To amend sections 3505.23, 3509.01, 3511.04, and 3511.10 and to enact sections 3509.032, 3511.14, and 3512.01 to 3512.07 of the Revised Code to change the time by which absent voter's ballots must be ready, to authorize the Secretary of State to make emergency revisions in the armed service absent voting provisions, and to establish write-in absent voter's ballots for certain overseas voters who are unable to cast regular absent voter's ballots.

Section 1. That sections 3505.23, 3509.01, 3511.04, and 3511.10 be amended and that sections 3509.032, 3511.14, 3512.01, 3512.02, 3512.03, 3512.04, 3512.05, 3512.06, and 3512.07 of the Revised Code be enacted to read as follows:

Sec. 3505.23.  No voter shall be allowed to occupy a voting compartment or use a voting machine more than five minutes when all the voting compartments or machines are in use and voters are waiting to occupy them. Except as otherwise provided by section 3505.24 of the Revised Code, no voter shall occupy a voting compartment or machine with another person or speak to anyone, nor shall anyone speak to the voter, while the voter is in a voting compartment or machine.

In precincts that do not use voting machines the following procedure shall be followed:

If a voter tears, soils, defaces, or erroneously marks a ballot the voter may return it to the precinct election officials and a second ballot shall be issued to the voter. Before returning a torn, soiled, defaced, or erroneously marked ballot, the voter shall fold it so as to conceal any marks the voter made upon it, but the voter shall not remove Stub A therefrom. If the voter tears, soils, defaces, or erroneously marks such second ballot, the voter may return it to the precinct election officials, and a third ballot shall be issued to the voter. In no case shall more than three ballots be issued to a voter. Upon receiving a returned torn, soiled, defaced, or erroneously marked ballot the precinct election officials shall detach Stub A therefrom, write "Defaced" on the back of such ballot, and place the stub and the ballot in the separate containers provided therefor.

No elector shall leave the polling place until the elector returns to the precinct election officials every ballot issued to the elector with Stub A on each ballot attached thereto, regardless of whether the elector has or has not placed any marks upon the ballot.

Before leaving the voting compartment, the voter shall fold each ballot marked by the voter so that no part of the face of the ballot is visible, and so that the printing thereon indicating the kind of ballot it is and the facsimile signatures of the members of the board of elections are visible. The voter shall then leave the voting compartment, deliver the voter's ballots, and state the voter's name to the judge having charge of the ballot boxes, who shall announce the name, detach Stub A from each ballot, and announce the number on the stubs. The judges in charge of the poll lists or poll books shall check to ascertain whether the number so announced is the number on Stub B of the ballots issued to such voter, and if no discrepancy appears to exist, the judge in charge of the ballot boxes shall, in the presence of the voter, deposit each such ballot in the proper ballot box and shall place Stub A from each ballot in the container provided therefor. The voter shall then immediately leave the polling place.

No ballot delivered by a voter to the judge in charge of the ballot boxes with Stub A detached therefrom, and only ballots provided in accordance with Title XXXV of the Revised Code, shall be voted or deposited in the ballot boxes.

In marking a presidential ballot, the voter shall record the vote in the manner provided on the ballot next to the names of the candidates for the offices of president and vice-president. Such ballot shall be considered and counted as a vote for each of the candidates for election as presidential elector whose names were certified to the secretary of state by the political party of such nominees for president and vice-president.

In marking an office type ballot or nonpartisan ballot, the voter shall record the vote in the manner provided on the ballot next to the name of each candidate for whom the voter desires to vote.

In marking a primary election ballot, the voter shall record the vote in the manner provided on the ballot next to the name of each candidate for whom the voter desires to vote. If the voter desires to vote for the nomination of a person whose name is not printed on the primary election ballot, the voter may do so by writing such person's name on the ballot in the proper place provided for such purpose.

In marking a questions and issues ballot, the voter shall record the vote in the manner provided on the ballot at the left or at the right of "YES" or "NO" or other words of similar import which are printed on the ballot to enable the voter to indicate how the voter votes in connection with each question or issue upon which the voter desires to vote.

In marking any ballot on which a blank space has been provided wherein an elector may write in the name of a person for whom the elector desires to vote, the elector shall write such person's name in such blank space and on no other place on the ballot. Unless specific provision is made by statute Except as otherwise provided in Chapter 3512. of the Revised Code, no blank space shall be provided on a ballot for write-in votes, and any names written on a ballot other than in a blank space provided therefor shall not be counted or recorded.

Sec. 3509.01. (A) The board of elections of each county shall provide absent voter's 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 ballots, and those absent 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 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 secretary of state shall prescribe uniform standards for absent voter's ballot materials, forms, and content. The boards of elections shall adhere to the standards prescribed by the secretary of state in preparing absent voter's ballots under this chapter.

The (B) Except for write-in absent voter's ballots authorized under Chapter 3512. of the Revised Code, the rotation of names of candidates and questions and issues shall be substantially complied with on absent voter's ballots, within the limitation of time allotted. Those ballots shall be designated as "Absent Voter's Ballots." and Except as otherwise provided in division (D) of this section, those ballots shall be printed and ready for use as follows:

(1) For overseas voters and absent uniformed services voters eligible to vote under the "Uniformed and Overseas Citizens Absentee Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended, and for all other voters who are applying to vote absent voter's ballots other than in person, ballots shall be printed and ready for use on the thirty-fifth forty-fifth day before the day of the any election other than a presidential primary election, except that those;

(2) For all voters, other than overseas voters and absent uniformed services voters, who are applying to vote absent voter's ballots in person, ballots shall be printed and ready for use beginning on the twenty-first day before the day of the election and shall continue to be available for use through five p.m. on the last Saturday before the day of the election;

(3) For all voters who are applying to vote absent voter's ballots other than in person, ballots shall be printed and ready for use on the twenty-fifth thirty-fifth day before the day of a presidential primary election.

(C) Absent voter's 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.

(D)(1) Absent voter's 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.

(2) Write-in absent voter's ballots authorized under Chapter 3512. of the Revised Code shall be printed and ready for use on the ninetieth day before the day of any election.

(E) A copy of the absent voter's ballots shall be forwarded by the director of the board in each county to the secretary of state at least twenty-five thirty-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. 3509.032. Notwithstanding any provision of the Revised Code to the contrary, the secretary of state may, by directive, change any of the processes or timelines for sending, casting, or returning an absent voter's ballot to a member of the organized militia who applies for such a ballot under section 3509.031 of the Revised Code when the secretary of state determines that such change is necessary due to a national or local emergency or other situation, including the mobilization of the organized militia.

Sec. 3511.04.  (A) If a director of a board of elections receives an application for armed service 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) Not later than the twenty-fifth thirty-fifth day before the day of each presidential primary election and not later than the thirty-fifth forty-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 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 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 ballots.

In mailing armed service absent voter's ballots, the director shall use the fastest mail service available, but the director shall not mail them by certified mail.

Sec. 3511.10.  If, after the thirty-fifth forty-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 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 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 or otherwise send 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. 3511.14. Notwithstanding any provision of the Revised Code to the contrary, the secretary of state may, by directive, change any of the processes or timelines for sending, casting, or returning an armed service absent voter's ballot established under this chapter when the secretary of state determines that such change is necessary due to a national or local emergency or other situation, including the mobilization of United States armed forces.

Sec. 3512.01.  (A) An elector who will be outside the United States on the day of an election may vote write-in absent voter's ballots established under this chapter if the elector's employment, volunteer, or other activities will cause the elector to be out of communication or otherwise unavailable to vote absent voter's ballots during the absent voting period established under division (B) of section 3509.01 of the Revised Code.

(B) An elector who is eligible to vote armed service absent voter's ballots under Chapter 3511. of the Revised Code may vote write-in absent voter's ballots established under this chapter if the elector's service in the armed forces of the United States will cause the elector to be out of communication or otherwise unavailable to vote armed service absent voter's ballots during the absent voting period established under division (B) of section 3509.01 of the Revised Code.

Sec. 3512.02.  (A) An elector who is eligible to vote write-in absent voter's ballots under section 3512.01 of the Revised Code and who desires to vote such ballots may make written application for those 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, send it by electronic mail, send it by other electronic means via the internet, or otherwise send it to the director. The application need not be in any particular form but shall contain all of the following:

(1) The elector's name;

(2) The elector's signature or, if the application is transmitted electronically, an image of 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, unless the elector is a first-time mail-in registrant:

(a) The elector's Ohio driver's license number;

(b) The last four digits of the elector's social security number;

(c) A copy of the elector's identification.

(6) A statement identifying the election for which write-in absent voter's ballots are requested;

(7) A statement that the person requesting the ballots is a qualified elector;

(8) A statement specifying one of the following:

(a) That the elector will be outside of the United States on the day of the election and the elector's employment, volunteer, or other activities will cause the elector to be out of communication or otherwise unavailable to vote absent voter's ballots during the regular absent voting period;

(b) That the elector is a member of the armed forces of the United States and the elector's service in the armed forces will cause the elector to be out of communication or otherwise unavailable to vote armed service absent voter's ballots during the regular absent voting period;

(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;

(12) If the elector is a first-time mail-in registrant, a copy of the elector's first-time mail-in registrant identification.

(B) Each application for write-in absent voter's ballots shall be delivered to the director not earlier than the first day of January of the year of the election for which the write-in absent voter's ballots are requested or not earlier than one hundred twenty days before the day of the election at which the ballots are to be voted, whichever is earlier, and not later than the thirty-fifth day before the day of the election at which the ballots are to be voted.

Sec. 3512.03.  (A) If a director of a board of elections receives an application for write-in absent voter's ballots that does not contain all of the required information, the director promptly shall notify the applicant, by whatever means of contact the applicant has provided on the application, of the additional information required to be provided by the applicant to complete that application. The applicant may provide the required information by mail, electronic mail, telephone, or facsimile transmission, through the internet, or in person at the office of the board of elections. If the application is missing a signature, the applicant may provide a signed statement that the applicant submitted the application. A signature provided on a signed statement under this division shall be considered the applicant's signature on the application for the purposes of processing an otherwise valid application for write-in absent voter's ballots. The secretary of state shall prescribe uniform standards for processing additional information by mail, electronic mail, telephone, facsimile transmission, through the internet, or in person at the office of the board of elections under this division.

If the applicant provides the required information prior to the thirty-fifth day before the day of the election, the board shall promptly process the application and deliver write-in absent voter's ballots to the applicant. If the applicant provides the required information after the thirty-fifth day before the day of the election but prior to the end of the period for voting by absent voter's ballots at that election, the board shall promptly process the application and deliver write-in absent voter's ballots or write-in armed service absent voter's ballots, as applicable, to the applicant.

(B) The secretary of state shall prescribe the form of write-in absent voter's ballots delivered under this section. Notwithstanding section 3513.041 or any other provision of the Revised Code to the contrary, the ballots shall identify each office for which the absent voter is eligible to vote at that election and shall permit the voter to mark the ballot by writing in the name of a candidate for each office appearing on the write-in absent voter's ballot. The ballots also shall permit the voter to vote on each issue that was certified to appear on the ballot prior to the date on which the write-in absent voter's ballots were prepared.

(C) Subject to section 3512.06 of the Revised Code, upon receipt by the director of elections of an application for write-in absent voter's ballots that contains all of the required information, 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, write-in absent voter's ballots. If the address to which the ballots are to be sent is located outside of the United States, the board may deliver the write-in absent voter's ballots to the applicant using a method other than United States mail. The director shall deliver or send 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 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.

If the election is a primary election, by requesting ballots of the ............. Party, I hereby declare that I desire to be affiliated with and support the above-named party.

My date of birth is ............... (Month and Day), .......... (Year).

(Voter must provide one of the following:)

My Ohio driver's license number is ............... (Ohio 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 an Ohio driver's license number or the last four digits of my Social Security Number, I am enclosing a copy of the following in the return envelope in which this identification envelope will be mailed: a current and valid photo identification or two current and valid items that list my name in a manner that substantially conforms to my name on the statewide voter registration database and are from a nonprofit organization, an institution, a business, or a government entity. If I am a first-time voter who registered to vote by mail, did not provide identification when I registered to vote, and have not previously voted at a federal election in Ohio, I am enclosing a copy of a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document that shows my name and address.

I hereby declare, under penalty of election falsification, that the statements above are true.

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."

Before delivering or sending the ballots, the director shall record the unique identification number located on the stub of the voter's ballot, the voter's name, and the voter's address, and shall cause the unique identification number to be copied on the outside of the voter's identification envelope. The director shall send 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. 3512.04.  (A) When an elector receives a write-in 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 write in the names of the candidates for which the elector wishes to vote, mark the elector's choices on the issues appearing on the ballot, fold the ballot in a manner that the stub on it is visible, and place and seal the ballot 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, under penalty of election falsification.

Unless the elector is a first-time mail-in registrant, the elector shall provide the elector's Ohio 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. If the elector does not provide the elector's Ohio driver's license number or the last four digits of the elector's social security number on the statement of voter, the elector shall include in the return envelope with the identification envelope a copy of the elector's identification. If the elector is a first-time mail-in registrant, the elector shall include a copy of the elector's first-time mail-in registrant identification.

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. If the elector is returning the write-in absent voter's ballots from outside the United States, the elector may return those ballots to the director by mail, commercial delivery service, personal delivery, or delivery by a family member. The return envelope shall be transmitted to the director in no other manner. 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 write-in 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, envelopes containing marked write-in absent voter's ballots shall be delivered to the director not later than the close of the polls on the day of an election. Write-in 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 processed and counted on or after the eleventh day at the board of elections in the manner provided in division (C) of section 3512.05 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 processed and counted on or after the twenty-first day at the board of elections in the manner provided in division (C) of section 3512.05 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 processed and counted on or after the eleventh day at the board of elections in the manner provided in division (C) of section 3512.05 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.

Sec. 3512.05.  (A) Upon receipt of a return envelope purporting to contain voted write-in absent voter's ballots prior to the eleventh day after the day of an election, a bipartisan team consisting of employees of the board of elections shall inspect the postmark and verify the date the board received the write-in absent voter's ballots. If either the postmark or the date of receipt does not meet the applicable deadlines for that election established in section 3512.04 of the Revised Code, the ballots shall not be counted. The identification envelope shall not be opened, and it shall be endorsed "not counted" with the reasons the ballots were not counted.

If the postmark and date of receipt for a return envelope purporting to contain voted write-in absent voter's ballots meet the applicable deadlines for that election established in section 3512.04 of the Revised Code, the bipartisan team shall open that return envelope but shall not open the identification envelope contained in it. If, upon opening the return envelope, the bipartisan team finds ballots in it that are not enclosed in and properly sealed in the identification envelope, the bipartisan team shall not look at the markings upon the ballots and shall promptly place them in the identification envelope and promptly seal it. If, upon opening the return envelope, the bipartisan team finds that the ballots are enclosed in the identification envelope but that it is not properly sealed, the bipartisan team shall not look at the markings upon the ballots and shall promptly seal the identification envelope.

The bipartisan team shall cause the identification envelopes, any associated identification, and the ballots in the identification envelopes to be properly secured until such time as they are processed and counted.

The write-in absent voter's ballots shall be processed and counted at the office of the board or at some other location designated by the board.

(B) The board of elections shall appoint special election judges for the purpose of processing and counting write-in absent voter's ballots under this section. The write-in 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.

(C)(1) Each of the identification envelopes purporting to contain write-in absent voter's ballots shall be delivered to the special judge appointed by the board of elections and shall be processed and counted as follows:

(a) The election officials shall inspect the statement accompanying the write-in absent voter's ballots to determine if the voter's signature has been provided.

(b) The election officials shall compare the signature of the voter as provided on the statement accompanying the write-in absent voter's ballots with the signature contained in the voter registration records.

(c) If the election officials find that the voter's signature has been provided and that the voter is registered and eligible to cast a ballot in the election, the election officials shall open the envelope and determine if the stub is attached to or enclosed with the ballots. If the stub is attached to or enclosed with the ballots, the election officials shall count those ballots not earlier than the day of the election. If the stub is not attached to or enclosed with the ballots, the write-in absent voter's ballots shall not be counted. The ballots shall be placed in their accompanying identification envelope, which shall be endorsed "not counted" with the reasons the ballots were not counted.

(d) If the election officials find that the voter did not sign the statement of voter on the identification envelope or if the election officials are unable to determine the identity of the voter who returned the ballots, the election officials shall use any information provided on the identification envelope or, if necessary, cross-reference the unique stub number placed on the identification envelope with the registration records to identify the voter for notification under division (G) of this section.

(e) If the voter did not sign the statement of voter on the identification envelope and if the voter fails to correct that defect within ten days after the day of the election in accordance with division (G) of this section, or if the election officials find that the voter is not registered or not eligible to cast a ballot in the election, the voter's write-in absent voter's ballots shall not be counted. The identification envelope shall not be opened, and it shall be endorsed "not counted" with the reasons the ballots were not counted.

(2) The board of elections may process write-in absent voter's ballots under division (C)(1) of this section during the ten days prior to the day of an election but shall not reveal or cause to be revealed the marks on any ballots. The board shall not count any write-in absent voter's ballots prior to the day of the election.

(3) Any ballots that are not eligible to be counted under division (C)(1)(c) or (e) of this section shall be preserved in their identification envelopes 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.

(D) The registration record of each person voting a write-in absent voter's ballot shall be marked to indicate that the person has voted.

The date of such election shall also be entered on the elector's registration record.

(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 write-in 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 write-in 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 processing of identification envelopes and the counting of write-in absent voter's ballots under this section.

(G)(1) If the voter did not sign the statement of voter on the identification envelope or if the election officials are unable to determine the identity of the voter who returned the ballot, the board of elections shall notify the voter, by whatever means of contact the voter has provided on the identification envelope or using any available contact information in the voter's registration record, of the defect and request the voter to verify the voter's identity for the purpose of processing that write-in absent voter's ballot.

(2) The voter may verify that the voter was the person who returned the write-in absent voter's ballot in any of the following ways:

(a) By confirming by mail, electronic mail, telephone, or facsimile transmission, or through the internet the voter's date of birth and residence address in a manner that substantially conforms with the records of the board of elections;

(b) By providing a statement by mail, electronic mail, or facsimile transmission, or through the internet that the voter submitted the ballot and by attaching the voter's signature to that statement. A signature attached to a statement made under this division shall be considered the voter's signature on the identification envelope for the purposes of verifying the validity of that ballot.

(c) By appearing in person at the office of the board of elections and signing the identification envelope.

(3) The secretary of state shall prescribe uniform standards for processing additional information by mail, electronic mail, telephone, facsimile transmission, through the internet, or in person at the office of the board of elections under division (G) of this section.

(4) If the voter provides the required information within ten days after the day of the election, the election officials shall complete the processing of the write-in absent voter's ballot under division (C) of this section in the same manner as if that information had been included on the statement of voter at the time the ballot was returned.

(H) If, after processing the ballots under division (C) of this section, the bipartisan team determines that a voter's write-in absent voter's ballot is eligible to be counted, those ballots shall be counted as valid votes for the candidates whose names are written on the ballots, regardless of whether those candidates are write-in candidates under section 3513.041 of the Revised Code. The write-in votes shall be counted and added to the totals calculated by the voting machines or automatic tabulating equipment.

(I) As used in this section:

(1) "Bipartisan team" means a team consisting of two employees of a board of elections who are from different political parties.

(2) "Processing" a write-in absent voter's ballot means any of the following:

(a) Examining the sufficiency of a write-in absent voter's ballot identification envelope by reviewing the postmark, the date of receipt by the board of elections, and the presence of the voter's valid signature on the identification envelope and, if the voter's name is signed on the envelope, opening the identification envelope;

(b) Determining the validity of write-in absent voter's ballots, including determining whether the proper ballots were delivered to the voter and whether the stub is attached to or enclosed with the ballots;

(c) Preparing a write-in absent voter's ballot for counting.

Sec. 3512.06.  (A) An elections official of the county in which an elector applies to vote by write-in absent voter's ballots may challenge the right of the elector named on the application to receive write-in absent voter's ballots only on the following grounds:

(1) That the person is not a resident of the precinct for which the person is applying to vote absent voter's ballots;

(2) That the person is not a citizen of the United States;

(3) That the person is not eighteen years of age or older;

(4) That the person is not a qualified elector for that election.

Challenges shall be made only if the election official knows or reasonably believes that the challenged elector is not qualified and entitled to vote.

(B) If an elector's write-in absent voter's ballot application is challenged, the application shall be kept with other challenged write-in absent voter's ballot applications.

(C) Upon receipt of a challenged write-in absent voter's ballot application, the board of elections promptly shall review the board's records. If the board is able to determine that a challenge should be denied solely on the basis of the records maintained by the board, the board immediately shall vote to deny the challenge. If the board is unable to determine the outcome of the challenge solely on the basis of the records maintained by the board, the board shall notify the elector of the challenge to the elector's write-in absent voter's ballot application and shall provide an opportunity for the elector to respond to the challenge. The board of elections shall use the challenge and notification process established in section 3503.24 of the Revised Code, except that the board shall decide the challenge as expeditiously as possible.

(D) If the challenge is denied, write-in absent voter's ballots shall promptly be sent to the elector requesting those ballots. If the board of elections upholds the challenge, the write-in absent voter's ballot application shall not be processed, no write-in absent voter's ballots shall be sent to the elector, and the elector shall be notified of the reason the elector will not receive write-in absent voter's ballots.

(E) No election official or other person may challenge the validity of write-in absent voter's ballots that have been completed and returned by the voter under this section. The validity of such ballots shall be determined under section 3512.05 of the Revised Code.

Sec. 3512.07.  (A) The poll list or signature pollbook for each precinct shall identify each registered elector in that precinct who has requested write-in absent voter's ballots for that election.

(B)(1) If a registered elector appears to vote in that precinct and that elector has requested write-in absent voter's ballots for that election but the director has not received a sealed identification envelope purporting to contain that elector's voted write-in absent voter's 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 write-in absent voter's ballots for that election and the director has received a sealed identification envelope purporting to contain that elector's voted write-in absent voter's 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 processing and counting write-in absent voter's ballots under section 3512.05 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 write-in absent voter's ballots for that election to the signature on that elector's registration record. Except as otherwise provided in division (C)(3) of this section, if the board of elections determines that the write-in absent voter's ballots in the sealed identification envelope are valid, they shall be counted. If the board of elections determines that the signature on the sealed identification envelope purporting to contain the elector's voted write-in absent voter's ballots does not match the signature on the elector's registration record, the ballots 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 write-in absent voter's 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 write-in absent voter's 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 write-in absent voter's ballots by the applicable deadline established under section 3512.04 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) 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.

Section 2. That existing sections 3505.23, 3509.01, 3511.04, and 3511.10 of the Revised Code are hereby repealed.