, shall
then be entitled to vote for presidential and
vice-presidential electors only
at their polling place on election
day or by absent voter's early voting ballots.
Such voter who
votes at that voter's polling place on election day
shall sign
that voter's name in the poll book or poll list followed by,
"Former Resident's Presidential Ballot." Qualified former
residents shall be
entitled to cast absent voter's early voting
ballots for presidential and vice-presidential
electors.
Sec. 3505.03. On the office type ballot shall be printed
the
names of all candidates for election to offices, except
judicial
offices, who were nominated at the most recent
primary
election as
candidates of a political party or who were
nominated
in
accordance with section 3513.02 of the Revised Code,
and the
names
of all candidates for election to offices who were
nominated
by
nominating petitions, except candidates for judicial
offices,
for
member of the state board of education, for member
of a board
of
education, for municipal offices, and for township
offices.
The face of
the ballot below the stub shall be
substantially
in the following form:
"OFFICIAL OFFICE TYPE BALLOT
(A) To vote for a candidate record your vote in the
manner
provided next to the name of such
candidate.
(B) If you tear, soil, deface, or erroneously mark this
ballot, return it to the precinct election officers or, if you
cannot
return it, notify the precinct election officers, and
obtain another ballot."
The order in which the offices shall be listed on the
ballot
shall be prescribed by, and certified to each board of
elections
by, the secretary of state; provided that for state,
district, and
county offices the order from top to bottom shall
be as follows:
governor and lieutenant governor, attorney
general, auditor of
state, secretary of state, treasurer of
state, United States
senator, representative to congress, state
senator, state
representative, county commissioner, county
auditor, prosecuting
attorney, clerk of the court of common
pleas, sheriff, county
recorder, county treasurer, county
engineer, and coroner. The
offices of governor and lieutenant
governor shall be printed on
the ballot in a manner that requires
a voter to cast one vote
jointly for the candidates who have been
nominated by the same
political party or petition.
The names of all candidates for an office shall be arranged
in a group under the title of that office, and, except for
absentee early voting ballots or when the number of candidates for
a
particular
office is the same as the number of candidates to be
elected for
that office, shall be rotated from one precinct to
another. On
absentee early voting ballots, the names of all
candidates for an
office shall
be arranged in a group under the
title of that
office and shall be
so alternated that each name
shall appear,
insofar as may be
reasonably possible, substantially
an equal
number of times at the
beginning, at the end, and in each
intermediate place, if any, of
the group in which such name
belongs, unless the number of
candidates for a particular office
is the same as the number of
candidates to be elected for that
office.
The method of printing the ballots to meet the rotation
requirement of this section shall be as follows:
the least
common
multiple of the number of names in each of the several
groups of
candidates shall be used, and the number of changes made
in the
printer's forms in printing
the ballots shall
correspond
with
that
multiple. The board of elections shall
number all
precincts in
regular serial sequence. In the first
precinct, the
names of the
candidates in each group shall be
listed in
alphabetical order. In
each succeeding precinct, the
name in
each group
that is listed
first in the preceding
precinct shall
be listed last, and the name
of each candidate
shall be moved up
one place. In each precinct
using paper
ballots, the printed
ballots shall then be assembled
in tablets.
Under the name of each candidate nominated at a primary
election and each candidate certified by a party committee to
fill
a vacancy under section 3513.31 of the Revised Code shall be
printed, in less prominent type face than that in which the
candidate's name is printed, the name of the political party by
which the candidate was nominated or certified.
Under the name of
each candidate appearing on the ballot who filed a
nominating
petition and requested a ballot designation as a nonparty
candidate under
section 3513.257
of the Revised Code shall be
printed, in less
prominent type face
than that
in which the
candidate's name is
printed, the
designation of
"nonparty
candidate." Under the name of each candidate appearing on the
ballot who filed a nominating petition and requested a ballot
designation as an other-party candidate under section 3513.257 of
the Revised Code shall be printed, in less prominent type face
than that in which the candidate's name is printed, the
designation of "other-party candidate." No designation shall
appear under the name of a candidate appearing on the ballot who
filed a nominating petition and requested that no ballot
designation appear under the candidate's name under section
3513.257 of the Revised Code, or who filed a nominating petition
and failed to request a ballot designation either as a nonparty
candidate or as an other-party candidate under that section.
Except as provided in this section, no words, designations,
or emblems descriptive of a candidate or
the candidate's
political
affiliation, or indicative of the method by which the
candidate
was nominated or certified, shall be printed under or
after a
candidate's name
that is printed on the ballot.
Sec. 3505.181. (A) All of the following individuals shall be
permitted to cast a provisional ballot at an election:
(1) An individual who 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, 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;
(2) An individual who has a social security number and
provides to the election officials the last four digits of the
individual's social security number as permitted by division
(A)(2) of section 3505.18 of the Revised Code;
(3) An individual who has but is unable to provide to the
election officials any of the forms of identification required
under division (A)(1) of section 3505.18 of the Revised Code and
who has a social security number but is unable to provide the last
four digits of the individual's social security number as
permitted under division (A)(2) of that section;
(4) An individual who does not have any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code, who cannot provide the last four digits of
the individual's social security number under division (A)(2) of
that section because the individual does not have a social
security number, and who has executed an affirmation as permitted
under division (A)(4) of that section;
(5) An individual whose name in the poll list or signature
pollbook has been marked under section 3509.09 or 3511.13 of the
Revised Code as having requested an absent voter's early voting
ballot or an armed service absent voter's early voting ballot for
that election and who appears to vote at the polling place;
(6) An individual whose notification of registration has been
returned undelivered to the board of elections and whose name in
the official registration list and in the poll list or signature
pollbook has been marked under division (C)(2) of section 3503.19
of the Revised Code;
(7) An individual who is challenged under section 3505.20 of
the Revised Code and the election officials determine that the
person is ineligible to vote or are unable to determine the
person's eligibility to vote;
(8) An individual whose application or challenge hearing has
been postponed until after the day of the election under division
(D)(1) of section 3503.24 of the Revised Code;
(9) An individual who changes the individual's name and
remains within the precinct, moves from one precinct to another
within a county, moves from one precinct to another and changes
the individual's name, or moves from one county to another within
the state, and completes and signs the required forms and
statements under division (B) or (C) of section 3503.16 of the
Revised Code;
(10) An individual whose signature, in the opinion of the
precinct officers under section 3505.22 of the Revised Code, is
not that of the person who signed that name in the registration
forms;
(11) An individual who is challenged under section 3513.20 of
the Revised Code who refuses to make the statement required under
that section, who a majority of the precinct officials find lacks
any of the qualifications to make the individual a qualified
elector, or who a majority of the precinct officials find is not
affiliated with or a member of the political party whose ballot
the individual desires to vote;
(12) An individual who does not have any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code, who cannot provide the last four digits of
the individual's social security number under division (A)(2) of
that section because the person does not have a social security
number, and who declines to execute an affirmation as permitted
under division (A)(4) of that section;
(13) An individual who has but declines to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of section 3501.18 of the Revised
Code or who has a social security number but declines to provide
to the precinct election officials the last four digits of the
individual's social security number.
(B) An individual who is eligible to cast a provisional
ballot under division (A) of this section 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, the voter information contained
in the written affirmation executed by the individual under
division (B)(2) of this section, or the individual's name if the
individual declines to execute such an affirmation to an
appropriate local election official for verification under
division (B)(4) of this section.
(4) If the appropriate local election official to whom the
ballot or voter or address 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 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, in the form of a toll-free
telephone number, 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 free access system established under
this division also shall provide to an individual whose
provisional ballot was not counted information explaining how that
individual may contact the board of elections to register to vote
or to resolve problems with the individual's voter registration.
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.
(6) If, at the time that an individual casts a provisional
ballot, the individual provides identification in the form of a
current and valid photo identification, a military identification
that shows the voter's name and current address, or a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document, other than a notice of an election
mailed by a board of elections under section 3501.19 of the
Revised Code or a notice of voter registration mailed by a board
of elections under section 3503.19 of the Revised Code, that shows
the individual's name and current address, or provides the last
four digits of the individual's social security number, or
executes an affirmation that the elector does not have any of
those forms of identification or the last four digits of the
individual's social security number because the individual does
not have a social security number, or declines to execute such an
affirmation, the appropriate local election official shall record
the type of identification provided, the social security number
information, the fact that the affirmation was executed, or the
fact that the individual declined to execute such an affirmation
and include that information with the transmission of the ballot
or voter or address information under division (B)(3) of this
section. If the individual declines to execute such an
affirmation, the appropriate local election official shall record
the individual's name and include that information with the
transmission of the ballot under division (B)(3) of this section.
(7) If an individual casts a provisional ballot pursuant to
division (A)(3), (7), (8), (12), or (13) of this section, the
election official shall indicate, on the provisional ballot
verification statement required under section 3505.182 of the
Revised Code, that the individual is required to provide
additional information to the board of elections or that an
application or challenge hearing has been postponed with respect
to the individual, such that additional information is required
for the board of elections to determine the eligibility of the
individual who cast the provisional ballot.
(8) During the ten days after the day of an election, an
individual who casts a provisional ballot pursuant to division
(A)(3), (7), (12), or (13) of this section shall appear at the
office of the board of elections and provide to the board any
additional information necessary to determine the eligibility of
the individual who cast the provisional ballot.
(a) For a provisional ballot cast pursuant to division
(A)(3), (12), or (13) of this section to be eligible to be
counted, the individual who cast that ballot, within ten days
after the day of the election, shall do any of the following:
(i) Provide to the board of elections proof of the
individual's identity in the form of a current and valid photo
identification, a military identification that shows the voter's
name and current address, or a copy of a current utility bill,
bank statement, government check, paycheck, or other government
document, other than a notice of an election mailed by a board of
elections under section 3501.19 of the Revised Code or a notice of
voter registration mailed by a board of elections under section
3503.19 of the Revised Code, that shows the individual's name and
current address;
(ii) Provide to the board of elections the last four digits
of the individual's social security number;
(iii) In the case of a provisional ballot executed pursuant
to division (A)(12) of this section, execute an affirmation as
permitted under division (A)(4) of section 3505.18 of the Revised
Code.
(b) For a provisional ballot cast pursuant to division (A)(7)
of this section to be eligible to be counted, the individual who
cast that ballot, within ten days after the day of that election,
shall provide to the board of elections any identification or
other documentation required to be provided by the applicable
challenge questions asked of that individual under section 3505.20
of the Revised Code.
(C)(1) If an individual declares that the individual is
eligible to vote in a jurisdiction other than the jurisdiction in
which the individual desires to vote, or if, upon review of the
precinct voting location guide using the residential street
address provided by the individual, an election official at the
polling place at which the individual desires to vote determines
that the individual is not eligible to vote in that jurisdiction,
the election official shall direct the individual to the polling
place for the jurisdiction in which the individual appears to be
eligible to vote, explain that the individual may cast a
provisional ballot at the current location but the ballot will not
be counted if it is cast in the wrong precinct, and provide the
telephone number of the board of elections in case the individual
has additional questions.
(2) If the individual refuses to travel to the polling place
for the correct jurisdiction or to the office of the board of
elections to cast a ballot, the individual shall be permitted to
vote a provisional ballot at that jurisdiction in accordance with
division (B) of this section. If any of the following apply, the
provisional ballot cast by that individual shall not be opened or
counted:
(a) The individual is not properly registered in that
jurisdiction.
(b) The individual is not eligible to vote in that election
in that jurisdiction.
(c) The individual's eligibility to vote in that jurisdiction
in that election cannot be established upon examination of the
records on file with the board of elections.
(D) The appropriate local election official shall cause
voting information to be publicly posted at each polling place on
the day of each election.
(E) As used in this section and sections 3505.182 and
3505.183 of the Revised Code:
(1) "Jurisdiction" means the precinct in which a person is a
legally qualified elector.
(2) "Precinct voting location guide" means either of the
following:
(a) An electronic or paper record that lists the correct
jurisdiction and polling place for either each specific
residential street address in the county or the range of
residential street addresses located in each neighborhood block in
the county;
(b) Any other method that a board of elections creates that
allows a precinct election official or any elector who is at a
polling place in that county to determine the correct jurisdiction
and polling place of any qualified elector who resides in the
county.
(3) "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 against acts of fraud and misrepresentation.
Sec. 3505.182. Each individual who casts a provisional
ballot under section 3505.181 of the Revised Code shall execute a
written affirmation. The form of the written affirmation shall be
printed upon the face of the provisional ballot envelope and shall
be substantially as follows:
"Provisional Ballot Affirmation
I, .................... (Name of provisional voter), solemnly
swear or affirm that I am a registered voter in the jurisdiction
in which I am voting this provisional ballot and that I am
eligible to vote in the election in which I am voting this
provisional ballot.
I understand that, if the above-provided information is not
fully completed and correct, if the board of elections determines
that I am not registered to vote, a resident of this precinct, or
eligible to vote in this election, or if the board of elections
determines that I have already voted in this election, my
provisional ballot will not be counted. I further understand that
knowingly providing false information is a violation of law and
subjects me to possible criminal prosecution.
I hereby declare, under penalty of election falsification,
that the above statements are true and correct to the best of my
knowledge and belief.
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(Signature of Voter) |
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(Voter's date of birth) |
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The last four digits of the voter's social security number |
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(To be provided if the voter is unable to provide a current and valid photo identification, a military identification that shows the voter's name and current address, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits) |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY
OF THE FIFTH DEGREE.
Additional Information For Determining Ballot Validity
(May be completed at voter's discretion)
Voter's current address: |
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Voter's former address if photo identification does not contain voter's current address |
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Voter's driver's license number or, if not provided above, the last four digits of voter's social security number |
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(Please circle number type) |
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(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification that shows the voter's name and current address, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.) |
Reason for voting provisional ballot (Check one): |
..... Requested, but did not receive, absent voter's early voting ballot |
..... Other |
Verification Statement
(To be completed by election official)
The Provisional Ballot Affirmation printed above was
subscribed and affirmed before me this .......... day of
.......... (Month), .......... (Year).
(If applicable, the election official must check the
following true statement concerning additional information needed
to determine the eligibility of the provisional voter.)
...... The provisional voter is required to provide
additional information to the board of elections.
...... An application or challenge hearing regarding this
voter has been postponed until after the election.
(The election official must check the following true
statement concerning identification provided by the provisional
voter, if any.)
...... The provisional voter provided a current and valid
photo identification.
...... The provisional voter provided a current valid photo
identification, other than a driver's license or a state
identification card, with the voter's former address instead of
current address and has provided the election official both the
current and former addresses.
...... The provisional voter provided a military
identification that shows the voter's name and current address or
a copy of a current utility bill, bank statement, government
check, paycheck, or other government document, other than a notice
of an election mailed by a board of elections under section
3501.19 of the Revised Code or a notice of voter registration
mailed by a board of elections under section 3503.19 of the
Revised Code, with the voter's name and current address.
...... The provisional voter provided the last four digits of
the voter's social security number.
...... The provisional voter is not able to provide a current
and valid photo identification, a military identification that
shows the voter's name and current address, or a copy of a current
utility bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections
under section 3503.19 of the Revised Code, with the voter's name
and current address but does have one of these forms of
identification. The provisional voter must provide one of the
foregoing items of identification to the board of elections within
ten days after the election.
..... The provisional voter is not able to provide a current
and valid photo identification, a military identification that
shows the voter's name and current address, or a copy of a current
utility bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections
under section 3503.19 of the Revised Code, with the voter's name
and current address but does have one of these forms of
identification. Additionally, the provisional voter does have a
social security number but is not able to provide the last four
digits of the voter's social security number before voting. The
provisional voter must provide one of the foregoing items of
identification or the last four digits of the voter's social
security number to the board of elections within ten days after
the election.
..... The provisional voter does not have a current and valid
photo identification, a military identification that shows the
voter's name and current address, a copy of a current utility
bill, bank statement, government check, paycheck, or other
government document with the voter's name and current address, or
a social security number, but has executed an affirmation.
..... The provisional voter does not have a current and valid
photo identification, a military identification that shows the
voter's name and current address, a copy of a current utility
bill, bank statement, government check, paycheck, or other
government document with the voter's name and current address, or
a social security number, and has declined to execute an
affirmation.
..... The provisional voter declined to provide a current and
valid photo identification, a military identification that shows
the voter's name and current address, a copy of a current utility
bill, bank statement, government check, paycheck, or other
government document with the voter's name and current address, or
the last four digits of the voter's social security number but
does have one of these forms of identification or a social
security number. The provisional voter must provide one of the
foregoing items of identification or the last four digits of the
voter's social security number to the board of elections within
ten days after the election.
|
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(Signature of Election Official)" |
In addition to any information required to be included on the
written affirmation, an individual casting a provisional ballot
may provide additional information to the election official to
assist the board of elections in determining the individual's
eligibility to vote in that election, including the date and
location at which the individual registered to vote, if known.
If the individual declines to execute the affirmation, an
appropriate local election official shall comply with division
(B)(6) of section 3505.181 of the Revised Code.
Sec. 3505.20. Any person offering to vote may be
challenged
at the polling place by any judge of
elections. If the board of
elections has ruled on the question
presented by a challenge prior
to election day, its finding and
decision shall be final, and the
presiding judge shall be notified
in writing. If the board has not
ruled, the question shall be
determined as set forth in this
section. If any person is so
challenged as unqualified to vote,
the presiding judge shall
tender the person the following oath:
"You do swear or
affirm under penalty of election falsification
that you
will fully and truly answer all of the following
questions put to
you concerning your qualifications as
an elector
at this election."
(A) If the person is challenged as unqualified on the
ground
that the person is not a citizen, the judges shall put
the
following questions:
(1) Are you a citizen of the United States?
(2) Are you a native or naturalized citizen?
(4) What official documentation do you possess to prove your
citizenship? Please provide that documentation.
If the person offering to vote claims to be a naturalized
citizen of the United States, the person shall, before the
vote is
received, produce for inspection of the judges a
certificate of
naturalization and declare under oath that the
person is the
identical person named in the certificate. If the person
states
under
oath that, by
reason of the naturalization of the person's
parents or one
of them, the person has become a citizen of the
United
States, and when or where the person's parents were
naturalized, the certificate of naturalization need
not be
produced. If the person is unable to provide a certificate of
naturalization on the day of the election, the judges shall
provide to the person, and the person may vote, a provisional
ballot under section 3505.181 of the Revised Code. The provisional
ballot shall not be counted unless it is properly completed and
the board of elections determines that the voter is properly
registered and eligible to vote in the election.
(B) If the person is challenged as unqualified on the
ground
that the person has not resided in this state for
thirty days
immediately preceding the election, the judges shall put the
following questions:
(1) Have you resided in this state for thirty days
immediately preceding this election? If so, where have you
resided?
(2) Did you properly register to vote?
(3) Can you provide some form of identification containing
your current mailing address in this precinct? Please provide that
identification.
(4) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(5) Have you applied for an absent voter's absentee ballot or
an early voting ballot in any state for this election?
If the judges are unable to verify the person's eligibility
to cast a ballot in the election, the judges shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot shall
not be counted unless it is properly completed and the board of
elections determines that the voter is properly registered and
eligible to vote in the election.
(C) If the person is challenged as unqualified on the
ground
that the person is not a resident of the
precinct where
the
person offers to vote, the judges shall put the following
questions:
(1) Do you reside in this precinct?
(2) When did you move into this precinct?
(3) When you came into this precinct, did you come for a
temporary purpose merely or for the purpose of making it your
home?
(4) What is your current mailing address?
(5) Do you have some official identification containing your
current address in this precinct? Please provide that
identification.
(6) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(7) Have you applied for any absent voter's absentee ballot
or early voting ballot in any state for this election?
The judges shall direct an individual who is not in the
appropriate polling place to the appropriate polling place. If the
individual refuses to go to the appropriate polling place, or if
the judges are unable to verify the person's eligibility to cast a
ballot in the election, the judges shall provide to the person,
and the person may vote, a provisional ballot under section
3505.181 of the Revised Code. The provisional ballot shall not be
counted unless it is properly completed and the board of elections
determines that the voter is properly registered and eligible to
vote in the election.
(D) If the person is challenged as unqualified on the
ground
that the person is not of legal voting age, the judges
shall put
the following questions:
(1) Are you eighteen years of age or more?
(2) What is your date of birth?
(3) Do you have some official identification verifying your
age? Please provide that identification.
If the judges are unable to verify the person's age and
eligibility to cast a ballot in the election, the judges shall
provide to the person, and the person may vote, a provisional
ballot under section 3505.181 of the Revised Code. The provisional
ballot shall not be counted unless it is properly completed and
the board of elections determines that the voter is properly
registered and eligible to vote in the election.
The presiding judge shall put such other questions to the
person challenged as are necessary to determine the person's
qualifications as an
elector at the election. If a person
challenged refuses to
answer fully any question put to the person,
is unable to
answer the
questions as they were answered on the
registration form by the
person under whose name the person offers
to vote, or refuses to
sign the person's name or make the
person's
mark, or if for any other reason a majority of
the judges believes
the person is not entitled to vote, the
judges shall
provide to
the person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot shall
not be counted unless it is properly completed and the board of
elections determines that the voter is properly registered and
eligible to vote in the election.
A qualified citizen who has certified the citizen's
intention
to
vote
for president and vice-president as provided by Chapter
3504. of
the Revised Code shall be eligible to receive only the
ballot
containing presidential and vice-presidential candidates.
However, prior to the nineteenth day before the day of an
election and in accordance
with section 3503.24 of the Revised
Code, any person qualified to
vote may challenge the right of any
other person to be registered
as a voter, or the right to cast an
absent voter's early voting ballot, or to
make application for
such ballot. Such challenge shall be made
in accordance with
section 3503.24 of the Revised Code, and the
board of elections of
the county in which the voting residence of
the challenged voter
is situated shall make a final determination
relative to the
legality of such registration or application.
Sec. 3509.01. The board of elections of each county shall
provide absent voter's early voting ballots for use at every
primary and
general election, or special election to be held on
the day
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.
Those ballots shall be the same size, shall be printed on
the same
kind of paper, and
shall be in the same form as has been
approved
for use
at the election for which
those ballots are to be
voted;
except
that, in counties using marking devices, ballot
cards may
be used
for absent voter's early voting ballots, and
those
absent early voters shall
be
instructed to record the vote
in the manner
provided on the
ballot cards.
In counties where
punch card
ballots are used,
those absent early voters shall be
instructed to
examine their
marked
ballot cards and to remove any
chads that
remain partially
attached to them before returning them
to
election officials.
The rotation of names of candidates and questions and
issues
shall be substantially complied with
on absent voter's early
voting ballots,
within the limitation of time
allotted.
Those
ballots shall
be
designated as "Absent Voter's Early Voting
Ballots" and shall be printed and
ready for use on the
thirty-fifth day before the day of the
election, except that
those
ballots shall be printed and
ready
for use on the twenty-fifth
day
before the day of a
presidential
primary election.
Absent voter's Early voting ballots provided for use at a
general or
primary election, or special election to be held on the
day
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,
shall
include only
those questions, issues, and candidacies
that
have
been lawfully ordered submitted to the electors voting
at
that
election.
Absent voter's Early voting ballots for special elections
held on days
other than the day on which general or primary
elections are
held
shall be ready for use as many days before the
day of the
election
as reasonably possible under the laws
governing the
holding of
that special election.
A copy of the absent voter's early voting ballots shall be
forwarded by
the director of the board in each county to the
secretary of
state
at least twenty-five days before the election.
As used in this section, "chad" and "punch card ballot" have
the same meanings as in section 3506.16 of the Revised Code.
Sec. 3509.02. (A) Any qualified elector
may vote by absent
voter's early voting
ballots at
an election.
(B) Any qualified elector who is unable to appear at the
office of the board of elections or, if pursuant to division (C)
of section 3501.10 of the Revised Code the board has designated
another location in the county at which registered electors may
vote, at that other location on account of personal illness,
physical disability, or infirmity, and who moves from one precinct
to
another within a county, changes
the elector's name
and moves
from one precinct to another
within 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 early voting ballots in that election as specified
in
division (G)
of section 3503.16 of the Revised Code.
Sec. 3509.021. Except as provided in section 3509.031 of the
Revised Code all
identification envelopes containing absent
voter's early voting ballots for former resident
voters who are
entitled to vote for presidential and vice-presidential
electors
only, shall have printed or stamped thereon the words,
"Presidential
Ballot."
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 early voting
ballot as provided in this chapter.
"Sec. 3509.03. (A) Except as provided in
section 3509.031 or
division (B) of section
3509.08 of the Revised Code, any qualified
elector desiring to vote absent
voter's early voting ballots at an
election
shall make written application for
those ballots to the
director
of elections of the county in which
the elector's voting
residence
is located. The application need
not be in any
particular form but
shall contain all of the following:
(A)(1) The elector's name;
(B)(2) The elector's signature;
(C)(3) The address at which the elector is registered to
vote;
(D)(4) The elector's date of birth;
(E)(5) One of the following:
(1)(a) The elector's driver's license number;
(2)(b) The last four digits of the elector's social security
number;
(3)(c) A copy of the elector's current and valid photo
identification, a copy of a military identification that shows the
elector's name and current address, or a copy of a current utility
bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections
under section 3503.19 of the Revised Code, that shows the name and
address of the elector.
(F)(6) A statement identifying the election for which absent
voter's early voting ballots are requested;
(G)(7) A statement that the person requesting the ballots is
a qualified elector;
(H)(8) If the request is for primary election ballots, the
elector's party affiliation;
(I)(9) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed.
(B) 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 absentee
ballots. Those The federal post card application shall be deemed
to be an application for early voting ballots under this section.
Early voting ballots shall be considered absentee ballots for the
purpose of the federal post card application.
Early voting
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 the voter is registered to vote.
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
early voting ballots for each election. When
mailing absent
voter's early voting 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
absentee
ballots by single federal post card application
and the voter's
address outside the United States to which the
voter requested
that those ballots be sent.
(C) Each application for absent voter's early voting 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 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 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 and
who will be unable to vote on election day on account of
that
active duty may make written application for absent voter's early
voting
ballots to the director of elections for the county in
which the
elector's voting residence is located. The elector 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 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, a copy of a military identification that shows the
elector's name and current address, or a copy of a current utility
bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections
under section 3503.19 of the Revised Code, that shows the name and
address of the elector.
(6) A statement identifying the election for which absent
voter's early voting 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 absent voter's early voting ballots
mailed or sent by facsimile machine to
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 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
that blank form to any of the
relatives specified in this division
desiring to make 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. The
application,
subscribed and sworn to by the applicant, shall
contain all of the following:
(1) The full name of the elector for whom ballots are
requested;
(2) A statement that such person is a qualified
elector
in
the county;
(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, a copy of a military identification that shows the
elector's name and current address, or a copy of a current utility
bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections
under section 3503.19 of the Revised Code, that shows the name and
address of the elector.
(6) A statement identifying the election for which absent
voter's early voting ballots are requested;
(7) A statement that the elector is a member of the
organized
militia serving on active duty within the state;
(8) If the request is for primary election ballots, the
elector's party affiliation;
(9) A statement that the applicant bears a relationship to
the elector as specified in division (B) of this section;
(10) The address to which ballots shall be mailed or
telephone number to which ballots shall be sent by facsimile
machine;
(11) The signature and address of the person making the
application.
(C) Applications to have absent voter's early voting 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 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 early voting ballots is
delivered to the director of elections
at the office of the board
by a militia member making
application in the militia member's
own behalf, the director
shall forthwith
deliver to the militia
member all absent voter's early voting ballots then
ready for use,
together with an identification envelope. The
militia member shall
then vote the absent voter's early voting 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 early voting 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 early voting 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, 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 early
voting ballots. The director shall
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, ........................(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.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained 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, a military identification that shows my name and
current address, or a current utility bill, bank statement,
government check, paycheck, or other government document, other
than a notice of an election mailed by a board of elections under
section 3501.19 of the Revised Code or a notice of voter
registration mailed by a board of elections, that shows my name
and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
|
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|
(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 an unsealed
return
envelope
upon the face
of which shall be printed the official
title and
post-office
address of the director. In the upper left
corner
on the face of
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
the identification envelope to the director.
Sec. 3509.05. (A) When an elector receives an absent voter's
early voting ballot pursuant
to the elector's application or
request, the elector shall, before placing any marks on the
ballot,
note whether there are any voting marks on it. 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 in a manner that the stub on it and
the
indorsements and facsimile signatures of the members of the
board
of elections on the back 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, a copy of a military identification
that shows the elector's name and current address, or a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document, other than a notice of an election
mailed by a board of elections under section 3501.19 of the
Revised Code or a notice of voter registration mailed by a board
of elections under section 3503.19 of the Revised Code, that shows
the name and address of the elector.
The elector shall mail the identification envelope to
the
director from whom it was received in the return envelope,
postage
prepaid, or 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. 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 early voting 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, the elector shall fold them, place them in the
identification
envelope provided, seal the envelope, fill in and
sign the statement 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
early voting ballots shall be delivered to the director not later
than the close of the polls on the day of an election. Absent
voter's Early voting 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 early voting 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 early voting 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 early voting
ballots of electors whose voting
residence appears from the
statement of voter on the outside of
each of 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 early voting
ballots were mailed.
(C) When the board of elections determines that absent
voter's early voting 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 absent voter's early voting 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 early voting 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 election
officials shall compare the signature of the
elector on the
outside of the identification envelope with
the signature of that
elector on 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 of the precinct officials
may
challenge the right of the elector named on the identification
envelope to vote the absent voter's early voting ballots upon the
ground that
the signature on the envelope is not the same as the
signature
on 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 in it, and shall remove the ballots
contained
in it and proceed to count them.
The name of each person voting who is entitled to vote only
an absent voter's early voting presidential ballot shall be
entered in a
pollbook or poll list or signature pollbook followed
by the words
"Absentee Early Presidential Ballot." The name of
each person voting
an absent voter's early voting 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 the person's
registration card marked to indicate
that 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, shall be endorsed "Not Counted" with the reasons
the
ballots were not counted, and shall be delivered to the board.
(E) Special election judges, employees or members of the
board of elections, or observers shall not disclose the count or
any portion of
the count of absent voter's early voting 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 early voting ballots in such a manner as to
jeopardize the secrecy of any individual ballot.
(F) Observers may be appointed under section 3505.21 of the
Revised Code to witness the examination and opening of
identification envelopes and the counting of absent voters' early
voting ballots under this section.
Sec. 3509.07. If
election officials find
that
the statement
accompanying an absent
voter's early voting ballot or absent
voter's early voting
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,
that Stub A is detached from the absent
voter's
early voting ballot or absent
voter's early voting 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 early 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 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 early voting
ballot to
the director of the board
of elections of the elector's
county.
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
director
before the ninetieth day or after twelve noon of the third
day
before the day of the election at which the ballot is to
be
voted.
The absent voter's early voting 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 ballot to the
disabled or
confined
elector and returning 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
board
employees belonging to the two major political parties for
the
purpose of delivering the ballot to the
disabled or confined
elector and returning it to the board. In
all other instances,
the
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
board
employees belonging to the two major political parties that
the elector is unable to mark
the elector's ballot
by reason of
physical infirmity that is
apparent to
the employees to be
sufficient to incapacitate the
voter from
marking
the elector's
ballot properly, may receive, upon
request,
the
assistance of the
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 belonging to the two major political
parties deliver a ballot to a disabled or
confined elector, each
of the employees shall be present when the
ballot is delivered,
when assistance is given, and when the
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 early voting ballots under
this
division.
This chapter applies to
disabled and
confined absent voter's
early voting
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 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 early voting
ballot if
either of the following apply:
(a) The elector is confined in a
hospital as a
result of an
accident or unforeseeable medical
emergency
occurring before the
election;
(b) The elector's minor child is confined in a hospital as a
result of an accident or unforeseeable medical emergency occurring
before the election.
(2) The application authorized under division (B)(1) of this
section 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 or the applicant's child is confined,
the date of the applicant's or the applicant's child's
admission
to the
hospital, and the offices for which the applicant is
qualified
to
vote. 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 early voting
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 early voting ballot to
be
delivered to the applicant.
When the
applicant or the
applicant's child 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 early voting
ballot
to the applicant, and for its return
to the office of the
board,
by two board employees belonging to the two major political
parties according to the
procedures prescribed in
division (A) of
this section. When the
applicant or the applicant's child 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 early voting 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.
(3) 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)(2) 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 early voting 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 early voting ballots to the board of elections may
apply
for
absent voter's early voting
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 early voting 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 early
voting ballot for that election but the director has not received
a sealed identification envelope purporting to contain that
elector's voted absent voter's early voting ballots for that
election, the elector shall be permitted to cast a provisional
ballot under section 3505.181 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 early voting
ballot for that election and the director has received a sealed
identification envelope purporting to contain that elector's voted
absent voter's early voting ballots for that election, the elector
shall be permitted to cast a provisional ballot under section
3505.181 of the Revised Code in that precinct on the day of that
election.
(C)(1) In counting absent voter's early voting ballots under
section 3509.06 of the Revised Code, the board of elections shall
compare the signature of each elector from whom the director has
received a sealed identification envelope purporting to contain
that elector's voted absent voter's early voting ballots for that
election to the signature on that elector's registration form.
Except as otherwise provided in division (C)(3) of this section,
if the board of elections determines that the absent voter's early
voting ballot in the sealed identification envelope is valid, it
shall be counted. If the board of elections determines that the
signature on the sealed identification envelope purporting to
contain the elector's voted absent voter's early voting ballot
does not match the signature on the elector's registration form,
the ballot shall be set aside and the board shall examine, during
the time prior to the beginning of the official canvass, the poll
list or signature pollbook from the precinct in which the elector
is registered to vote to determine if the elector also cast a
provisional ballot under section 3505.181 of the Revised Code in
that precinct on the day of the election.
(2) The board of elections shall count the provisional
ballot, instead of the absent voter's early voting ballot, 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 early voting ballots are enclosed does not
match the signature of the elector on the elector's registration
form;
(b) The elector cast a provisional ballot in the precinct on
the day of the election.
(3) If the board of elections does not receive the sealed
identification envelope purporting to contain the elector's voted
absent voter's early voting ballot by the applicable deadline
established under section 3509.05 of the Revised Code, the
provisional ballot cast under section 3505.181 of the Revised Code
in that precinct on the day of the election shall be counted as
valid, if that provisional ballot is otherwise determined to be
valid pursuant to section 3505.183 of the Revised Code.
(D) If the board of elections counts a provisional ballot
under division (C)(2) or (3) of this section, the returned
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. 3511.01. Any section of the Revised Code to the
contrary notwithstanding, any person serving in the armed forces
of the United States, or the spouse or dependent of any 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, who will be eighteen years of age or more on the
day of a general or special election and who is a citizen of the
United States, may vote armed service absent voter's early voting
ballots in
such general or special election as follows:
(A) If the service member is the voter, he the service member
may vote only in the precinct in which he the service member has
a
voting residence in the state,
and that voting residence shall be
that place in the precinct in
which he the service member resided
immediately preceding the
commencement of such
service, provided
that the time during which he the service
member continuously
resided in the state immediately preceding the commencement of
such service plus the time subsequent to such commencement and
prior to the day of such general, special, or primary election is
equal to or exceeds thirty days.
(B) If the spouse or dependent of a service member is the
voter, he the spouse or dependent may vote only in the precinct
in
which he the spouse or dependent has a voting
residence in the
state, and that voting residence shall be that
place in the
precinct in which he the spouse or dependent
resided immediately
preceding the time of leaving the state for the purpose of
being
with or near the service member, provided that the time during
which
he the spouse or dependent continuously resided in the state
immediately
preceding the time of leaving the state for the
purpose of being with or near
the service member plus the time
subsequent to such leaving and prior
to the day of such general,
special, or primary election is equal
to or exceeds thirty days.
(C) If the service member or his the service member's spouse
or
dependent establishes a permanent residence in a precinct other
than the
precinct in which he the person resided immediately
preceding
the commencement of his the service member's service,
the voting
residence of both the
service member and his the
service member's spouse or dependent
shall be the precinct
of such
permanent residence, provided that the time during which he
the
service member continuously resided in the state immediately
preceding the commencement of such service plus the time
subsequent to such
commencement and prior to the day of such
general, special, or primary
election is equal to or exceeds
thirty days.
Sec. 3511.02. Notwithstanding any section of the Revised
Code to the
contrary, 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 absent voter's early voting ballot. Early voting
ballots shall be considered absentee ballots for the purpose of
applications received pursuant to that act. Armed
service absent
voter's early voting 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 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 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, a copy of a military identification that shows the
elector's name and current address, or a copy of a current utility
bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections
under section 3503.19 of the Revised Code, that shows the name and
address of the elector.
(6) A statement identifying the election for which absent
voter's early voting 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 (C)
of this section may use a single federal post card application to
apply for armed service absent voter's absentee 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. Early voting ballots
shall be considered absentee ballots for the purpose of the
federal post card application. 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 early
voting ballots for each
election.
(C) Application to have armed service absent voter's early
voting 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. 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 (B) of this section. The form of the
application shall
be prescribed by the secretary of state. The
director shall
furnish that blank form to any of the relatives
specified in this
division desiring to make 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. The application, subscribed and sworn
to by the
applicant, shall contain all of the following:
(1) The full name of the elector for whom ballots
are
requested;
(2) A statement that the elector is an absent uniformed
services voter as defined in 42 U.S.C. 1973ff-6;
(3) 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;
(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, a copy of a military identification that shows the
elector's name and current address, or a copy of a current utility
bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections
under section 3503.19 of the Revised Code, that shows the name and
address of the elector.
(7) A statement identifying the election for which absent
voter's early voting 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
the elector as specified in division (C) of this section;
(11) The address to which ballots shall be mailed or
the
telephone number to which ballots shall be sent by facsimile
machine;
(12) The signature and address of the person
making the
application.
Each application for armed service absent voter's early
voting 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 early voting 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
those ballots are to
be voted if the application is delivered in
person to the office
of the board.
(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), (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. 3511.03. The board of elections of each county shall
provide armed
service absent voter's early voting ballots for use
at each election. Such ballots for
general or primary elections
shall be prescribed on the sixtieth day before
the day of such
elections and shall be the same as provided for absent early
voters
in section 3509.01 of the Revised Code.
Sec. 3511.04. (A) If a director of a board of elections
receives an application for armed service absent voter's early
voting 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 early voting
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 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 for them, mail or
send by facsimile machine to
the proper persons all armed service absent voter's early voting
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 the general
or primary election, the board shall promptly provide a separate
official issue, special election, or other election ballot for
submitting the question, issue, or candidacy to 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 early voting ballots.
In mailing armed service absent voter's early voting ballots,
the
director shall use the fastest mail service available, but the
director shall not mail them by certified mail.
Sec. 3511.05. (A) The director of the board of elections
shall
place armed service absent voter's early voting ballots sent
by mail in
an unsealed
identification envelope, gummed ready for
sealing.
The
director shall include with armed
service absent
voter's early voting
ballots
sent by facsimile machine an
instruction sheet for
preparing a
gummed envelope in which the
ballots shall be
returned. The
envelope for returning ballots
sent
by either means
shall
have
printed or written on its face a form
as follows:
"IDENTIFICATION ENVELOPE
Armed Service Absent Voter's Early Voting Ballots--
Election ..............................................
(Day of week and date)
Information Concerning Voter
1. What is your full name? ...............................
2. What is the date of your birth?
.......................
3. Are you a citizen of the United States?
...............
4. Where were you born?
..................................
5. If a naturalized citizen, when and in what court
were you
naturalized?
..................................................
6. Are you serving in the armed forces of the United
States,
or are you the spouse of a person serving in the
armed forces of
the United States? (Indicate which one)
.......................
7. What was the date at the commencement of your
service, or
the date you left the state of Ohio to be with
or near your
service member spouse?
........................................
8. Did you reside in the state of Ohio at the time of
the
commencement of your service, or the time you left the
state of
Ohio to be with or near your service member
spouse?
............
If so: What street and street number?
..........................
What city or village?
..........................................
What township?
.................................................
What county?
...................................................
What is your present Ohio address?
.............................
9. How long had you continuously resided in Ohio
immediately
preceding the commencement of your service, or
immediately
preceding the date you left the state of Ohio to
be with or near
your service member spouse?
....................................
10. Will you be outside the United States on the day of
the
election? ............ (Applicants who answer "yes" to this
question must also check the appropriate box on the
return
envelope to indicate that they will be outside the United
States.)
I hereby declare, under penalty of election falsification,
that the answers to the questions above set out are true and
correct to the best of my knowledge and belief, and that I am not
claiming, for the purpose of voting, a voting residence in any
other state.
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE.
|
|
|
(Voter must WRITE
the voter's |
|
usual
signature here.)" |
If the identification envelope is for use in a primary
election, it shall contain an additional question as follows:
"11. With what political party are you affiliated?
"
(B) The director shall also mail with the ballots and the
unsealed identification envelope sent by mail an unsealed return
envelope, gummed, ready for sealing, for use by the voter in
returning
the voter's marked ballots to the director. The
director
shall send with
the ballots and the instruction sheet for
preparing a gummed
envelope sent by facsimile machine an
instruction sheet for preparing a second
gummed envelope as
described in this division, for use by the voter in
returning that
voter's marked ballots to the
director. The return envelope shall
have
two parallel lines, each one quarter of an inch in width,
printed
across its face paralleling the top, with an intervening
space of
one quarter of an inch between such lines. The top line
shall be
one and one-quarter inches from the top of the envelope.
Between
the parallel lines shall be printed: "OFFICIAL ELECTION
ARMED SERVICE ABSENT VOTER'S EARLY VOTING BALLOTS -- VIA AIR
MAIL." Three
blank
lines shall be printed in the upper left corner
on the face
of
the envelope for the use by the voter in placing
the voter's
complete
military, naval, or mailing address
on these
lines, 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
official
title and the post-office address of
the
director to whom
the envelope shall
be returned shall be
printed
on the face of
such envelope in the lower right
portion
below the
bottom parallel
line.
(C) On the back of each identification envelope and
each
return
envelope shall be printed the following:
If the flap on this envelope is so firmly stuck to the
back
of the envelope when received by you as to require forcible
opening in order to use it, open the envelope in the manner
least
injurious to it, and, after marking your ballots and
enclosing
same in the envelope for mailing them to the director of
the board
of elections, reclose the envelope in the most
practicable way, by
sealing or otherwise, and sign the blank form
printed below.
The flap on this envelope was firmly stuck to the back
of the
envelope when received, and required forced opening
before sealing
and mailing.
(D) Division (C) of this section does not
apply when absent
voter's early voting ballots are sent by facsimile machine.
Sec. 3511.051. All identification envelopes containing
absent voter's early voting ballots
for voters who are entitled to
vote for presidential and vice-presidential
electors only shall
have printed or stamped thereon the words, "Presidential
Ballots
Only."
Sec. 3511.06. The identification envelope provided for in
section 3511.05 of the Revised Code shall be a No. 10, 24-lb.
white official envelope, four and one-eighth inches by nine and
one-half inches in size. The return envelope provided for in
such
section shall be a No. 11, 24-lb. white official envelope,
four
and one-half inches by ten and three-eighths inches in size.
The
envelope in which the two envelopes and the armed service
absent
voter's early voting ballots are mailed to the elector shall be a
No.
12, 24-lb. white official envelope, four and three-quarter
inches
by eleven inches in size, and it shall have two parallel
lines,
each one quarter of an inch in width, printed across its
face,
paralleling the top, with an intervening space of
one-quarter of
an inch between such lines. The top line shall be
one and
one-quarter inches from the top of the envelope. Between
the
parallel lines shall be printed: "official armed service
absent
voter's early voting balloting material--via air mail." The
appropriate
return address of the director of the board of
elections shall be
printed in the upper left corner on the face of
such envelope.
Several blank lines shall be printed on the face of
such envelope
in the lower right portion, below the bottom
parallel line, for
writing in the name and address of the elector
to whom such
envelope is mailed. All printing on such envelope
shall be in
red ink.
Sec. 3511.08. The director of the board of elections shall
keep a record of the name and address of each person to whom he
the
director mails or delivers armed service absent voter's early
voting ballots, the kinds
of ballots so mailed or delivered, and
the name and address of
the person who made the application for
such ballots. After he the
director has mailed or delivered such
ballots he, the
director shall not mail or deliver
additional
ballots of the same kind to such person pursuant to a
subsequent
request unless such subsequent request contains the
statement that
an earlier request had been sent to the director
prior to the
thirtieth day before the election and that the armed
service
absent voter's early voting ballots so requested had not been
received
by such person prior to the fifteenth day before the
election,
and provided that the director has not received an
identification
envelope purporting to contain marked armed service
absent
voter's early voting ballots from such person.
Sec. 3511.09. Upon receiving
armed service absent
voter's
early voting
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, a copy of a military
identification that shows the elector's name and current address,
or a copy of a current utility bill, bank statement, government
check, paycheck, or other government document, other than a notice
of an election mailed by a board of elections under section
3501.19 of the Revised Code or a notice of voter registration
mailed by a board of elections under section 3503.19 of the
Revised Code, 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 early voting 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. 3511.10. If, after the thirty-fifth day and before
the
close of the polls on the day of a general or primary
election, a
valid application for armed service absent voter's early voting
ballots is delivered to the director of the board of elections at
the office of the board by a person making the application in his
on
the person's own behalf, the director shall forthwith deliver
to the
person all armed service absent voter's early voting
ballots then ready for use,
together with an identification
envelope. The person shall then
immediately retire to a voting
booth in the office of the board,
and mark the ballots. He The
person shall then fold each ballot
separately so as to conceal his
the person's markings thereon,
and deposit all of the
ballots in
the identification envelope and securely seal it. Thereupon
he the
person shall fill in answers to the questions on the face
of the
identification envelope, and by writing his the person's
usual
signature in the proper place thereon, he the person shall
declare
under penalty of election falsification that the answers to those
questions are true and correct to the best of his that person's
knowledge and belief. He The person shall then deliver the
identification envelope to the
director. If thereafter, and before
the third day preceding such
election, the board provides
additional separate official issue
or special election ballots, as
provided for in section 3511.04
of the Revised Code, the director
shall promptly, and not later
than twelve noon of the third day
preceding the day of election,
mail such additional ballots to
such person at the address
specified by him that person for that
purpose.
In the event any person serving in the armed forces of the
United States is discharged after the closing date of
registration, and he that person or his that
person's spouse, or
both, meets all the other
qualifications set forth in section
3511.01 of the Revised Code,
he or she the person or spouse shall
be permitted to vote prior
to the date of the election in the
office of the board in his the
person's or spouse's county, as set
forth in this section.
Sec. 3511.11.
(A) Upon receipt of any
return envelope
bearing the
designation "Official Election Armed Service Absent
Voter's Early Voting
Ballot" prior to the twenty-first day after
the day of a
presidential primary election or prior to the
eleventh day after
the day of any other election, the director of
the board of
elections shall open it but shall not open the
identification
envelope
contained
in it. If, upon so opening
the
return
envelope, the director finds ballots
in
it that are not
enclosed
in
and properly sealed in the
identification envelope,
the
director shall
not
look at the markings upon
the ballots and
shall promptly
place them
in the identification envelope and
promptly seal
it. If, upon so opening
the return envelope, the
director finds
that
ballots are
enclosed in the
identification
envelope but that
it is not properly sealed,
the director shall
not look at the
markings upon
the ballots and
shall promptly seal
the identification envelope.
(B) Armed service absent voter's early voting ballots
delivered to the
director not later than the close of the polls on
election day
shall be counted in the manner provided in section
3509.06 of the
Revised Code.
(C) A return envelope that indicates that the voter will be
outside of the United States on the day of an election is not
required to be postmarked in order for an armed service absent
voter's early voting ballot contained in it to be valid. Except as
otherwise
provided in this division, whether or not the return
envelope
containing the ballot is postmarked or contains an
illegible
postmark, an armed service absent voter's early voting
ballot that
is
received after the close of the polls on election
day through
the
tenth day
after the election day or, if the
election was a
presidential
primary election, through the
twentieth day
after
the election day, and that
is
delivered in a
return envelope that
indicates that the voter
will
be outside the
United States on the
day of the election
shall be
counted on the
eleventh day
after the
election day or, if the
election was a
presidential primary
election, on the twenty-first
day
after the
election day, at the
office of the board of
elections in the
manner provided in
divisions (C) and (D) of
section 3509.06 of the
Revised Code.
However, if a
return envelope containing an armed
service absent
voter's early voting ballot
is so received and so
indicates, but it is
postmarked, or
the
identification envelope in
it is signed, after
the close of the
polls
on election day,
the
armed service absent
voter's early voting
ballot shall not be
counted.
(D) Armed service absent voter's early voting ballots
contained in return
envelopes that bear the designation "Official
Election Armed
Service Absent Voter's Early Voting Ballots," that
are received
by the director
after the close of the polls on the
day of the
election, and that
do not indicate they are from voters
who will
be outside the
United States on the day of the election,
armed
service absent
voter's early voting ballots contained in
return
envelopes that
bear that
designation, that
indicate that
the voter
will be outside the
United States on the
day of the
election, and
that
either
are
postmarked, or
contain an
identification envelope
that is signed,
after the close
of the
polls on the day
of
election, and armed
service absent
voter's
early voting ballots
contained in return envelopes that
bear that
designation, that so
indicate, and that are received
after the
tenth day following
the
election or, if the election was
a
presidential primary
election,
after the twentieth day following
the election, shall
not be
counted, but shall be
preserved in
their identification
envelopes
unopened
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.
Sec. 3511.12. In counting armed service absent voter's early
voting ballots pursuant to
section 3511.11 of the Revised Code,
the name of each voter, followed by
"Armed Service Absent Voter's
Early Voting Ballot," shall be written in the poll book or
poll
list together with such notations as will indicate the kinds of
ballots
the envelope contained. If any challenge is made and
sustained, the
identification envelope of such voter shall not be
opened and shall be
indorsed
"not counted" with the reasons
therefor.
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 service absent voter's early
voting 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 early voting 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 early
voting ballots for that election, the elector shall be permitted
to cast a provisional ballot under section 3505.181 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
early voting 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 early voting
ballots for that election, the elector shall be permitted to cast
a provisional ballot under section 3505.181 of the Revised Code in
that precinct on the day of that election.
(C)(1) In counting armed service absent voter's early voting
ballots under section 3511.11 of the Revised Code, the board of
elections shall compare the signature of each elector from whom
the director has received a sealed identification envelope
purporting to contain that elector's voted armed service absent
voter's early voting ballots for that election to the signature on
the elector's registration form. Except as otherwise provided in
division (C)(3) of this section, if the board of elections
determines that the armed service absent voter's early voting
ballot in the sealed identification envelope is valid, it shall be
counted. If the board of elections determines that the signature
on the sealed identification envelope purporting to contain the
elector's voted armed service absent voter's early voting ballot
does not match the signature on the elector's registration form,
the ballot shall be set aside and the board shall examine, during
the time prior to the beginning of the official canvass, the poll
list or signature pollbook from the precinct in which the elector
is registered to vote to determine if the elector also cast a
provisional ballot under section 3505.181 of the Revised Code in
that precinct on the day of the election.
(2) The board of elections shall count the provisional
ballot, instead of the armed service absent voter's early voting
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 early voting 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 early voting ballots are enclosed
does not match the signature of the elector on the elector's
registration form;
(b) The elector cast a provisional ballot in the precinct on
the day of the election.
(3) If the board of elections does not receive the sealed
identification envelope purporting to contain the elector's voted
armed service absent voter's early voting ballot by the applicable
deadline established under section 3511.11 of the Revised Code,
the provisional ballot cast under section 3505.181 of the Revised
Code in that precinct on the day of the election shall be counted
as valid, if that provisional ballot is otherwise determined to be
valid pursuant to section 3505.183 of the Revised Code.
(D)
If the board of elections counts a provisional ballot
under division (C)(2) or (3) of this section, the returned
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. 3513.052. (A) No person shall seek nomination or
election to any of the following offices or positions at the same
election by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, or by becoming a candidate through party nomination in a
primary election, or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code:
(1) Two or more state offices;
(2) Two or more county offices;
(3) A state office and a county office;
(4) A federal office and a state or county office;
(5) Any combination of two or more municipal or township
offices, positions
as a member of a city, local, or exempted
village board of
education, or positions as a member of a
governing board of an
educational service center.
(B) The secretary of state or a board of elections shall
not
accept for filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition of a person seeking to become a candidate if that person,
for the same election,
has already filed a
declaration of
candidacy, a declaration of intent to be a
write-in candidate, or
a nominating petition, or has become a candidate through party
nomination at a
primary election or by the filling of a vacancy
under section
3513.30 or 3513.31 of the Revised Code for:
(1) Any federal, state, or county office, if the declaration
of
candidacy, declaration of intent to be a write-in candidate, or
nominating petition is for a state or county office;
(2) Any municipal or township office, or for member of a
city,
local, or exempted village board of education, or for member
of a
governing board of an educational service center, if the
declaration of candidacy, declaration of intent to be a write-in
candidate, or nominating petition is for a municipal or township
office, or for member of a city, local, or exempted village board
of education, or for member of a governing board of an
educational
service center.
(C)(1) If the secretary of state determines, before the day
of the primary election, that a person is seeking nomination to
more than one office at that election in violation of division (A)
of this section, the secretary of state shall do one of the
following:
(a) If each office or the district for each office for which
the person is seeking nomination is wholly within a single
county
and none of those offices is a federal office,
the secretary of
state shall notify the board of elections
of that
county. The
board then shall determine the
date on which the
person first
sought to become a candidate for
each of those
offices by filing a
declaration of candidacy or a
declaration of
intent to be a
write-in candidate or by the filling
of a vacancy
under section
3513.30 of the Revised Code. The board
shall vote
promptly to
disqualify that person as a candidate for each office
for
which
the person sought to become a candidate after the date
on
which
the person first sought to become a candidate for any of
those
offices. If the board determines that the person sought to
become
a candidate for more than one of those offices on the same
date,
the board shall vote promptly to disqualify that person as a
candidate for
each office that would be listed on the ballot below
the highest office for which that person seeks nomination,
according to the ballot order prescribed under section 3505.03 of
the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county and none of the offices for which the
person is seeking nomination is a federal office, the secretary of
state shall
determine the date on which the person first sought to
become a
candidate for each of those offices by filing a
declaration of
candidacy or a declaration of intent to be a
write-in candidate or
by the filling of a vacancy under section
3513.30 of the Revised
Code. The secretary of state shall order
the board of elections
of each county in which the person is
seeking to appear on
the
ballot to disqualify that person as a
candidate for each
office
for which the person sought to become a
candidate after the
date
on which the person first sought to
become a candidate for
any of
those offices. If the secretary of
state determines that
the
person sought to become a candidate for
more than one of those
offices on the same date, the secretary of
state shall order the
board of elections of each county in which
the person is seeking
to appear on the ballot to disqualify that
person as a
candidate
for each office that would be listed on the
ballot below the
highest office for which that person seeks
nomination, according
to the ballot order prescribed under section
3505.03 of the
Revised Code. Each
board of elections so notified
shall vote
promptly to disqualify
the person as a candidate in
accordance
with the order of the
secretary of state.
(c) If each office or the district for each office for which
the person is seeking nomination is wholly within a single county
and any of those offices is a federal office, the secretary of
state shall notify the board of elections of that county. The
board then shall vote promptly to disqualify that person as a
candidate for each office that is not a federal office.
(d) If one or more of the offices for which the person is
seeking nomination is a state office and any of the offices for
which the person is seeking nomination is a federal office, the
secretary of state shall order the board of elections of each
county in which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office that is not
a federal office. Each board of elections so notified shall vote
promptly to disqualify the person as a candidate in accordance
with the order of the secretary of state.
(2) If a board of elections determines, before the day of the
primary election, that a person is seeking nomination to more than
one office at that election in violation of division (A) of this
section, the board shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking nomination is wholly within that
county and
none of those offices is a federal office,
the board shall
determine the date on which
the person first
sought to become a
candidate for each of those
offices by filing a
declaration of
candidacy or a declaration of
intent to be a
write-in candidate or
by the filling of a vacancy
under section
3513.30 of the Revised
Code. The board shall
vote promptly to
disqualify that person as a
candidate for each office for which
the person sought to become a
candidate after the date on which
the person first sought to
become a candidate for any of those
offices. If the board
determines that the person sought to become
a candidate for more
than one of those offices on the same date,
the board shall vote
promptly to disqualify that person as a
candidate for each office
that would be listed on the ballot below
the highest office for
which that person seeks nomination,
according to the ballot order
prescribed under section 3505.03 of
the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county and none of the offices for which the
person is seeking nomination is a federal office, the board shall
notify
the secretary
of state. The secretary of state then shall
determine the date on
which the person first sought to become a
candidate for each of
those offices by filing a declaration of
candidacy or a
declaration of intent to be a write-in candidate or
by the filling
of a vacancy under section 3513.30 of the Revised
Code. The
secretary of state shall order the board of elections
of
each
county in which the person is seeking to appear on
the ballot
to
disqualify that person as a candidate for each
office for which
the person sought to become a candidate after the
date on which
the person first sought to become a candidate for
any of those
offices. If the secretary of state determines that
the person
sought to become a candidate for more than one of those
offices on
the same date, the secretary of state shall order the
board of
elections of each county in which the person is seeking to appear
on the ballot to disqualify that person as a
candidate for each
office that would be listed on the ballot below the highest office
for which that person seeks nomination, according to the ballot
order prescribed under section 3505.03 of the Revised Code. Each
board of elections so notified shall vote promptly to disqualify
the person as a candidate in accordance with the order of the
secretary of state.
(c) If each office or the district for each office for which
the person is seeking nomination is wholly within a single county
and any of those offices is a federal office, the board shall vote
promptly to disqualify that person as a candidate for each office
that is not a federal office.
(d) If one or more of the offices for which the person is
seeking nomination is a state office and any of the offices for
which the person is seeking nomination is a federal office, the
board shall notify the secretary of state. The secretary of state
then shall order the board of elections of each county in which
the person is seeking to appear on the ballot to disqualify that
person as a candidate for each office that is not a federal
office. Each board of elections so notified shall vote promptly to
disqualify the person as a candidate in accordance with the order
of the secretary of state.
(D)(1) If the secretary of state determines, after the day of
the primary election and before the day of the general election,
that a person is seeking election to more than one office at that
election in violation of division (A) of this section, the
secretary of state shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking election is wholly within a single
county
and none of those offices is a federal office,
the secretary of
state shall notify the board of elections
of that
county. The
board then shall determine the
offices for which the
person seeks
to appear as a candidate on the ballot.
The
board
shall vote
promptly to disqualify that person as a candidate for
each
office
that would be listed on the ballot below the highest
office
for
which that person seeks election, according to the
ballot
order
prescribed under section 3505.03 of the Revised Code.
If the
person sought nomination at a primary election and has not
yet
been issued a certificate of nomination, the board shall not
issue
that certificate for that person for any office that would
be
listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county and none of the offices for which the
person is seeking election is a federal office, the secretary of
state shall promptly
investigate and determine the offices for
which the person seeks
to appear as a candidate on the ballot. The
secretary of state
shall order
the board of elections of each
county in which the
person is seeking to appear on the ballot to
disqualify that
person as a
candidate for each office that would
be listed on the
ballot below
the highest office for which that
person seeks
election, according
to the ballot order prescribed
under section
3505.03 of the
Revised Code. Each board of elections
so notified
shall vote
promptly to disqualify the person as a
candidate in
accordance
with the order of the secretary of state.
If the person
sought nomination at a primary election and has not
yet been
issued a certificate of nomination, the board shall not
issue that
certificate for that person for any office that would
be listed on
the ballot below the highest office for which that
person seeks
election, according to the ballot order prescribed
under section
3505.03 of the Revised Code.
(c) If each office or the district for each office for which
the person is seeking election is wholly within a single county
and any of those offices is a federal office, the secretary of
state shall notify the board of elections of that county. The
board then shall vote promptly to disqualify that person as a
candidate for each office that is not a federal office. If the
person sought nomination at a primary election and has not yet
been issued a certificate of nomination, the board shall not issue
that certificate for that person for any office that is not a
federal office.
(d) If one or more of the offices for which the person is
seeking election is a state office and any of the offices for
which the person is seeking election is a federal office, the
secretary of state shall order the board of elections of each
county in which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office that is not
a federal office. Each board of elections so notified shall vote
promptly to disqualify the person as a candidate in accordance
with the order of the secretary of state. If the person sought
nomination at a primary election and has not yet been issued a
certificate of nomination, the board shall not issue that
certificate for that person for any office that is not a federal
office.
(2) If a board of elections determines, after the day of the
primary election and before the day of the general election, that
a person is seeking election to more than one office at that
election in violation of division (A) of this section, the board
of elections shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking election is wholly within that
county and
none of those offices is a federal office, the
board shall
determine the offices for
which the person seeks to
appear as a
candidate on the ballot. The board
shall vote
promptly to
disqualify that person as a candidate for each office
that
would
be listed on the ballot below the highest office for
which
that
person seeks election, according to the ballot order
prescribed
under section 3505.03 of the Revised Code. If the
person sought
nomination at a primary election and has not yet
been issued a
certificate of nomination, the board shall not issue
that
certificate for that person for any office that would be
listed on
the ballot below the highest office for which that
person seeks
election, according to the ballot order prescribed
under section
3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county and none of the offices for which the
person is seeking election is a federal office, the board shall
notify
the secretary
of state. The secretary of state promptly
shall
investigate and
determine the offices for which the person
seeks to appear as a
candidate on the ballot. The secretary of
state shall order
the
board of elections of each county in which
the person is seeking
to appear on the ballot to disqualify that
person as a
candidate
for each office that would be listed on the
ballot below
the
highest office for which that person seeks
election,
according to
the ballot order prescribed under section
3505.03 of
the Revised
Code. Each board of elections so notified
shall vote
promptly to
disqualify the person as a candidate in
accordance
with the order
of the secretary of state. If the person
sought nomination at a
primary election and has not yet been
issued a certificate of
nomination, the board shall not issue that
certificate for that
person for any office that would be listed on
the ballot below the
highest office for which that person seeks
election, according to
the ballot order prescribed under section
3505.03 of the Revised
Code.
(c) If each office or the district for each office for which
the person is seeking election is wholly within that county and
any of those offices is a federal office, the board shall vote
promptly to disqualify that person as a candidate for each office
that is not a federal office. If the person sought nomination at a
primary election and has not yet been issued a certificate of
nomination, the board shall not issue that certificate for that
person for any office that is not a federal office.
(d) If one or more of the offices for which the person is
seeking election is a state office and any of the offices for
which the person is seeking election is a federal office, the
board shall notify the secretary of state. The secretary of state
shall order the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that
person as a candidate for each office that is not a federal
office. Each board of elections so notified shall vote promptly to
disqualify the person as a candidate in accordance with the order
of the secretary of state. If the person sought nomination at a
primary election and has not yet been issued a certificate of
nomination, the board shall not issue that certificate for that
person for any office that is not a federal office.
(E) When a person is disqualified as a candidate under
division (C) or (D) of this section, on or before the sixtieth day
before the day of the applicable election, or, if the election is
a presidential primary election, on or before the forty-fifth day
before the day of the presidential primary election, the board of
elections shall remove the person's name from the ballot for any
office for which that person has
been disqualified as a candidate
according to the
directions of the secretary of state. When a
person is disqualified as a candidate under division (C) or (D) of
this section after the sixtieth day before the day of the
applicable election, or, if the election is a presidential primary
election, after the forty-fifth day before the day of the
presidential primary election, the board of elections shall not
remove the person's name from the ballot for any office for which
that person has been disqualified as a candidate. The board of
elections shall post a notice at each polling location on the day
of the applicable election, and shall enclose with each absent
voter's early voting ballot given or mailed after the candidate is
disqualified, a notice that votes for the person for the office
for which the person has been disqualified as a candidate will be
void and will not be counted. If the
name is not removed
from the
ballots before the day of the
election, the votes for the
disqualified candidate are void and
shall not be counted.
(F) Any vacancy created by the disqualification of a person
as a candidate under division (C) or (D) of this section may be
filled in the manner provided for in sections 3513.30 and 3513.31
of the Revised Code.
(G) Nothing in this section or section 3513.04, 3513.041,
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,
3513.259, or 3513.261 of the Revised Code prohibits, and the
secretary of state or a board of
elections shall not disqualify, a
person from being a candidate
for an office, if that person timely
withdraws as a candidate
for any offices specified in division (A)
of this section for which that person
first sought to become a
candidate by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, by party nomination in a primary election, or by the
filling of a vacancy under section 3513.30 or 3513.31 of the
Revised Code.
(H) As used in this section:
(1) "State office" means the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of
state, attorney general, member of the state board of education,
member of the general assembly, chief justice of the supreme
court, and justice of the supreme court.
(2) "Timely withdraws" means either of the following:
(a) Withdrawing as a candidate before the applicable deadline
for filing a declaration of candidacy, declaration of intent to be
a write-in candidate, or nominating petition for the subsequent
office for which the person is seeking to become a candidate at
the same election;
(b) Withdrawing as a candidate before the applicable deadline
for the filling of a vacancy under section 3513.30 or 3513.31 of
the Revised Code, if the person is seeking to become a candidate
for a subsequent office at the same election under either of those
sections.
Sec. 3513.15. The names of the candidates in each group of
two or more candidates seeking the same nomination or election at
a primary election, except delegates and alternates to the
national convention of a political party, shall be rotated and
printed as provided in section 3505.03 of the Revised Code,
except
that no indication of membership in or affiliation with a
political party shall be printed after or under the candidate's
name. When the names of the first choices for president of
candidates for delegate and alternate are not grouped with the
names of such candidates, the names of the first choices for
president shall be rotated in the same manner as the names of
candidates. The specific form and size of the ballot shall be
prescribed by the secretary of state in compliance with this
chapter.
It shall not be necessary to have the names of candidates
for
member of a county central committee printed on the ballots
provided for absentee early voters, and the board may cause the
names
of such candidates to be written on said ballots in the
spaces
provided therefor.
The secretary of state shall prescribe the procedure for
rotating the names of candidates on the ballot and the form of
the
ballot for the election of delegates and alternates to the
national convention of a political party in accordance with
section 3513.151 of the Revised Code.
Sec. 3513.30. (A)(1) If only one valid declaration of
candidacy is filed for nomination as a candidate of a political
party for an office and that candidate dies prior to the tenth
day
before the primary election, both of the following may
occur:
(a) The political party whose candidate died may fill the
vacancy so created
as provided in division (A)(2) of this
section.
(b) Any major political party other than the one whose
candidate died may select a candidate as provided in division
(A)(2) of this section under either of the following
circumstances:
(i) No person has filed a valid declaration of candidacy for
nomination as that party's candidate at the primary election.
(ii) Only one person has filed a valid declaration of
candidacy for nomination as that party's candidate at the primary
election,
that person has
withdrawn, died, or been disqualified
under section 3513.052 of the Revised Code, and the vacancy so
created has not been filled.
(2) A vacancy may be filled under division
(A)(1)(a) and a
selection may be made under division
(A)(1)(b) of this section
by
the appropriate committee of the political party in the same
manner as provided in divisions
(A)
to (E) of section
3513.31
of
the Revised Code for the filling of similar vacancies
created
by
withdrawals
or disqualifications under section 3513.052
of the
Revised Code after the primary election, except that
the
certification required under that
section may not be filed with
the secretary of state, or with a board of the most populous
county of a district, or with the board of a county in which the
major portion of the population of a subdivision is located,
later
than four p.m. of the tenth day before the day of such
primary
election, or with any other board later than four p.m.
of the
fifth day before the day of such primary election.
(3) If only one valid declaration of candidacy is
filed for
nomination as a candidate of a political party for an
office and
that candidate dies on or after the tenth day before
the day of
the primary election, that candidate is considered to
have
received the nomination of that candidate's political party at
that
primary election, and, for purposes of filling the vacancy so
created,
that candidate's death shall be treated as if that
candidate died on the day
after the day of the primary election.
(B) Any person filing a declaration of candidacy may
withdraw
as such candidate at any time prior to the primary
election, or,
if the primary
election is a presidential primary
election, at any
time prior to
the fiftieth day before the
presidential primary
election. The withdrawal
shall be effected
and
the statement of
withdrawal shall be filed in accordance with
the
procedures
prescribed in division (D) of this section
for the
withdrawal of
persons nominated in a primary election or
by
nominating petition.
(C) A person who is the first choice for president of
the
United States by a candidate for delegate or alternate to a
national convention of a political party may withdraw consent
for
the selection of the person as such first choice
no later than
four p.m. of
the thirtieth day before the day of the
presidential
primary election. Withdrawal
of consent shall be for the entire
slate of
candidates for delegates and alternates who named such
person as
their presidential first choice and shall constitute
withdrawal
from the primary election by such delegates and
alternates. The
withdrawal shall be made in writing and delivered
to the
secretary of state. If the withdrawal is delivered to the
secretary of state on or before the sixtieth day before the day of
the primary election, or, if the election is a presidential
primary election, on or before the forty-fifth day before the day
of the presidential primary election, the boards of elections
shall remove
both
the name of the withdrawn first choice and the
names of such
withdrawn candidates from the ballots according to
the
directions of the secretary of state. If the withdrawal is
delivered to the secretary of state after the sixtieth day before
the day of the primary election, or, if the election is a
presidential primary election, after the forty-fifth day before
the day of the presidential primary election, the board of
elections shall not remove the name of the withdrawn first choice
and the names of the withdrawn candidates from the ballots. The
board of elections shall post a notice at each polling location on
the day of the primary election, and shall enclose with each
absent voter's early voting ballot given or mailed after the
candidate withdraws, a notice that votes for the withdrawn first
choice or the withdrawn candidates will be void and will not be
counted. If such names are not
removed from all ballots before the
day of the election, the
votes
for the withdrawn first choice or
the withdrawn candidates are void and
shall
not be counted.
(D) Any person nominated in a primary election or by
nominating
petition as a candidate for election at the next
general election
may withdraw as such candidate at any time prior
to the
general election.
Such
withdrawal may be effected by the
filing of a written statement
by such candidate announcing the
candidate's withdrawal and
requesting that the candidate's name
not be printed on the
ballots. If such candidate's
declaration of
candidacy or nominating petition was filed with
the secretary of
state, the candidate's statement of
withdrawal shall be
addressed
to and filed with the secretary of state. If such
candidate's
declaration of candidacy or nominating petition was
filed with a
board of elections, the candidate's statement
of withdrawal
shall
be addressed to and filed with such board.
(E) When a person withdraws under division
(B) or (D) of
this
section on or before the sixtieth day before the day of the
primary election, or, if the election is a presidential primary
election, on or before the forty-fifth day before the day of the
presidential primary election, the board of
elections shall remove
the name of the
withdrawn candidate from
the ballots according to
the
directions of the
secretary of state. When a person withdraws
under division (B) or (D) of this section after the sixtieth day
before the day of the primary election, or, if the election is a
presidential primary election, after the forty-fifth day before
the day of the presidential primary election, the board of
elections shall not remove the name of the withdrawn candidate
from the ballots. The board of elections shall post a notice at
each polling place on the day of the primary election, and shall
enclose with each absent voter's early voting ballot given or
mailed after the candidate withdraws, a notice that votes for the
withdrawn candidate will be void and will not be counted. If the
name is not removed
from all ballots
before the day of the
election, the votes for the
withdrawn
candidate are void and shall
not be counted.
Sec. 3515.01. Any person for whom votes were cast in a
primary election for nomination as a candidate for election to an
office who was not declared nominated may file with the board of
elections of a county a written application for a recount of the
votes cast at such primary election in any precinct in such
county
for all persons for whom votes were cast in such precinct
for such
nomination.
Any person who was a candidate at a general, special, or
primary election for election to an office or postion position
who
was not declared elected may file with the board of a county
a
written application for a recount of the votes cast at such
election in any precinct in such county for all candidates for
election to such office or position.
Any group of five or more qualified electors may file with
the board of a county a written application for a recount of the
votes cast at an election in any precinct in such county upon any
question or issue, provided that the members of such group shall
state in such application either that they voted "Yes" or in
favor
of such question or issue and that such question or issue
was
declared defeated or rejected, or that they voted "No" or
against
such question or issue and that such question or issue
was
declared carried or adopted. Such group of electors shall,
in such
application, designate one of the members of the group as
chairman
chairperson, and shall indicate therein the voting
residence of
each member of such group. In all such applications the person
designated as chairman chairperson is the applicant for the
purposes of sections 3515.01 to 3515.07 of the Revised Code, and
all notices
required by section 3515.03 of the Revised Code to be
given to an
applicant for a recount shall be given to such person.
In the recount of absentee early voting ballots that are
tallied by
county instead of by precinct, as provided in section
3509.06 of
the Revised Code, the county shall be considered a
separate
precinct for purposes of recounting such absentee early
voting ballots.
Sec. 3517.08. (A) The personal expenses of a candidate
paid
for by the candidate, from the candidate's personal
funds, shall
not be considered as a contribution by or an expenditure by the
candidate and shall not be reported under section 3517.10 of the
Revised Code.
(B)(1) An expenditure by a political action
committee or a
political contributing entity shall not be considered a
contribution by the
political action committee or the political
contributing entity or an
expenditure
by or on behalf of the
candidate if the purpose of the
expenditure is to inform only its
members by means of mailed
publications of its activities or
endorsements.
(2) An expenditure by
a political party shall not be
considered a contribution by the
political party or an expenditure
by or on behalf of the
candidate if the purpose of the expenditure
is to inform
predominantly the party's members by means of mailed
publications or other direct communication of its activities or
endorsements, or for voter contact such as sample
ballots, absent
voter's early voting ballots application mailings, voter
registration, or get-out-the-vote activities.
(C) An expenditure by a continuing association, political
contributing entity, or
political party shall not be considered a
contribution to any
campaign committee or an expenditure by or on
behalf of any
campaign committee if the purpose of the expenditure
is for the
staff and maintenance of the continuing association's,
political contributing entity's, or
political party's
headquarters, or for a political poll, survey,
index, or other
type of measurement not on behalf of a specific
candidate.
(D) The expenses of maintaining a constituent office paid
for, from the candidate's personal funds, by a candidate who
is a
member of the general assembly at the time of the election shall
not be
considered a contribution by or an expenditure by or on
behalf of
the candidate, and shall not be reported, if the
constituent
office is not used for any candidate's campaign
activities.
(E) The net contribution of
each social or fund-raising
activity shall be calculated by
totaling all contributions to the
activity minus the expenditures made for the
activity.
(F) An expenditure that purchases goods or services shall
be
attributed to an election when the disbursement of funds is
made,
rather than at the time the goods or services are used. The
secretary
of state, under the procedures of Chapter 119. of
the
Revised Code, shall establish rules for the attribution of
expenditures to a candidate when the candidate is a candidate
for
more than one office during a reporting period and for
expenditures made
in a year in which no election is held. The
secretary of
state shall
further define by rule those expenditures
that are or are not by or on behalf
of a candidate.
(G) An expenditure for the purpose of a charitable
donation
may be made if it is made to an organization that is
exempt from
federal income taxation under subsection 501(a) and
described in
subsection 501(c)(3), 501(c)(4), 501(c)(8),
501(c)(10), or
501(c)(19) of the Internal Revenue Code or is
approved by advisory
opinion of the Ohio elections commission as
a legitimate
charitable organization. Each expenditure under
this division
shall be separately itemized on statements made pursuant to
section 3517.10 of the Revised Code.
Sec. 3599.11. (A) No person shall knowingly register or
make
application or attempt to register in a precinct in which the
person is
not a qualified voter; or knowingly aid or abet any
person to
so register; or attempt to register or knowingly induce
or
attempt to induce any person to so register; or
knowingly
impersonate another or write or assume the name of another, real
or fictitious, in registering or attempting to register; or by
false statement or other unlawful means procure, aid, or attempt
to procure the erasure or striking out on the register or
duplicate list of the name of a qualified elector therein; or
knowingly induce or attempt to induce a registrar
or other
election authority to refuse registration in a precinct to an
elector thereof; or knowingly swear or
affirm
falsely upon a
lawful examination by or before any
registering officer; or make,
print, or issue any false or
counterfeit certificate of
registration or
knowingly alter any
certificate of registration.
No person shall knowingly register under more than one name
or knowingly induce any person to so register.
No person shall knowingly make any false statement on any
form for registration or change of registration or upon any
application or return envelope for an absent voter's early voting
ballot.
Whoever violates this division is guilty of a felony of the
fifth degree.
(B)(1) No person who helps another person register outside
an
official voter registration place shall knowingly destroy, or
knowingly help another person to destroy, any completed
registration form.
Whoever violates this division is guilty of election
falsification, a felony of the fifth degree.
(2)(a) No person who helps another person register outside an
official voter registration place shall knowingly fail to return
any registration
form entrusted to that person to any board of
elections or the office of the secretary of state within ten days
after that regsitration registration form is completed, or on or
before the thirtieth day before the election, whichever day is
earlier, unless the registration form is received by the person
within twenty-four hours of the thirtieth day before the election,
in which case the person shall return the registration form to any
board of elections or the office of the secretary of state within
ten days of its receipt.
Whoever violates this division is guilty of election
falsification, a felony of the fifth degree, unless the person has
not previously been convicted of a violation of division
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the
violation of this division does not cause any person to miss any
voter registration deadline with regard to any election, and the
number of voter registration forms that the violator has failed to
properly return does not exceed forty-nine, in which case the
violator is guilty of a misdemeanor of the first degree.
(b) Subject to division (C)(2) of this section, no person who
helps another person register outside an official registration
place shall knowingly return any registration form entrusted to
that person to any location other than any board of elections or
the office of the secretary of state.
Whoever violates this division is guilty of election
falsification, a felony of the fifth degree, unless the person has
not previously been convicted of a violation of division
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the
violation of this division does not cause any person to miss any
voter registration deadline with regard to any election, and the
number of voter registration forms that the violator has failed to
properly return does not exceed forty-nine, in which case the
violator is guilty of a misdemeanor of the first degree.
(C)(1) No person who receives compensation for registering a
voter shall knowingly fail to return any registration form
entrusted to that person to any board of elections or the office
of the secretary of state within ten days after that voter
registration form is completed, or on or before the thirtieth day
before the election, whichever is earlier, unless the registration
form is received by the person within twenty-four hours of the
thirtieth day before the election, in which case the person shall
return the registration form to any board of elections or the
office of the secrtary secretary of state within ten days of its
receipt.
Whoever violates this division is guilty of election
falsification, a felony of the fifth degree, unless the person has
not previously been convicted of a violation of division
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the
violation of this division does not cause any person to miss any
voter registration deadline with regard to any election, and the
number of voter registration forms that the violator has failed to
properly return does not exceed forty-nine, in which case the
violator is guilty of a misdemeanor of the first degree.
(2) No person who receives compensation for registering a
voter shall knowingly return any registration form entrusted to
that person to any location other than any board of elections or
the office of the secretary of state.
Whoever violates this division is guilty of election
falsification, a felony of the fifth degree, unless the person has
not previously been convicted of a violation of division
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the
violation of this division does not cause any person to miss any
voter registration deadline with regard to any election, and the
number of voter registration forms that the violator has failed to
properly return does not exceed forty-nine, in which case the
violator is guilty of a misdemeanor of the first degree.
(D) As used in division (C) of this section, "registering a
voter" includes any effort, for compensation, to provide voter
registration forms or to assist persons in completing or returning
those forms.
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 early voting ballots under division
(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 early voting ballots under division
(G) of
section 3503.16 of the
Revised Code and by absent voter's early
voting
ballots under Chapter 3509. or armed service absent voter's
early voting
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 early voting ballot;
(2) Aid or abet a person to vote an absent voter's early
voting
ballot illegally;
(3) If the person is
an election official, open, destroy,
steal, mark, or mutilate any
absent
voter's early voting ballot;
(4) Aid or abet another person to open, destroy,
steal, mark,
or
mutilate any absent voter's early voting ballot after the
ballot has been voted;
(5) Delay
the delivery of any absent voter's early voting
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 early voting ballot;
(7) Fail to forward to the appropriate election official an
absent voter's early voting
ballot application entrusted to that
person to so forward;
(8) Fail to forward to the appropriate election official an
absent voter's early voting ballot application entrusted to that
person to so forward within ten days after that application is
completed or within such a time period that the failure to so
forward the application disenfranchises the voter with respect to
a particular election, whichever is earlier;
(9) Except as authorized under Chapters 3509. and 3511. of
the Revised Code, possess the absent voter's early voting 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 early voting ballots shall fail to forward to
the appropriate election official an absent voter's early voting
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 early voting ballots
shall fail to forward to the appropriate election official an
absent voter's early voting 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 early voting ballots" includes any effort, for
compensation, to provide absent voter's early voting 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.
Section 2. That existing sections 3501.05, 3501.29, 3501.90,
3503.16, 3504.04, 3505.03, 3505.181, 3505.182, 3505.20, 3509.01,
3509.02, 3509.021, 3509.022, 3509.03, 3509.031, 3509.04, 3509.05,
3509.06, 3509.07, 3509.08, 3509.09, 3511.01, 3511.02, 3511.03,
3511.04, 3511.05, 3511.051, 3511.06, 3511.08, 3511.09, 3511.10,
3511.11, 3511.12, 3511.13, 3513.052, 3513.15, 3513.30, 3515.01,
3517.08, 3599.11, 3599.12, and 3599.21 of the Revised Code are
hereby repealed.
Section 3. Notwithstanding any provision of the Revised Code
to the contrary, any absent voter's ballot prepared under Chapter
3509. or 3511. of the Revised Code prior to the effective date of
this act for use in an election conducted on or after the
effective date of this act may be used in that election as if the
ballot were an early voting ballot, regardless of whether the
words "absent voter's ballot" appear on the ballot, identification
envelope, or return envelope.
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