The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 380 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
A BILL
To amend sections 3503.15, 3505.21, 3509.02, 3509.03,
3509.04, 3509.05, 3509.06,
3509.07, 3511.01,
3511.02, 3511.05, and 3511.11 of the Revised Code
to require absent voter's ballot identification
envelope statements to be completed for absent
voter's ballots to be counted, to require boards
of elections to notify absent voters that their
ballots will be rejected if they do not complete
the required statement, to prohibit same day
voter registration and application for absent
voter's ballots, to
permit election observers to
be appointed to serve
at the board of elections
or at another designated
site during the time
absent voter's ballots may be
cast in person, and
to require the
Secretary of State to notify
boards of elections
of mismatches between voter
registration
information and motor vehicle
records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3503.15, 3505.21, 3509.02, 3509.03,
3509.04, 3509.05, 3509.06,
3509.07, 3511.01, 3511.02, 3511.05,
and 3511.11 of the Revised Code be amended to
read as follows:
Sec. 3503.15. (A) The secretary of state shall establish and
maintain a statewide voter registration database that shall be
continuously available to each board of elections and to other
agencies as authorized by law.
(B) The statewide voter registration database established
under this section shall be the official list of registered voters
for all elections conducted in this state.
(C) The statewide voter registration database established
under this section shall, at a minimum, include all of the
following:
(1) An electronic network that connects all board of
elections offices with the office of the secretary of state and
with the offices of all other boards of elections;
(2) A computer program that harmonizes the records contained
in the database with records maintained by each board of
elections;
(3) An interactive computer program that allows access to the
records contained in the database by each board of elections and
by any persons authorized by the secretary of state to add,
delete, modify, or print database records, and to conduct updates
of the database;
(4) A search program capable of verifying registered voters
and their registration information by name, driver's license
number, birth date, social security number, or current address;
(5) Safeguards and components to ensure that the integrity,
security, and confidentiality of the voter registration
information is maintained.
(D) The secretary of state shall adopt rules pursuant to
Chapter 119. of the Revised Code doing all of the following:
(1) Specifying the manner in which existing voter
registration records maintained by boards of elections shall be
converted to electronic files for inclusion in the statewide voter
registration database;
(2) Establishing a uniform method for entering voter
registration records into the statewide voter registration
database on an expedited basis, but not less than once per day, if
new registration information is received;
(3) Establishing a uniform method for purging canceled voter
registration records from the statewide voter registration
database in accordance with section 3503.21 of the Revised Code;
(4) Specifying the persons authorized to add, delete, modify,
or print records contained in the statewide voter registration
database and to make updates of that database;
(5) Establishing a process for annually auditing the
information contained in the statewide voter registration
database.
(E) A board of elections promptly shall purge a voter's name
and voter registration information from the statewide voter
registration database in accordance with the rules adopted by the
secretary of state under division (D)(3) of this section after the
cancellation of a voter's registration under section 3503.21 of
the Revised Code.
(F) The secretary of state shall provide training in the
operation of the statewide voter registration database to each
board of elections and to any persons authorized by the secretary
of state to add, delete, modify, or print database records, and to
conduct updates of the database.
(G)(1) The statewide voter registration database established
under this section shall be made available on a web site of the
office of the secretary of state as follows:
(a) Except as otherwise provided in division (G)(1)(b) of
this section, only the following information from the statewide
voter registration database regarding a registered voter shall be
made available on the web site:
(ii) The voter's address;
(iii) The voter's precinct number;
(iv) The voter's voting history.
(b) During the thirty days before the day of a primary or
general election, the web site interface of the statewide voter
registration database shall permit a voter to search for the
polling location at which that voter may cast a ballot.
(2) The secretary of state shall establish, by rule adopted
under Chapter 119. of the Revised Code, a process for boards of
elections to notify the secretary of state of changes in the
locations of precinct polling places for the purpose of updating
the information made available on the secretary of state's web
site under division (G)(1)(b) of this section. Those rules shall
require a board of elections, during the thirty days before the
day of a primary or general election, to notify the secretary of
state within one business day of any change to the location of a
precinct polling place within the county.
(3) During the thirty days before the day of a primary or
general election, not later than one business day after receiving
a notification from a county pursuant to division (G)(2) of this
section that the location of a precinct polling place has changed,
the secretary of state shall update that information on the
secretary of state's web site for the purpose of division
(G)(1)(b) of this section.
(H)(1) The secretary of state and the registrar of motor
vehicles shall enter into an agreement to match information in the
statewide voter registration database with motor vehicle records
for the purpose of verifying the accuracy of the information
provided on voter registration applications, as required under 42
U.S. 15483.
(2) The secretary of state shall notify the applicable board
of elections of any mismatches between voter registration
information and motor vehicle records that the secretary of state
receives under division (H)(1) of this section regarding persons
registered to vote in the applicable county.
Sec. 3505.21. (A) As used in this section, "during the
casting of the ballots" includes any time during which a board of
elections permits an elector to vote an absent voter's ballot in
person at the office of the board or at another site designated by
the board under division (C) of section 3501.10 of the Revised
Code.
(B) At any primary, special, or general
election, any
political party supporting candidates to be voted
upon at such
election and any group of five or more candidates
may appoint to
the board of elections or to any of the precincts in the county or
city
one person, a qualified elector, who shall serve as observer
for such party or such candidates during the casting of the
ballots and during the counting of the ballots; provided that
separate observers may be appointed to serve during the casting
and during the counting of the ballots. No candidate, no uniformed
peace officer as defined by
section 2935.01 of the Revised Code,
no uniformed state highway
patrol trooper, no uniformed member of
any fire department, no
uniformed member of the armed services, no
uniformed member of
the organized militia, no person wearing any
other uniform, and no
person carrying a firearm or other deadly
weapon shall serve as an observer, nor shall any candidate be
represented by
more than one observer at any one precinct or other
voting location
except that a candidate who is a member of a party
controlling
committee, as defined in section 3517.03 of the
Revised Code, may
serve as an observer. Any
(C) Any political party or group
of candidates appointing
observers shall notify
the board of elections of the names and
addresses of its
appointees and the precincts each precinct or
other location at which they shall serve.
Notification of
observers appointed to serve on the day of an election shall take
place not less than eleven days before
the day of the election on
forms prescribed by the secretary of state and
may be amended by
filing an amendment with the board of elections
at any time until
four p.m. of the day before the election. Notification of
observers appointed to serve at the office of the board or at
another location during the time absent voter's ballots may be
cast in person shall take place not less than eleven days before
absent voter's ballots are required to be ready for use pursuant
to section 3509.01 of the Revised Code on forms prescribed by the
secretary of state and may be amended by filing an amendment with
the board of elections at any time until four p.m. of the day
before the observer is appointed to serve. The
observer serving on
behalf of a political party
shall be appointed in writing by the
chairperson and
secretary of
the respective controlling party
committee. Observers serving for any five or more candidates shall
have
their certificates signed by those candidates. Observers
appointed to a precinct may file their certificates of appointment
with the presiding judge of the precinct at the meeting on the
evening prior to the election, or with the presiding judge of the
precinct on the day of the election. Upon Observers appointed to
the office of the board or another designated site to observe the
casting of absent voter's ballots in person prior to the day of
the election may file their certificates with the director of the
board of elections the day before or on the day that the observers
are scheduled to serve at the office of the board or other
designated site.
Upon the filing of a
certificate, the person named as
observer in the certificate shall be
permitted to be in and about
the applicable polling place for the precinct during the casting
of the ballots and shall be permitted to watch every proceeding
of
the judges of elections from the time of the
opening until the
closing of the polls. The observer also may inspect the counting
of all ballots in the polling place or board of elections
from the
time of the closing of the polls until the counting is
completed
and the final returns are certified and signed. Observers
appointed to serve at the board of elections on the day of an
election under this section may observe at the board of elections
and may observe at any precinct in the county. The
judges of
elections shall protect such observers
in all of the rights and
privileges granted to them by Title XXXV
of the Revised Code.
(D) No persons other than the judges of elections,
the
observers, a police officer, other persons who are detailed
to any
precinct on request of the board of elections, or the
secretary of
state or the secretary of state's legal
representative shall be
admitted
to the polling place, or any room in which a board of
elections is counting ballots, after the closing of the polls
until the
counting, certifying, and signing of the final returns
of each
election have been completed.
(E) Not later than four p.m. of the twentieth day prior to an
election at which
questions are to be submitted to a vote of the
people, any
committee that in good faith advocates or opposes a
measure may
file a petition with the board of any county asking
that the
petitioners be recognized as the committee entitled to
appoint
observers to the count at the election. If more than one
committee alleging themselves to advocate or oppose the same
measure file such a petition, the board shall decide and announce
by registered mail to each committee not less than twelve days
immediately preceding the election which committee is recognized
as being entitled to
appoint observers. The decision shall not be
final, but
any aggrieved party may institute mandamus proceedings
in the
court of common pleas of the county in which the board has
jurisdiction to compel the judges of elections to accept the
appointees of such aggrieved party. Any such recognized
committee
may appoint an observer to the count in
each precinct. Committees
appointing observers
shall notify the board of elections of the
names and addresses of
its appointees and the precincts at which
they shall serve.
Notification shall take place not less than
eleven days before
the election on forms prescribed by the
secretary of state and
may be amended by filing an amendment with
the board of elections
at any time until four p.m. on the day
before the election. A
person so appointed shall file the person's
certificate of
appointment
with the presiding judge in the
precinct in which the person
has been
appointed to serve.
Observers shall file their certificates
before the polls are
closed. In no case shall more than six observers be appointed for
any one election
in any one precinct. If more than three questions
are to be
voted on, the committees which have appointed observers
may agree upon not to exceed six observers, and the judges of
elections shall appoint such
observers. If such committees fail to
agree, the
judges of elections shall appoint six observers from
the appointees so certified, in such manner that
each side of the
several questions shall be represented.
(F) No person shall serve as an observer at any
precinct or
other voting location unless the board of elections of the county
in
which such observer is to serve has first been
notified of the
name, address, and precinct or other location at which such
observer is to serve. Notification to the board of
elections shall
be given by the political party, group of
candidates, or committee
appointing such observer as
prescribed in this section. No such
observers
shall receive any compensation from the county,
municipal
corporation, or township, and they shall take the
following oath,
to be administered by one of the judges of
elections:
"You do solemnly swear that you will faithfully and
impartially discharge the duties as an official observer, assigned
by law; that you will not cause any delay to
persons offering to
vote; and
that you will not disclose or communicate to any person
how any
elector has voted at such election."
Sec. 3509.02. (A) Any qualified elector who has been
registered to vote for at least thirty days before the first day
absent voter's ballots are required to be ready for
use pursuant
to section 3509.01 of the Revised Code
may vote by absent
voter's
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 ballots in that election as specified
in division (G)
of
section 3503.16 of the Revised Code.
Sec. 3509.03. 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 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:
(B) The elector's signature;
(C) The address at which the elector is registered to vote;
(D) The elector's date of birth;
(E) One of the following:
(1) The elector's driver's license number;
(2) The last four digits of the elector's social security
number;
(3) A copy of the elector's current and valid photo
identification, a copy of a military identification, 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) A statement identifying the election for which absent
voter's ballots are requested;
(G) A statement that the person requesting the ballots is a
qualified elector and has been registered to vote for at least
thirty days before the first day absent voter's ballots are
required to be ready for use pursuant to section 3509.01 of
the
Revised Code;
(H) If the request is for primary election ballots, the
elector's party affiliation;
(I) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed.
A voter who will be outside the United States on the day of
any election during a calendar year may use a single federal post
card application to apply for absent voter's ballots. Those
ballots shall be sent to the voter for use at the primary and
general elections in that year and any special election to be
held
on the day in that year specified by division (E) of section
3501.01 of the Revised Code for the holding of a primary
election,
designated by the general assembly for the purpose of
submitting
constitutional amendments proposed by the general
assembly to the
voters of the state unless the voter reports a
change in the
voter's voting status to the board of
elections or the voter's
intent to vote in any such election
in the precinct in this state
where 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 ballots for each
election. When
mailing absent voter's ballots to a voter who
applied for them by
single federal post card application, the
board shall enclose
notification to the voter that the voter must
report to the
board subsequent changes in the voter's voting
status or
the voter's subsequent intent
to vote in any such
election in the precinct in this state where
the voter is
registered to vote. Such notification shall be
in a form
prescribed by the secretary of state. As used in this section,
"voting status" means the voter's name at the time the voter
applied for
absent voter's ballots by single federal post card
application
and the voter's address outside the United States to
which the
voter requested that those ballots be sent.
Each application for absent voter's ballots shall be
delivered to the director not earlier than the first day of
January of the year of the elections for which the absent voter's
ballots are requested or not earlier than ninety days before the
day of the election at which the ballots are to be voted,
whichever is earlier, and not later than twelve noon of the third
day before the day of the election at which 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. 3509.04. (A) If a director of a board of elections
receives an application for absent voter's ballots that does not
contain all of the required information, the director promptly
shall notify the applicant of the additional information required
to be provided by the applicant to complete that application.
(B) Upon receipt by the director of elections of
an
application for absent voter's ballots that contain all of the
required information, as provided by
sections
3509.03 and 3509.031
and division (G) of section 3503.16 of the
Revised Code, the
director,
if the director finds that the
applicant is a qualified
elector, shall deliver
to the applicant in person or mail
directly
to the applicant by
special delivery mail, air
mail, or regular
mail, postage prepaid,
proper absent voter's ballots. The director
shall
deliver or mail with the ballots an
unsealed identification
envelope upon the face of which shall be printed a the following
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, 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.
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
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,
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 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
ballots shall be delivered to the director not later
than the
close of the polls on the day of an election. Absent
voter's
ballots delivered to the director later than the times
specified
shall not be counted, but shall be kept by the board in
the sealed
identification envelopes in which they are delivered
to the
director, until the time provided by section 3505.31 of
the
Revised Code for the destruction of all other ballots used at
the
election for which ballots were provided, at which time they
shall
be destroyed.
(B)(1) Except as otherwise provided in division (B)(2) 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.
(2) 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.
(C)(1) Except as otherwise provided in division (C)(2) of
this section, any return envelope that is postmarked within the
United
States prior to the day of the election shall be delivered
to the
director prior to the eleventh day after the election.
Ballots
delivered in envelopes postmarked prior to the day of the
election 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 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.
(2) Division (C)(1) of this section shall not apply to any
mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1.
(D)(1) Except as otherwise provided in division (D)(2) of
this section, if a board of elections determines, prior to the
close of the polls on the day of the election, that the statement
of voter on a voter's absent voter's ballot identification
envelope is incomplete, the board shall notify the absent voter by
mail or by telephone that the voter's absent ballot will be
rejected unless the voter appears at the office of the board and
completes the statement prior to the close of the polls on the day
of the election.
(2) A board of elections shall not be required to notify
voters under division (D)(1) of this section for any absent
voter's ballots that the board receives after the eighth day
before the day of the election.
If a board of elections chooses to notify voters under
division (D)(1) of this section of incomplete absent voter's
ballot envelope statements for absent voter's ballots received
after the eighth day before the day of the election, the board
shall notify all voters whose absent voter's ballot envelope
statements are incomplete that their absent voter's ballot
envelopes will be rejected unless the voter appears at the office
of the board and completes the statement prior to the close of the
polls on the day of the election.
Sec. 3509.06. (A) The board of elections shall determine
whether absent voter's ballots shall be counted in each precinct,
at the office of the board, or at some other location designated
by the board, and shall proceed accordingly under division (B) or
(C) of this section.
(B) When the board of elections determines that absent
voter's ballots shall be counted in each precinct, the director
shall deliver to the presiding judge of each precinct on election
day identification envelopes purporting to contain absent voter's
ballots of electors whose voting residence appears from the
statement of voter on the outside of each of those envelopes, to
be located in such presiding judge's precinct, and which were
received by the director not later than the close of the polls on
election day. The director shall deliver to such presiding judge
a
list containing the name and voting residence of each person
whose
voting residence is in such precinct to whom absent voter's
ballots were mailed.
(C) When the board of elections determines that absent
voter's ballots shall be counted at the office of the board of
elections or at another location designated by the board, special
election judges shall be appointed by the board for that purpose
having the same authority as is exercised by precinct judges.
The
votes so cast shall be added to the vote totals by the board,
and
the absent voter's ballots shall be preserved separately by the
board, in the same manner and for the same length of time as
provided by section 3505.31 of the Revised Code.
(D) Each of the identification envelopes purporting to
contain absent
voter's ballots delivered to the presiding judge of
the precinct
or the special judge appointed by the board of
elections shall be
handled as follows: The 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 ballots upon the ground that
the signature on
the envelope is not the same as the signature
on the registration
form, that the identification envelope statement of voter has not
been completed, 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 presidential ballot shall be entered in a
pollbook or poll list or signature pollbook followed by the words
"Absentee Presidential Ballot." The name of each person voting
an
absent voter's ballot, other than such persons entitled to
vote
only a presidential ballot, shall be entered in the pollbook
or
poll list or signature pollbook and 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 ballots prior to the
time of the
closing of the polling places. No person shall
recklessly disclose the count or any portion of the count of
absent voter's ballots in such a manner as to jeopardize the
secrecy of any individual ballot.
(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'
ballots under this section.
Sec. 3509.07. If
election officials find
that
the statement
accompanying an absent
voter's ballot or absent
voter's
presidential ballot is incomplete or 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
ballot or absent
voter's presidential ballot, or that the elector
has not included with the elector's ballot any identification
required under section 3509.05 or 3511.09 of the Revised Code, the
vote
shall not be accepted or
counted.
The vote of any
absent
voter may be challenged for cause
in the
same manner as
other
votes are challenged, and the
election
officials shall
determine
the
legality of
that ballot.
Every
ballot not
counted shall
be
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. 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, and has been registered to vote for at least thirty
days before the first day armed service absent voter's ballots are
required to be ready for use pursuant to section 3511.03 of
the
Revised Code may vote armed service absent voter's 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 ballot. Armed
service absent
voter's ballots may be obtained by any person
meeting the
requirements of section 3511.01 of the Revised Code
by applying to
the director of the board of elections of the
county in which the
person's voting residence is located, in one
of the following
ways:
(A) That person may make written application for 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, 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 ballots are requested;
(7) A statement that the person requesting the ballots is a
qualified elector and has been registered to vote for at least
thirty days before the first day armed service absent voter's
ballots are required to be ready for use pursuant to section
3511.03 of the Revised Code;
(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 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. A single federal
postcard application
shall be processed by the board of elections
pursuant to section
3511.04 of the Revised Code the same as if the
voter had applied
separately for armed service absent voter's
ballots for each
election.
(C) Application to have armed service absent voter's ballots
mailed or sent by facsimile
machine to such a person
may be made
by the spouse when the person is a service member, or
by the
father, mother, father-in-law, mother-in-law, grandfather,
grandmother, brother or sister of the whole blood or half blood,
son, daughter, adopting parent, adopted child, stepparent,
stepchild, uncle, aunt, nephew, or niece of such a person. 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, 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 ballots are requested;
(8) A statement that the person requesting the ballots is a
qualified elector and that the elector for whom the ballots are
requested has been registered to vote for at least thirty days
before the first day armed service absent voter's ballots are
required to be ready for use pursuant to section 3511.03 of
the
Revised Code;
(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 ballots
shall be delivered to the director not earlier than the first day
of January of the year of the elections for which the armed
service absent voter's ballots are requested or not earlier than
ninety days before the day of the election at which the ballots
are to be voted, whichever is earlier, and not later than twelve
noon of the third day preceding the day of the election,
or not
later than the close of regular business hours on the
day before
the day of the election at which 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. 3511.05. (A) The director of the board of elections
shall
place armed service absent voter's ballots sent by mail in
an unsealed
identification envelope, gummed ready for
sealing.
The
director shall include with armed
service absent voter's
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 the following 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, 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.
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY OF
THE FIFTH
DEGREE."
(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 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 ballots are sent by facsimile machine.
Sec. 3511.11.
(A) Upon receipt of any
return envelope
bearing the
designation "Official Election Armed Service Absent
Voter's
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)(1) Except as otherwise provided in division (B)(2) of
this section, if a board of elections determines, prior to the
close of the polls on the day of the election, that the statement
of voter on an armed service absent voter's ballot identification
envelope is incomplete, the board shall notify the armed services
absent voter by mail or by telephone that the voter's armed
service absent voter's ballot will be rejected unless the voter
completes the statement prior to the close of the polls on the day
of the election.
(2) A board of elections shall not be required to notify
voters under division (B)(1) of this section for any armed service
absent voter's ballots that the board receives after the eighth
day before the day of the election.
If a board of elections chooses to notify voters under
division (B)(1) of this section of incomplete armed service absent
voter's ballot envelope statements for armed service absent
voter's ballots received after the eighth day before the day of
the election, the board shall notify all voters whose armed
service absent voter's ballot envelope statements are incomplete
that their armed service absent voter's ballot envelopes will be
rejected unless the voter completes the statement prior to the
close of the polls on the day of the election.
(C) Armed service absent voter's 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)(D) 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 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
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 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
ballot
shall not be counted.
(D)(E)(1) Except as otherwise provided in division (D)(E)(2)
of
this section, any return envelope containing an armed service
absent voter's ballot that is postmarked within the United States
prior to the day of the election shall be delivered to the
director prior to the eleventh day after the election. Armed
service absent voter's ballots delivered in envelopes postmarked
prior to the day of the election 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 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.
(2) Division (D)(E)(1) of this section shall not apply to any
mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1.
(E)(F) The following types of armed service absent voter's
ballots shall not be counted:
(1) Armed service absent voter's ballots
contained in return
envelopes that bear the designation "Official
Election Armed
Service Absent Voter's Ballots," that are received
by the director
after the close of the polls on the day of the
election, and that
either
are
postmarked, or
contain an identification envelope that
is signed,
on or
after election day;
(2) Armed
service absent
voter's ballots contained in return
envelopes that
bear that
designation, that do not indicate they
are from voters who will be outside the United States on the day
of the election, 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;
(3) Armed service absent voter's ballots contained in return
envelopes that bear that designation, that are received by the
director within ten days after the day of the election, and that
were postmarked before the day of the election using a postage
evidencing system, including a postage meter, as defined in 39
C.F.R. 501.1.
The uncounted ballots 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.
Section 2. That existing sections 3503.15, 3505.21, 3509.02,
3509.03, 3509.04, 3509.05,
3509.06, 3509.07, 3511.01, 3511.02,
3511.05, and 3511.11 of the Revised Code are
hereby repealed.
Section 3. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following section,
presented in this act as the composite of the sections as amended
by
the acts indicated, is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act:
Section 3509.05 of the Revised Code as amended by both Am.
Sub. H.B. 350 and Am. Sub. H.B. 562 of the
127th General
Assembly.
|