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Sub. H. B. No. 159 As Reported by the Senate State and Local Government and Veterans Affairs CommitteeAs Reported by the Senate State and Local Government and Veterans Affairs Committee
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Mecklenborg, Blessing
Cosponsors:
Representatives Adams, J., Anielski, Beck, Bubp, Grossman, Johnson, Maag, Martin, Uecker, Young
A BILL
To amend sections 3501.01, 3503.14, 3503.15, 3503.16,
3503.19, 3503.24, 3503.28, 3505.18, 3505.181,
3505.182, 3505.183, 3509.03, 3509.031, 3509.04,
3509.05, 3509.08, 3511.02, 3511.05, 3511.09, and
4507.50 of the Revised Code to generally require
electors who appear at a polling place to vote or
who cast absent voter's ballots in person to
provide photo identification, to establish a
process for electors to receive free photo
identification, to establish a process to permit
electors with a religious objection to being
photographed to vote, and to revise the
information that must accompany a provisional
ballot for that ballot to be eligible to be
counted.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.01, 3503.14, 3503.15, 3503.16,
3503.19, 3503.24, 3503.28, 3505.18, 3505.181, 3505.182, 3505.183,
3509.03, 3509.031, 3509.04, 3509.05, 3509.08, 3511.02, 3511.05,
3511.09, and 4507.50 of the Revised Code be amended to read as
follows:
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications:
(A) "General election" means the election held on the first
Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held on
the first Tuesday after the first Monday in November in each
odd-numbered year.
(C) "Regular state election" means the election held on the
first Tuesday after the first Monday in November in each
even-numbered year.
(D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in February, May, August, or November, or on the day
authorized by a particular municipal or county charter for the
holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall
be held in February or May, except as authorized by a municipal or
county charter, but may be held on the first Tuesday after the
first Monday in March.
(E)(1) "Primary" or "primary election" means an election held
for the purpose of nominating persons as candidates of political
parties for election to offices, and for the purpose of electing
persons as members of the controlling committees of political
parties and as delegates and alternates to the conventions of
political parties. Primary elections shall be held on the first
Tuesday after the first Monday in May of each year except in years
in which a presidential primary election is held.
(2) "Presidential primary election" means a primary election
as defined by division (E)(1) of this section at which an election
is held for the purpose of choosing delegates and alternates to
the national conventions of the major political parties pursuant
to section 3513.12 of the Revised Code. Unless otherwise
specified, presidential primary elections are included in
references to primary elections. In years in which a presidential
primary election is held, all primary elections shall be held on
the first Tuesday after the first Monday in March except as
otherwise authorized by a municipal or county charter.
(F) "Political party" means any group of voters meeting the
requirements set forth in section 3517.01 of the Revised Code for
the formation and existence of a political party.
(1) "Major political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received no less
than twenty per cent of the total vote cast for such office at the
most recent regular state election.
(2) "Intermediate political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
twenty per cent but not less than ten per cent of the total vote
cast for such office at the most recent regular state election.
(3) "Minor political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
ten per cent but not less than five per cent of the total vote
cast for such office at the most recent regular state election or
which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such
vote, a petition signed by qualified electors equal in number to
at least one per cent of the total vote cast for such office in
the last preceding regular state election, except that a newly
formed political party shall be known as a minor political party
until the time of the first election for governor or president
which occurs not less than twelve months subsequent to the
formation of such party, after which election the status of such
party shall be determined by the vote for the office of governor
or president.
(G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most recent regular
state election at which a governor was elected received more votes
than any other person received for election to that office in such
precinct at such election.
(H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special election
to be held in this state, or any qualified person who claims to be
a write-in candidate, or who knowingly assents to being
represented as a write-in candidate by another at either a
primary, general, or special election to be held in this state.
(I) "Independent candidate" means any candidate who claims
not to be affiliated with a political party, and whose name has
been certified on the office-type ballot at a general or special
election through the filing of a statement of candidacy and
nominating petition, as prescribed in section 3513.257 of the
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name is
required, pursuant to section 3505.04 of the Revised Code, to be
listed on the nonpartisan ballot, including all candidates for
judicial office, for member of any board of education, for
municipal or township offices in which primary elections are not
held for nominating candidates by political parties, and for
offices of municipal corporations having charters that provide for
separate ballots for elections for these offices.
(K) "Party candidate" means any candidate who claims to be a
member of a political party, whose name has been certified on the
office-type ballot at a general or special election through the
filing of a declaration of candidacy and petition of candidate,
and who has won the primary election of the candidate's party for
the public office the candidate seeks or is selected by party
committee in accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a precinct,
or other territory, of a major, intermediate, or minor political
party.
(M) "Question or issue" means any question or issue certified
in accordance with the Revised Code for placement on an official
ballot at a general or special election to be held in this state.
(N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the elector
may vote.
(Q) "Precinct" means a district within a county established
by the board of elections of such county within which all
qualified electors having a voting residence therein may vote at
the same polling place.
(R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote.
(S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of the
Revised Code.
(T) "Political subdivision" means a county, township, city,
village, or school district.
(U) "Election officer" or "election official" means any of
the following:
(2) Employees of the secretary of state serving the division
of elections in the capacity of attorney, administrative officer,
administrative assistant, elections administrator, office manager,
or clerical supervisor;
(3) Director of a board of elections;
(4) Deputy director of a board of elections;
(5) Member of a board of elections;
(6) Employees of a board of elections;
(7) Precinct polling place judges election officials;
(8) Employees appointed by the boards of elections on a
temporary or part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state,
informing a voter registration applicant or an applicant who
wishes to change the applicant's residence or name of the status
of the application; the information necessary to complete or
update the application, if any; and if the application is
complete, the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state, to a
registered elector to confirm the registered elector's current
address.
(X) "Designated agency" means an office or agency in the
state that provides public assistance or that provides
state-funded programs primarily engaged in providing services to
persons with disabilities and that is required by the National
Voter Registration Act of 1993 to implement a program designed and
administered by the secretary of state for registering voters, or
any other public or government office or agency that implements a
program designed and administered by the secretary of state for
registering voters, including the department of job and family
services, the program administered under section 3701.132 of the
Revised Code by the department of health, the department of mental
health, the department of developmental disabilities, the
rehabilitation services commission, and any other agency the
secretary of state designates. "Designated agency" does not
include public high schools and vocational schools, public
libraries, or the office of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the
"National Voter Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA) "Photo identification" means a document that meets each
of the following requirements:
(1) It shows Contains the name of the individual to whom it
was issued elector, which shall conform to the name in the poll
list or signature pollbook. individual's voter registration
record;
(2) It shows the current address of the individual to whom
it was issued, which shall conform to the address in the poll list
or signature pollbook, except for a driver's license or a state
identification card issued under section 4507.50 of the Revised
Code, which may show either the current or former address of the
individual to whom it was issued, regardless of whether that
address conforms to the address in the poll list or signature
pollbook.
(3) It shows Contains a photograph of the individual to whom
it was issued.
(3) Contains an expiration date that has not passed.
(5) It was issued by the government of the United States or
this state is not expired or that expired after the date of the
most recent general election, unless the document is one of the
following:
(a) An Ohio driver's license or Ohio commercial driver's
license, which may contain an expiration date that has expired at
any time prior to the date on which it is presented as
identification; or
(b) A United States military identification card, which is
not required to contain an expiration date.
(4) Is one of the following documents:
(a) A valid Ohio driver's license or Ohio commercial driver's
license issued by the registrar of motor vehicles or a deputy
registrar under Chapter 4507. of the Revised Code that shows the
current or former address of the elector, regardless of whether
that address conforms to the address in the individual's voter
registration record;
(b) A valid state identification card issued by the registrar
of motor vehicles or a deputy registrar under section 4507.50 of
the Revised Code that shows the current or former address of the
elector, regardless of whether that address conforms to the
address in the individual's voter registration record;
(c) A valid United States military identification card; or
(d) A valid United States passport;
(BB) "Nonphoto state identification card" means a state
identification card issued without a photograph pursuant to rules
adopted under division (D) of section 4507.50 of the Revised Code
to a person who has a religious objection to being photographed.
Sec. 3503.14. (A) The secretary of state shall prescribe the
form and content of the registration, change of residence, and
change of name forms used in this state. The forms shall meet the
requirements of the National Voter Registration Act of 1993 and
shall include spaces for all of the following:
(4) The voter's date of birth;
(5) The voter to provide one or more of the following:
(a) The voter's driver's license number or state
identification card number, if any;
(b) The last four digits of the voter's social security
number, if any;
(c) A copy of a current and valid photo identification, a
copy of a military nonphoto state identification card, 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 voter's name and address.
(6) The voter's signature.
The registration form shall include a space on which the
person registering an applicant shall sign the person's name and
provide the person's address and a space on which the person
registering an applicant shall name the employer who is employing
that person to register the applicant.
Except for forms prescribed by the secretary of state under
section 3503.11 of the Revised Code, the secretary of state shall
permit boards of elections to produce forms that have subdivided
spaces for each individual alphanumeric character of the
information provided by the voter so as to accommodate the
electronic reading and conversion of the voter's information to
data and the subsequent electronic transfer of that data to the
statewide voter registration database established under section
3503.15 of the Revised Code.
(B) None of the following persons who are registering an
applicant in the course of that official's or employee's normal
duties shall sign the person's name, provide the person's address,
or name the employer who is employing the person to register an
applicant on a form prepared under this section:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(C) Except as provided in section 3501.382 of the Revised
Code, any applicant who is unable to sign the applicant's own name
shall make an "X," if possible, which shall be certified by the
signing of the name of the applicant by the person filling out the
form, who shall add the person's own signature. If an applicant is
unable to make an "X," the applicant shall indicate in some manner
that the applicant desires to register to vote or to change the
applicant's name or residence. The person registering the
applicant shall sign the form and attest that the applicant
indicated that the applicant desired to register to vote or to
change the applicant's name or residence.
(D) No registration, change of residence, or change of name
form shall be rejected solely on the basis that a person
registering an applicant failed to sign the person's name or
failed to name the employer who is employing that person to
register the applicant as required under division (A) of this
section.
(E) As used in this section, "registering an applicant"
includes any effort, for compensation, to provide voter
registration forms or to assist persons in completing or returning
those forms.
Sec. 3503.15. (A)(1) The secretary of state shall establish
and maintain a statewide voter registration database that shall be
administered by the office of the secretary of state and made
continuously available to each board of elections and to other
agencies as authorized by law.
(2)(a) State agencies, including, but not limited to, the
department of health, bureau of motor vehicles, department of job
and family services, and the department of rehabilitation and
corrections, shall provide any information and data to the
secretary of state that the secretary of state considers necessary
in order to maintain the statewide voter registration database
established pursuant to this section, except where prohibited by
federal law or regulation. The secretary of state shall ensure
that any information or data provided to the secretary of state
that is confidential in the possession of the entity providing the
data remains confidential while in the possession of the secretary
of state.
(b) Information provided under this division for maintenance
of the statewide voter registration database shall not be used to
update the name or address of a registered elector. The name or
address of a registered elector shall only be updated as a result
of the elector's actions in filing a notice of change of name,
change of address, or both.
(c) A board of elections shall contact a registered elector
by mail at the address on file with the board to verify the
accuracy of the information in the statewide voter registration
database regarding that elector if information provided under
division (A)(2)(a) of this section identifies a discrepancy
between the information regarding that elector that is maintained
in the statewide voter registration database and maintained by a
state agency.
(3) The secretary of state may enter into agreements to share
information or data with other states or groups of states, as the
secretary of state considers necessary, in order to maintain the
statewide voter registration database established pursuant to this
section. Except as otherwise provided in this division, the
secretary of state shall ensure that any information or data
provided to the secretary of state that is confidential in the
possession of the state providing the data remains confidential
while in the possession of the secretary of state. The secretary
of state may provide such otherwise confidential information or
data to persons or organizations that are engaging in legitimate
governmental purposes related to the maintenance of the statewide
voter registration database.
(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, state identification
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;
(6) Establishing a uniform method for addressing instances in
which records contained in the statewide voter registration
database do not conform with records maintained by the bureau of
motor vehicles.
(E) A board of elections promptly shall purge a voter's name
and voter registration information shall be purged 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. The secretary of state shall
notify the applicable board of elections of each voter from that
county that the secretary of state has purged from the statewide
voter registration database.
(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.
Sec. 3503.16. (A) Whenever a registered elector changes the
place of residence of that registered elector from one precinct to
another within a county or from one county to another, or has a
change of name, that registered elector shall report the change by
delivering a change of residence or change of name form, whichever
is appropriate, as prescribed by the secretary of state under
section 3503.14 of the Revised Code to the state or local office
of a designated agency, a public high school or vocational school,
a public library, the office of the county treasurer, the office
of the secretary of state, any office of the registrar or deputy
registrar of motor vehicles, or any office of a board of elections
in person or by a third person. Any voter registration, change of
address, or change of name application, returned by mail, may be
sent only to the secretary of state or the board of elections.
A registered elector also may update the registration of that
registered elector by filing a change of residence or change of
name form on the day of a special, primary, or general election at
the polling place in the precinct in which that registered elector
resides or at the board of elections or at another site designated
by the board.
(B)(1)(a) Any registered elector who moves within a precinct
on or prior to the day of a general, primary, or special election
and has not filed a notice of change of residence with the board
of elections may vote in that election by going to that registered
elector's assigned polling place in the precinct in which the
registered elector resides, completing and signing a notice of
change of residence, showing identification in the form of a
current and valid photo identification, a military or a nonphoto
state 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 current
address of the elector card, and casting a ballot. If the elector
provides either a driver's license or a state identification card
issued under section 4507.50 of the Revised Code that does not
contain the elector's current residence address, the elector shall
provide the last four digits of the elector's driver's license
number or state identification card number, and the precinct
election official shall mark the poll list or signature pollbook
to indicate that the elector has provided a driver's license or
state identification card number with a former address and record
the last four digits of the elector's driver's license number or
state identification card number.
(b) Any registered elector who changes the name of that
registered elector and remains within a precinct on or prior to
the day of a general, primary, or special election and has not
filed a notice of change of name with the board of elections may
vote in that election by going to that registered elector's
assigned polling place in the precinct in which the registered
elector resides, completing and signing a notice of a change of
name, showing the identification required by division (B)(1)(a) of
this section, and casting a provisional ballot under section
3505.181 of the Revised Code.
(2) Any registered elector who moves from one precinct to
another within a county or moves from one precinct to another and
changes the name of that registered elector on or prior to the day
of a general, primary, or special election and has not filed a
notice of change of residence or change of name, whichever is
appropriate, with the board of elections may vote in that election
if that registered elector complies with division (G) of this
section or does all of the following:
(a) Appears at anytime during regular business hours on or
after the twenty-eighth day prior to the election in which that
registered elector wishes to vote or, if the election is held on
the day of a presidential primary election, the twenty-fifth day
prior to the election, through noon of the Saturday prior to the
election the time that absent voter's ballots may be cast in
person at the office of the board of elections, appears at any
time during regular business hours on the Monday prior to the
election at the office of the board of elections, or, if pursuant
to division (C)(2) of section 3501.10 of the Revised Code the
board has designated another location at which registered electors
may cast absent voter's ballots in person before an election, at
that other location instead of the office of the board of
elections, or appears on the day of the election at either of the
following locations:
(i) The polling place in the precinct in which that
registered elector resides;
(ii) The office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections.
(b) Completes and signs, under penalty of election
falsification, the written affirmation on the provisional ballot
envelope, which shall serve as a notice of change of residence or
change of name, whichever is appropriate, and files it with
election officials at the polling place, at the office of the
board of elections, or, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated another
location in the county at which registered electors may vote, at
that other location instead of the office of the board of
elections, whichever is appropriate;
(c) Votes a provisional ballot under section 3505.181 of the
Revised Code at the polling place, in the precinct in which the
registered elector resides, at the office of the board of
elections, or, if pursuant to division (C)(2) of section 3501.10
of the Revised Code the board has designated another location in
the county at which registered electors may vote cast absent
voter's ballots in person before an election, at that other
location instead of the office of the board of elections,
whichever is appropriate, using the address to which that
registered elector has moved or the name of that registered
elector as changed, whichever is appropriate;
(d) Completes and signs, under penalty of election
falsification, a statement attesting that that registered elector
moved or had a change of name, whichever is appropriate, on or
prior to the day of the election, has voted a provisional ballot
at the polling place in the precinct in which that registered
elector resides, at the office of the board of elections, or, if
pursuant to division (C)(2) of section 3501.10 of the Revised Code
the board has designated another location in the county at which
registered electors may vote cast absent voter's ballots in person
before an election, at that other location instead of the office
of the board of elections, whichever is appropriate, and will not
vote or attempt to vote at any other location for that particular
election. The statement required under division (B)(2)(d) of this
section shall be included on the notice of change of residence or
change of name, whichever is appropriate, required under division
(B)(2)(b) of this section.
(C) Any registered elector who moves from one county to
another county within the state or moves from one county to
another and changes the name of that registered elector on or
prior to the day of a general, primary, or special election and
has not registered to vote in the county to which that registered
elector moved may vote in that election if that registered elector
complies with division (G) of this section or does all of the
following:
(1) Appears at any time during regular business hours on or
after the twenty-eighth day prior to the election in which that
registered elector wishes to vote or, if the election is held on
the day of a presidential primary election, the twenty-fifth day
prior to the election, through noon of the Saturday prior to the
election the time that absent voter's ballots may be cast in
person at the office of the board of elections or, if pursuant to
division (C)(2) of section 3501.10 of the Revised Code the board
has designated another location in the county at which registered
electors may vote cast absent voter's ballots in person before an
election, at that other location instead of the office of the
board of elections, appears during regular business hours on the
Monday prior to the election at the office of the board of
elections or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated another location in the
county at which registered electors may vote, at that other
location instead of the office of the board of elections, or
appears on the day of the election at the either of the following
locations:
(a) The polling place in the precinct in which that elector
resides;
(b) The office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections;
(2) Completes and signs, under penalty of election
falsification, the written affirmation on the provisional ballot
envelope, which shall serve as a notice of change of residence
and files it with election officials at the board of elections or,
if pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location in the county at which
registered electors may vote, at that other location instead of
the office of the board of elections or change of name, whichever
is appropriate;
(3) Votes a provisional ballot under section 3505.181 of the
Revised Code at the polling place in which the registered elector
resides, at the office of the board of elections or, if pursuant
to division (C)(2) of section 3501.10 of the Revised Code the
board has designated another location in the county at which
registered electors may vote cast absent voter's ballots in person
before an election, at that other location instead of the office
of the board of elections, using the address to which that
registered elector has moved or the name of that registered
elector as changed, whichever is appropriate;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that that registered elector
has moved from one county to another county within the state or
moved from one county to another and changed the elector's name,
whichever is appropriate, on or prior to the day of the election,
has voted at the office of the board of elections or, if pursuant
to division (C)(2) of section 3501.10 of the Revised Code the
board has designated another location in the county at which
registered electors may vote cast absent voter's ballots in person
before an election, at that other location instead of the office
of the board of elections, and will not vote or attempt to vote at
any other location for that particular election. The statement
required under division (C)(4) of this section shall be included
on the notice of change of residence required under division
(C)(2) of this section.
(D) A person who votes by absent voter's ballots pursuant to
division (G) of this section shall not make written application
for the ballots pursuant to Chapter 3509. of the Revised Code.
Ballots cast pursuant to division (G) of this section shall be set
aside in a special envelope and counted during the official
canvass of votes in the manner provided for in sections 3505.32
and 3509.06 of the Revised Code insofar as that manner is
applicable. The board shall examine the pollbooks to verify that
no ballot was cast at the polls or by absent voter's ballots under
Chapter 3509. or 3511. of the Revised Code by an elector who has
voted by absent voter's ballots pursuant to division (G) of this
section. Any ballot determined to be insufficient for any of the
reasons stated above or stated in section 3509.07 of the Revised
Code shall not be counted.
Subject to division (C) of section 3501.10 of the Revised
Code, a board of elections may lease or otherwise acquire a site
different from the office of the board at which registered
electors may vote pursuant to division (B) or (C) of this section.
(E) Upon receiving a change of residence or change of name
form, the board of elections shall immediately send the registrant
an acknowledgment notice. If the change of residence or change of
name form is valid, the board shall update the voter's
registration as appropriate. If that form is incomplete, the board
shall inform the registrant in the acknowledgment notice specified
in this division of the information necessary to complete or
update that registrant's registration.
(F) Change of residence and change of name forms shall be
available at each polling place, and when these forms are
completed, noting changes of residence or name, as appropriate,
they shall be filed with election officials at the polling place.
Election officials shall return completed forms, together with the
pollbooks and tally sheets, to the board of elections.
The board of elections shall provide change of residence and
change of name forms to the probate court and court of common
pleas. The court shall provide the forms to any person eighteen
years of age or older who has a change of name by order of the
court or who applies for a marriage license. The court shall
forward all completed forms to the board of elections within five
days after receiving them.
(G) A registered elector who otherwise would qualify to vote
under division (B) or (C) of this section but is unable to appear
at the office of the board of elections or, if pursuant to
division (C)(2) of section 3501.10 of the Revised Code the board
has designated another location in the county at which registered
electors may vote cast absent voter's ballots in person before an
election, at that other location, on account of personal illness,
physical disability, or infirmity, may vote on the day of the
election if that registered elector does all of the following:
(1) Makes a written application that includes all of the
information required under section 3509.03 of the Revised Code to
the appropriate board for an absent voter's ballot on or after the
twenty-seventh twenty-first day prior to the election in which the
registered elector wishes to vote through noon six p.m. of the
Saturday Friday prior to that election and requests that the
absent voter's ballot be sent to the address to which the
registered elector has moved if the registered elector has moved,
or to the address of that registered elector who has not moved but
has had a change of name;
(2) Declares that the registered elector has moved or had a
change of name, whichever is appropriate, and otherwise is
qualified to vote under the circumstances described in division
(B) or (C) of this section, whichever is appropriate, but that the
registered elector is unable to appear at the board of elections
because of personal illness, physical disability, or infirmity;
(3) Completes and returns along with the completed absent
voter's ballot a notice of change of residence indicating the
address to which the registered elector has moved, or a notice of
change of name, whichever is appropriate;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that the registered elector
has moved or had a change of name on or prior to the day before
the election, has voted by absent voter's ballot because of
personal illness, physical disability, or infirmity that prevented
the registered elector from appearing at the board of elections,
and will not vote or attempt to vote at any other location or by
absent voter's ballot mailed to any other location or address for
that particular election.
Sec. 3503.19. (A) Persons qualified to register or to change
their registration because of a change of address or change of
name may register or change their registration in person or
through another person at any state or local office of a
designated agency, at the office of the registrar or any deputy
registrar of motor vehicles, at a public high school or vocational
school, at a public library, at the office of a county treasurer,
or at a branch office established by the board of elections, or in
person, through another person, or by mail at the office of the
secretary of state or at the office of a board of elections. A
registered elector may also change the elector's registration on
election day at any polling place where the elector is eligible to
vote, in the manner provided under section 3503.16 of the Revised
Code.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the
office of a county treasurer shall transmit any voter registration
application or change of registration form that it receives to the
board of elections of the county in which the state or local
office is located, within five business days after receiving the
voter registration application or change of registration form.
An otherwise valid voter registration application that is
returned to the appropriate office other than by mail must be
received by a state or local office of a designated agency, the
office of the registrar or any deputy registrar of motor vehicles,
a public high school or vocational school, a public library, the
office of a county treasurer, the office of the secretary of
state, or the office of a board of elections no later than the
thirtieth day preceding a primary, special, or general election
for the person to qualify as an elector eligible to vote at that
election. An otherwise valid registration application received
after that day entitles the elector to vote at all subsequent
elections.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the
office of a county treasurer shall date stamp a registration
application or change of name or change of address form it
receives using a date stamp that does not disclose the identity of
the state or local office that receives the registration.
Voter registration applications, if otherwise valid, that are
returned by mail to the office of the secretary of state or to the
office of a board of elections must be postmarked no later than
the thirtieth day preceding a primary, special, or general
election in order for the person to qualify as an elector eligible
to vote at that election. If an otherwise valid voter registration
application that is returned by mail does not bear a postmark or a
legible postmark, the registration shall be valid for that
election if received by the office of the secretary of state or
the office of a board of elections no later than twenty-five days
preceding any special, primary, or general election.
(B)(1) Any person may apply in person, by telephone, by mail,
or through another person for voter registration forms to the
office of the secretary of state or the office of a board of
elections. An individual who is eligible to vote as a uniformed
services voter or an overseas voter in accordance with 42 U.S.C.
1973ff-6 also may apply for voter registration forms by electronic
means to the office of the secretary of state or to the board of
elections of the county in which the person's voting residence is
located pursuant to section 3503.191 of the Revised Code.
(2)(a) An applicant may return the applicant's completed
registration form in person or by mail through another person to
any state or local office of a designated agency, to a public high
school or vocational school, to a public library, to the office of
a county treasurer, to the office of the secretary of state, or to
the office of a board of elections. An applicant who is eligible
to vote as a uniformed services voter or an overseas voter in
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's
completed voter registration form electronically to the office of
the secretary of state or to the board of elections of the county
in which the person's voting residence is located pursuant to
section 3503.191 of the Revised Code.
(b) Subject to division (B)(2)(c) of this section, an
applicant may return the applicant's completed registration form
by mail or through another person to any board of elections or the
office of the secretary of state.
(c) A person who receives compensation for registering a
voter shall return any registration form entrusted to that person
by an applicant to any board of elections or to the office of the
secretary of state.
(d) If a board of elections or the office of the secretary of
state receives a registration form under division (B)(2)(b) or (c)
of this section before the thirtieth day before an election, the
board or the office of the secretary of state, as applicable,
shall forward the registration to the board of elections of the
county in which the applicant is seeking to register to vote
within ten days after receiving the application. If a board of
elections or the office of the secretary of state receives a
registration form under division (B)(2)(b) or (c) of this section
on or after the thirtieth day before an election, the board or the
office of the secretary of state, as applicable, shall forward the
registration to the board of elections of the county in which the
applicant is seeking to register to vote within thirty days after
that election.
(C)(1) A board of elections that receives a voter
registration application and is satisfied as to the truth of the
statements made in the registration form shall register the
applicant not later than twenty business days after receiving the
application, unless that application is received during the thirty
days immediately preceding the day of an election. The board shall
promptly notify the applicant in writing of each of the following:
(a) The applicant's registration;
(b) The precinct in which the applicant is to vote;
(c) In bold type as follows:
"Voters must bring photo identification to the polls in order
to verify identity. Identification may include a current and valid
photo identification, a military identification, or a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document, other than this notification or a
notification of an election mailed by a board of elections, that
shows the voter's name and current address. Voters who do not
provide one of these documents have a religious objection to being
photographed will still be able to vote by providing the last four
digits of the voter's social security number and by casting a
provisional ballot. Voters who do not have any of the above forms
of identification, including a social security number, will still
be able to vote a nonphoto state identification card or by signing
an affirmation swearing to the voter's identity to that effect
under penalty of election falsification and by casting a
provisional ballot."
The notification shall be by nonforwardable mail. If the mail
is returned to the board, it shall investigate and cause the
notification to be delivered to the correct address.
(2) If, after investigating as required under division (C)(1)
of this section, the board is unable to verify the voter's correct
address, it shall cause the voter's name in the official
registration list and in the poll list or signature pollbook to be
marked to indicate that the voter's notification was returned to
the board.
At the first election at which a voter whose name has been so
marked appears to vote, the voter shall be required to provide
photo identification or a nonphoto state identification card to
the election officials and to vote by provisional ballot under
section 3505.181 of the Revised Code. If the provisional ballot is
counted pursuant to division (B)(3) of section 3505.183 of the
Revised Code, the board shall correct that voter's registration,
if needed, and shall remove the indication that the voter's
notification was returned from that voter's name on the official
registration list and on the poll list or signature pollbook. If
the provisional ballot is not counted pursuant to division
(B)(4)(a)(i), or (v), or (vi) of section 3505.183 of the Revised
Code, the voter's registration shall be canceled. The board shall
notify the voter by United States mail of the cancellation.
(3) If a notice of the disposition of an otherwise valid
registration application is sent by nonforwardable mail and is
returned undelivered, the person shall be registered as provided
in division (C)(2) of this section and sent a confirmation notice
by forwardable mail. If the person fails to respond to the
confirmation notice, update the person's registration, or vote by
provisional ballot as provided in division (C)(2) of this section
in any election during the period of two federal elections
subsequent to the mailing of the confirmation notice, the person's
registration shall be canceled.
Sec. 3503.24. (A) Application for the correction of any
precinct registration list or a challenge of the right to vote of
any registered elector may be made by any qualified elector of the
county at the office of the board of elections not later than
twenty days prior to the election. The applications or challenges,
with the reasons for the application or challenge, shall be filed
with the board on a form prescribed by the secretary of state and
shall be signed under penalty of election falsification.
(B) On receiving an application or challenge filed under this
section, the board of elections promptly shall review the board's
records. If the board is able to determine that an application or
challenge should be granted or denied solely on the basis of the
records maintained by the board, the board immediately shall vote
to grant or deny that application or challenge.
If the board is not able to determine whether an application
or challenge should be granted or denied solely on the basis of
the records maintained by the board, the director shall promptly
set a time and date for a hearing before the board. Except as
otherwise provided in division (D) of this section, the The
hearing shall be held, and the application or challenge shall be
decided, no later than ten days after the board receives the
application or challenge. The director shall send written notice
to any elector whose right to vote is challenged and to any person
whose name is alleged to have been omitted from a registration
list. The notice shall inform the person of the time and date of
the hearing, and of the person's right to appear and testify, call
witnesses, and be represented by counsel. The notice shall be sent
by first class mail no later than three days before the day of any
scheduled hearing. The director shall also provide the person who
filed the application or challenge with such written notice of the
date and time of the hearing.
At the request of either party or any member of the board,
the board shall issue subpoenas to witnesses to appear and testify
before the board at a hearing held under this section. All
witnesses shall testify under oath. The board shall reach a
decision on all applications and challenges immediately after
hearing.
(C) If the board decides that any such person is not entitled
to have the person's name on the registration list, the person's
name shall be removed from the list and the person's registration
forms canceled. If the board decides that the name of any such
person should appear on the registration list, it shall be added
to the list, and the person's registration forms placed in the
proper registration files. All such corrections and additions
shall be made on a copy of the precinct lists, which shall
constitute the poll lists, to be furnished to the respective
precincts with other election supplies on the day preceding the
election, to be used by the election officials in receiving the
signatures of voters and in checking against the registration
forms.
(D)(1) If an application or challenge for which a hearing is
required to be conducted under division (B) of this section is
filed after the thirtieth day before the day of an election, the
board of elections, in its discretion, may postpone that hearing
and any notifications of that hearing until after the day of the
election. Any hearing postponed under this division shall be
conducted not later than ten days after the day of the election.
(2) The board of elections shall cause the name of any
registered elector whose registration is challenged and whose
challenge hearing is postponed under division (D)(1) of this
section to be marked in the official registration list and in the
poll list or signature pollbook for that elector's precinct to
indicate that the elector's registration is subject to challenge.
(3) Any elector who is the subject of an application or
challenge hearing that is postponed under division (D)(1) of this
section shall be permitted to vote a provisional ballot under
section 3505.181 of the Revised Code. The validity of a
provisional ballot cast pursuant to this section shall be
determined in accordance with section 3505.183 of the Revised
Code, except that no such provisional ballot shall be counted
unless the hearing conducted under division (B) of this section
after the day of the election results in the elector's inclusion
in the official registration list.
Sec. 3503.28. (A) The secretary of state shall develop an
information brochure regarding voter registration. The brochure
shall include, but is not limited to, all of the following
information:
(1) The applicable deadlines for registering to vote or for
returning an applicant's completed registration form;
(2) The applicable deadline for returning an applicant's
completed registration form if the person returning the form is
being compensated for registering voters;
(3) The locations to which a person may return an applicant's
completed registration form;
(4) The location to which a person who is compensated for
registering voters may return an applicant's completed
registration form;
(5) The registration and affirmation requirements applicable
to persons who are compensated for registering voters under
section 3503.29 of the Revised Code;
(6) A notice, which shall be written in bold type, stating as
follows:
"Voters must bring photo identification to the polls in order
to verify identity. Identification may include a current and valid
photo identification, 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
or a voter registration notification sent by a board of elections,
that shows the voter's name and current address. Voters who do not
provide one of these documents have a religious objection to being
photographed will still be able to vote by providing the last four
digits of the voter's social security number and by casting a
provisional ballot. Voters who do not have any of the above forms
of identification, including a social security number, will still
be able to vote a nonphoto state identification card or by signing
an affirmation swearing to the voter's identity to that effect
under penalty of election falsification and by casting a
provisional ballot."
(B) Except as otherwise provided in division (D) of this
section, a board of elections, designated agency, public high
school, public vocational school, public library, office of a
county treasurer, or deputy registrar of motor vehicles shall
distribute a copy of the brochure developed under division (A) of
this section to any person who requests more than two voter
registration forms at one time.
(C)(1) The secretary of state shall provide the information
required to be included in the brochure developed under division
(A) of this section to any person who prints a voter registration
form that is made available on a web site of the office of the
secretary of state.
(2) If a board of elections operates and maintains a web
site, the board shall provide the information required to be
included in the brochure developed under division (A) of this
section to any person who prints a voter registration form that is
made available on that web site.
(D) A board of elections shall not be required to distribute
a copy of a brochure under division (B) of this section to any of
the following officials or employees who are requesting more than
two voter registration forms at one time in the course of the
official's or employee's normal duties:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(E)(C) As used in this section, "registering voters" includes
any effort, for compensation, to provide voter registration forms
or to assist persons in completing or returning those forms.
Sec. 3505.18. (A)(1) When an elector appears in a polling
place to vote, the elector shall announce to the precinct election
officials the elector's full name and current address and provide
proof of the elector's identity in the form of a current and valid
photo identification, a military or a nonphoto state
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 current
address of the elector card. If the elector provides either a
driver's license or a state identification card issued under
section 4507.50 of the Revised Code that does not contain the
elector's current residence address, the elector shall provide the
last four digits of the elector's driver's license number or state
identification card number, and the precinct election official
shall mark the poll list or signature pollbook to indicate that
the elector has provided a driver's license or state
identification card number with a former address and record the
last four digits of the elector's driver's license number or state
identification card number.
(2) If an elector has but does not have or is unable to
provide to the precinct election officials any of the forms of
identification required under division (A)(1) of this section, but
has a social security number, the elector may provide the last
four digits of the elector's social security number. Upon
providing the social security number information, the elector may
cast a provisional ballot under section 3505.181 of the Revised
Code, the envelope of which ballot shall include that social
security number information and do either of the following:
(a) Appear at the office of the board of elections not later
than the close of the polls on the day of the election and provide
the identification required under division (A)(1) of this section;
or
(b) Write the elector's social security number, driver's
license number, or state identification card number on the
provisional ballot envelope, which number shall be verified by the
board of elections with the bureau of motor vehicles.
(3) If an elector has but is unable to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of this section and if the elector
has a social security number but is unable to provide the last
four digits of the elector's social security number, the elector
may cast a provisional ballot under section 3505.181 of the
Revised Code.
(4) If an elector does not have any of the forms of
identification required under division (A)(1) of this section and
cannot provide the last four digits of the elector's social
security number because the elector does not have a social
security number a religious objection to being photographed and
the elector does not have a nonphoto state identification card,
the elector may execute an affirmation under penalty of election
falsification that the elector cannot provide the identification
required under that division or the last four digits of the
elector's social security number for those reasons to that effect.
Upon signing the affirmation, the elector may cast a provisional
ballot under section 3505.181 of the Revised Code. The secretary
of state shall prescribe the form of the affirmation, which shall
include spaces for all of the following:
(b) The elector's address;
(d) The elector's date of birth;
(e) The elector's signature.;
(f) A statement that the elector has a religious objection to
being photographed; and
(g) The statement, "A person who knowingly and falsely signs
this affirmation may be subject to criminal prosecution for
election falsification, a felony, which may subject a violator to
a prison term, a monetary fine, and possible loss of voting
privileges for repeat violations."
(5) If an elector does not have any of the forms of
identification required under division (A)(1) of this section and
cannot provide the last four digits of the elector's social
security number because the elector does not have a social
security number, and if the elector declines to execute an
affirmation under division (A)(4) of this section, the elector may
cast a provisional ballot under section 3505.181 of the Revised
Code, the envelope of which ballot shall include the elector's
name.
(6) If an elector has but declines to provide to the precinct
election officials any of the forms of identification required
under division (A)(1) of this section or the elector has a social
security number but declines to provide to the precinct election
officials the last four digits of the elector's social security
number, the elector may cast a provisional ballot under section
3505.181 of the Revised Code.
(B) After the elector has announced the elector's full name
and current address and provided any of the forms of
identification required under division (A)(1) of this section, the
elector shall write the elector's name and address signature at
the proper place in the poll list or signature pollbook provided
for the purpose, except that if, for any reason, an elector is
unable to write the elector's name and current address signature
in the poll list or signature pollbook, the elector may make the
elector's mark at the place intended for the elector's name
signature, and a precinct election official shall write the name
of the elector at the proper place on the poll list or signature
pollbook following the elector's mark. The making of such a mark
shall be attested by the precinct election official, who shall
evidence the same by signing the precinct election official's name
on the poll list or signature pollbook as a witness to the mark.
Alternatively, if applicable, an attorney in fact acting pursuant
to section 3501.382 of the Revised Code may sign the elector's
signature in the poll list or signature pollbook in accordance
with that section.
The elector's signature in the poll list or signature
pollbook then shall be compared with the elector's signature on
the elector's registration form or a digitized signature list as
provided for in section 3503.13 of the Revised Code, and if, in
the opinion of a majority of the precinct election officials, the
signatures are the signatures of the same person, the election
officials shall enter the date of the election on the registration
form or shall record the date by other means prescribed by the
secretary of state. The validity of an attorney in fact's
signature on behalf of an elector shall be determined in
accordance with section 3501.382 of the Revised Code.
If the right of the elector to vote is not then challenged,
or, if being challenged, the elector establishes the elector's
right to vote, the elector shall be allowed to proceed to use the
voting machine. If voting machines are not being used in that
precinct, the judge in charge of ballots shall then detach the
next ballots to be issued to the elector from Stub B attached to
each ballot, leaving Stub A attached to each ballot, hand the
ballots to the elector, and call the elector's name and the stub
number on each of the ballots. The judge shall enter the stub
numbers opposite the signature of the elector in the pollbook. The
elector shall then retire to one of the voting compartments to
mark the elector's ballots. No mark shall be made on any ballot
which would in any way enable any person to identify the person
who voted the ballot.
Sec. 3505.181. (A) All of the following individuals shall be
permitted to cast a provisional ballot at an election:
(1) An individual who declares that the individual is a
registered voter in the jurisdiction in which the individual
desires to vote and that the individual is eligible to vote in an
election, but the name of the individual does not appear on the
official list of eligible voters for the polling place or an
election official asserts that the individual is not eligible to
vote;
(2) An individual who has a social security number and
provides to the election officials the last four digits of the
individual's social security number as permitted by division
(A)(2) of section 3505.18 of the Revised Code;
(3) An individual who has but does not have or is unable to
provide to the election officials any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code and who has a social security number but is
unable to provide the last four digits of the individual's social
security number as permitted under division (A)(2) of that section
is casting a provisional ballot under division (A)(3) of that
section;
(4) An individual who does not have any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code, who cannot provide the last four digits of
the individual's social security number under division (A)(2) of
that section because the individual does not have a social
security number, and who has executed an affirmation as permitted
under division (A)(4) of that section;
(5)(3) An individual whose name in the poll list or signature
pollbook has been marked under section 3509.09 or 3511.13 of the
Revised Code as having requested an absent voter's ballot or an
armed service a uniformed services or overseas absent voter's
ballot for that election and who appears to vote at the polling
place;
(6)(4) An individual whose notification of registration has
been returned undelivered to the board of elections and whose name
in the official registration list and in the poll list or
signature pollbook has been marked under division (C)(2) of
section 3503.19 of the Revised Code;
(7)(5) An individual who is challenged under section 3505.20
of the Revised Code and the election officials determine that the
person is ineligible to vote or are unable to determine the
person's eligibility to vote;
(8) An individual whose application or challenge hearing has
been postponed until after the day of the election under division
(D)(1) of section 3503.24 of the Revised Code;
(9)(6) An individual who changes the individual's name and
remains within the precinct, moves from one precinct to another
within a county, moves from one precinct to another and changes
the individual's name, or moves from one county to another within
the state, or moves from one county to another and changes the
individual's name and completes and signs the required forms and
statements under division (B) or (C) of section 3503.16 of the
Revised Code;
(10)(7) An individual whose signature, in the opinion of the
precinct officers under section 3505.22 of the Revised Code, is
not that of the person who signed that name in the registration
forms;
(11)(8) An individual who is challenged under section 3513.20
of the Revised Code who refuses to make the statement required
under that section, who a majority of the precinct officials find
lacks any of the qualifications to make the individual a qualified
elector, or who a majority of the precinct officials find is not
affiliated with or a member of the political party whose ballot
the individual desires to vote;
(12) An individual who does not have any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code, who cannot provide the last four digits of
the individual's social security number under division (A)(2) of
that section because the person does not have a social security
number, and who declines to execute an affirmation as permitted
under division (A)(4) of that section;
(13) An individual who has but declines to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of section 3501.18 of the Revised
Code or who has a social security number but declines to provide
to the precinct election officials the last four digits of the
individual's social security number (9) An individual who is
casting a ballot after the time for the closing of the polls under
section 3501.32 of the Revised Code pursuant to a court order
extending the time for the closing of the polls;
(10) An individual who has a religious objection to being
photographed, who does not have a nonphoto state identification
card, and who has executed an affirmation under division (A)(3) of
section 3505.18 of the Revised Code.
(B) An individual who is eligible to cast a provisional
ballot under division (A) of this section shall be permitted to
cast a provisional ballot as follows:
(1) An election official at the polling place shall notify
the individual that the individual may cast a provisional ballot
in that election.
(2) The individual shall be permitted to cast a provisional
ballot at that polling place upon the execution of a written
affirmation by the individual before an election official at the
polling place stating that the individual is both of the
following:
(a) A registered voter in the jurisdiction in which the
individual desires to vote;
(b) Eligible to vote in that election.
If the individual declines to execute the affirmation, the
election official shall not record any of the information required
to be provided by the individual on the affirmation. The election
official shall explain to the individual that the provisional
ballot will not be counted.
(3) An election official at the polling place shall transmit
the ballot cast by the individual, and the voter information
contained in the written affirmation executed by the individual
under division (B)(2) of this section, or the individual's name if
the individual declines to execute such an affirmation to an
appropriate local election official for verification under
division (B)(4) of this section.
(4) If the appropriate local election official to whom the
ballot or voter or address information is transmitted under
division (B)(3) of this section determines that the individual is
eligible to vote, the individual's provisional ballot shall be
counted as a vote in that election.
(5)(a) At the time that an individual casts a provisional
ballot, the appropriate local election official shall give the
individual written information that states that any individual who
casts a provisional ballot will be able to ascertain under the
system established under division (B)(5)(4)(b) of this section
whether the vote was counted, and, if the vote was not counted,
the reason that the vote was not counted.
(b) The appropriate state or local election official shall
establish a free access system, in the form of a toll-free
telephone number, that any individual who casts a provisional
ballot may access to discover whether the vote of that individual
was counted, and, if the vote was not counted, the reason that the
vote was not counted. The free access system established under
this division also shall provide to an individual whose
provisional ballot was not counted information explaining how that
individual may contact the board of elections to register to vote
or to resolve problems with the individual's voter registration.
The appropriate state or local election official shall
establish and maintain reasonable procedures necessary to protect
the security, confidentiality, and integrity of personal
information collected, stored, or otherwise used by the free
access system established under this division. Access to
information about an individual ballot shall be restricted to the
individual who cast the ballot.
(6) If, at the time that an individual casts a provisional
ballot, the individual provides identification in the form of a
current and valid photo identification, a military identification,
or a copy of a current utility bill, bank statement, government
check, paycheck, or other government document, other than a notice
of an election mailed by a board of elections under section
3501.19 of the Revised Code or a notice of voter registration
mailed by a board of elections under section 3503.19 of the
Revised Code, that shows the individual's name and current
address, or provides the last four digits of the individual's
social security number, or executes an affirmation that the
elector does not have any of those forms of identification or the
last four digits of the individual's social security number
because the individual does not have a social security number, or
declines to execute such an affirmation, the appropriate local
election official shall record the type of identification
provided, the social security number information, the fact that
the affirmation was executed, or the fact that the individual
declined to execute such an affirmation and include that
information with the transmission of the ballot or voter or
address information under division (B)(3) of this section. If the
individual declines to execute such an affirmation, the
appropriate local election official shall record the individual's
name and include that information with the transmission of the
ballot under division (B)(3) of this section.
(7) If an individual casts a provisional ballot pursuant to
division (A)(3), (7), (8), (12), or (13) of this section, the
election official shall indicate, on the provisional ballot
verification statement required under section 3505.182 of the
Revised Code, that the individual is required to provide
additional information to the board of elections or that an
application or challenge hearing has been postponed with respect
to the individual, such that additional information is required
for the board of elections to determine the eligibility of the
individual who cast the provisional ballot.
(8) During the ten days after the day of an election, an
individual who casts a provisional ballot pursuant to division
(A)(3), (7), (12), or (13) of this section shall appear at the
office of the board of elections and provide to the board any
additional information necessary to determine the eligibility of
the individual who cast the provisional ballot.
(a) For a provisional ballot cast pursuant to division
(A)(3), (12), or (13) of this section to be eligible to be
counted, the individual who cast that ballot, within ten days
after the day of the election, shall do any of the following:
(i) Provide to the board of elections proof of the
individual's identity in the form of a current and valid photo
identification, a military identification, or a copy of a current
utility bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections
under section 3503.19 of the Revised Code, that shows the
individual's name and current address;
(ii) Provide to the board of elections the last four digits
of the individual's social security number;
(iii) In the case of a provisional ballot executed pursuant
to division (A)(12) of this section, execute an affirmation as
permitted under division (A)(4) of section 3505.18 of the Revised
Code.
(b) For a provisional ballot cast pursuant to division (A)(7)
of this section to be eligible to be counted, the individual who
cast that ballot, within ten days after the day of that election,
shall provide to the board of elections any identification or
other documentation required to be provided by the applicable
challenge questions asked of that individual under section 3505.20
of the Revised Code.
(C)(1) If an individual declares that the individual is
eligible to vote in a jurisdiction other than the jurisdiction in
which the individual desires to vote, or if, upon review of the
precinct voting location guide using the residential street
address provided by the individual, an election official at the
polling place at which the individual desires to vote determines
that the individual is not eligible to vote in that jurisdiction,
the election official shall may direct the individual to the
polling place for the jurisdiction in which the individual appears
to be eligible to vote, explain that the individual may cast a
provisional ballot at the current location but the ballot will not
be counted if it is cast in the wrong precinct, and provide the
telephone number of the board of elections in case the individual
has additional questions. It is the duty of the individual casting
the ballot to ensure that the individual is casting that ballot in
the correct precinct.
(2) If the The individual refuses to may travel to the
polling place for the correct jurisdiction or to the office of the
board of elections to cast a ballot, or the individual shall be
permitted to vote a provisional ballot at that jurisdiction in
accordance with division (B) of this section. If any of the
following apply, the provisional ballot cast by that individual
shall not be opened or counted:
(a) The individual is not properly registered in that
jurisdiction.
(b) The individual is not eligible to vote in that election
in that jurisdiction.
(c) The individual's eligibility to vote in that jurisdiction
in that election cannot be established upon examination of the
records on file with the board of elections.
(3) If an election official attempts to direct an individual
to the correct precinct under division (C)(1) of this section, and
the individual subsequently casts a ballot in the wrong precinct,
both of the following apply:
(a) That ballot shall not be counted.
(b) The ballot being cast in the wrong precinct shall not be
considered to be caused by an error on the part of the election
official.
(D) The appropriate local election official shall cause
voting information to be publicly posted at each polling place on
the day of each election.
(E) As used in this section and sections 3505.182 and
3505.183 of the Revised Code:
(1) "Jurisdiction" means the precinct in which a person is a
legally qualified elector.
(2) "Precinct voting location guide" means either of the
following:
(a) An electronic or paper record that lists the correct
jurisdiction and polling place for either each specific
residential street address in the county or the range of
residential street addresses located in each neighborhood block in
the county;
(b) Any other method that a board of elections creates that
allows a precinct election official or any elector who is at a
polling place in that county to determine the correct jurisdiction
and polling place of any qualified elector who resides in the
county.
(3) "Voting information" means all of the following:
(a) A sample version of the ballot that will be used for that
election;
(b) Information regarding the date of the election and the
hours during which polling places will be open;
(c) Instructions on how to vote, including how to cast a vote
and how to cast a provisional ballot;
(d) Instructions for mail-in registrants and first-time
voters under applicable federal and state laws;
(e) General information on voting rights under applicable
federal and state laws, including information on the right of an
individual to cast a provisional ballot and instructions on how to
contact the appropriate officials if these rights are alleged to
have been violated;
(f) General information on federal and state laws regarding
prohibitions against acts of fraud and misrepresentation.
(F) Nothing in this section or section 3505.183 of the
Revised Code is in derogation of section 3505.24 of the Revised
Code, which permits a blind, disabled, or illiterate elector to
receive assistance in the marking of the elector's ballot by two
precinct election officials of different political parties. A
blind, disabled, or illiterate elector may receive assistance in
marking that elector's provisional ballot and in completing the
required affirmation in the same manner as an elector may receive
assistance on the day of an election under that section.
Sec. 3505.182. Each individual who casts a provisional
ballot under section 3505.181 of the Revised Code shall execute a
written affirmation. The secretary of state shall prescribe the
form of the written affirmation, which shall be printed upon the
face of the provisional ballot envelope and shall be substantially
as follows:
"Provisional Ballot Affirmation
I, .................... (Name of provisional voter), solemnly
swear or affirm that I am a registered voter in the jurisdiction
in which I am voting this provisional ballot and that I am
eligible to vote in the election in which I am voting this
provisional ballot.
I understand that, if the above-provided information is not
fully completed and correct, if the board of elections determines
that I am not registered to vote, a resident of this precinct, or
eligible to vote in this election, or if the board of elections
determines that I have already voted in this election, my
provisional ballot will not be counted. I further understand that
knowingly providing false information is a violation of law and
subjects me to possible criminal prosecution.
I hereby declare, under penalty of election falsification,
that the above statements are true and correct to the best of my
knowledge and belief.
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(Signature of Voter) |
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(Voter's date of birth) |
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The last four digits of the voter's social security number |
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(To be provided if the voter is unable to provide a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits) |
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WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY
OF THE FIFTH DEGREE.
Additional Information For Determining Ballot Validity
(May be completed at voter's discretion)
Voter's current address: |
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Voter's former address if photo identification does not contain voter's current address |
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Voter's driver's license number or, if not provided above, the last four digits of voter's social security number |
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(Please circle number type) |
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(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.)
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Reason for voting provisional ballot (Check one):
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..... Requested, but did not receive, absent voter's ballot
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..... Other
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Verification Statement
(To be completed by election official)
The Provisional Ballot Affirmation printed above was
subscribed and affirmed before me this .......... day of
.......... (Month), .......... (Year).
(If applicable, the election official must check the
following true statement concerning additional information needed
to determine the eligibility of the provisional voter.)
...... The provisional voter is required to provide
additional information to the board of elections.
...... An application or challenge hearing regarding this
voter has been postponed until after the election.
(The election official must check the following true
statement concerning identification provided by the provisional
voter, if any.)
...... The provisional voter provided a current and valid
photo identification.
...... The provisional voter provided a current valid photo
identification, other than a driver's license or a state
identification card, with the voter's former address instead of
current address and has provided the election official both the
current and former addresses.
...... The provisional voter provided a military
identification or a copy of a current utility bill, bank
statement, government check, paycheck, or other government
document, other than a notice of an election mailed by a board of
elections under section 3501.19 of the Revised Code or a notice of
voter registration mailed by a board of elections under section
3503.19 of the Revised Code, with the voter's name and current
address.
...... The provisional voter provided the last four digits of
the voter's social security number.
...... The provisional voter is not able to provide a current
and valid photo identification, a military identification, or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document, other than a notice of an
election mailed by a board of elections under section 3501.19 of
the Revised Code or a notice of voter registration mailed by a
board of elections under section 3503.19 of the Revised Code, with
the voter's name and current address but does have one of these
forms of identification. The provisional voter must provide one of
the foregoing items of identification to the board of elections
within ten days after the election.
..... The provisional voter is not able to provide a current
and valid photo identification, a military identification, or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document, other than a notice of an
election mailed by a board of elections under section 3501.19 of
the Revised Code or a notice of voter registration mailed by a
board of elections under section 3503.19 of the Revised Code, with
the voter's name and current address but does have one of these
forms of identification. Additionally, the provisional voter does
have a social security number but is not able to provide the last
four digits of the voter's social security number before voting.
The provisional voter must provide one of the foregoing items of
identification or the last four digits of the voter's social
security number to the board of elections within ten days after
the election.
..... The provisional voter does not have a current and valid
photo identification, a military identification, a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document with the voter's name and current
address, or a social security number, but has executed an
affirmation.
..... The provisional voter does not have a current and valid
photo identification, a military identification, a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document with the voter's name and current
address, or a social security number, and has declined to execute
an affirmation.
..... The provisional voter declined to provide a current and
valid photo identification, a military identification, a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document with the voter's name and current
address, or the last four digits of the voter's social security
number but does have one of these forms of identification or a
social security number. The provisional voter must provide one of
the foregoing items of identification or the last four digits of
the voter's social security number to the board of elections
within ten days after the election.
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(Signature of Election Official)" |
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In addition to any information required to be included on the
written affirmation, an individual casting a provisional ballot
may provide additional information to the election official to
assist the board of elections in determining the individual's
eligibility to vote in that election, including the date and
location at which the individual registered to vote, if known.
If the individual declines to execute the affirmation, an
appropriate local election official shall comply with division
(B)(6) of section 3505.181 of the Revised Code.
Sec. 3505.183. (A) When the ballot boxes are delivered to
the board of elections from the precincts, the board shall
separate the provisional ballot envelopes from the rest of the
ballots. Teams of employees of the board consisting of one member
of each major political party shall place the sealed provisional
ballot envelopes in a secure location within the office of the
board. The sealed provisional ballot envelopes shall remain in
that secure location until the validity of those ballots is
determined under division (B) of this section. While the
provisional ballot is stored in that secure location, and prior to
the counting of the provisional ballots, if the board receives
information regarding the validity of a specific provisional
ballot under division (B) of this section, the board may note, on
the sealed provisional ballot envelope for that ballot, whether
the ballot is valid and entitled to be counted.
(B)(1) To determine whether a provisional ballot is valid and
entitled to be counted, the board shall examine its the
affirmation executed by the provisional voter, the statewide voter
registration database, and other records maintained by the board
of elections and determine whether the individual who cast the
provisional ballot is registered and eligible to vote in the
applicable election. The board shall examine the information
contained in the written affirmation executed by the individual
who cast the provisional ballot under division (B)(2) of section
3505.181 of the Revised Code. If the individual declines to
execute such an affirmation, the individual's name, written by
either the individual or the election official at the direction of
the individual, shall be included in a written affirmation in
order for the provisional ballot to be eligible to be counted;
otherwise, the If the provisional voter provided identification at
the board of elections prior to the close of the polls under
division (A)(2)(a) of section 3505.18 of the Revised Code, the
board of elections shall match that voter's provisional ballot
envelope with the corresponding voter's identification and
consider that provisional voter to have provided the required
identification at the polling place at the time the ballot was
cast when determining the validity of the provisional ballot. If
the provisional voter provided the individual's social security
number, driver's license number, or state identification card
number on the provisional ballot envelope under division (A)(2)(b)
of that section, the board of elections shall verify that voter's
social security number, driver's license number, or state
identification card number with records maintained by the bureau
of motor vehicles. If those records correspond, the board of
elections shall consider that provisional voter to have provided
the required identification at the polling place at the time the
ballot was cast.
The following information shall be included by the
provisional voter in the written affirmation in order for the
provisional ballot to be eligible to be counted:
(a) The individual's printed name and;
(b) The individual's signature;
(b)(c) The individual's date of birth;
(d) One of the following:
(i) The individual's social security number;
(ii) The individual's driver's license number;
(iii) The individual's state identification card number;
(iv) Except as otherwise provided in division (B)(1) of this
section, an affirmative notation that the individual provided the
required identification under division (A)(1) of section 3505.18
of the Revised Code or executed an affirmation under division
(A)(3) of that section;
(e) The individual's residence address;
(f) A statement that the individual is a registered voter in
the jurisdiction in which the provisional ballot is being voted;
(c)(g) A statement that the individual is eligible to vote in
the election in which the provisional ballot is being voted.
(2) In addition to the information required to be included in
an affirmation under division (B)(1) of this section, in
determining whether a provisional ballot is valid and entitled to
be counted, the board also shall examine any additional
information for determining ballot validity provided by the
provisional voter on the affirmation, provided by the provisional
voter to an election official under section 3505.182 of the
Revised Code, or provided to the board of elections during the ten
days after the day of the election under division (B)(8) of
section 3505.181 of the Revised Code, to assist the board in
determining the individual's eligibility to vote.
(3) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this
section, the board determines that all of the following apply, the
provisional ballot envelope shall be opened, and the ballot shall
be placed in a ballot box to be counted:
(a) The individual named on the affirmation is properly
registered to vote.
(b) The individual named on the affirmation is eligible to
cast a ballot in the precinct and for the election in which the
individual cast the provisional ballot.
(c) The individual provided all of the information required
under division (B)(1) of this section in the affirmation that the
individual executed at the time the individual cast the
provisional ballot, or the individual provided all of the
information required under division (B)(1) of this section with
the exception of the required identification, which identification
was provided at the board of elections prior to the close of the
polls or verified by matching the social security number, driver's
license number, or state identification card number provided on
the voter's provisional ballot envelope with records maintained by
the bureau of motor vehicles.
(d) If applicable, the individual provided any additional
information required under division (B)(8) of section 3505.181 of
the Revised Code within ten days after the day of the election.
(e) If applicable, the hearing conducted under division (B)
of section 3503.24 of the Revised Code after the day of the
election resulted in the individual's inclusion in the official
registration list.
(4)(3)(a) If, in examining a provisional ballot affirmation
and additional information under divisions (B)(1) and (2) of this
section, the board determines that any of the following applies,
the provisional ballot envelope shall not be opened, and the
ballot shall not be counted:
(i) The individual named on the affirmation is not qualified
or is not properly registered to vote.
(ii) The individual named on the affirmation is not eligible
to cast a ballot in the precinct or for the election in which the
individual cast the provisional ballot.
(iii) The Except as otherwise provided in division (B)(1) of
this section, the individual did not provide all of the
information required under division (B)(1) of this section in the
affirmation that the individual executed at the time the
individual cast the provisional ballot.
(iv) The individual has already cast a ballot for the
election in which the individual cast the provisional ballot.
(v) If applicable, the individual did not provide any
additional information required under division (B)(8) of section
3505.181 of the Revised Code within ten days after the day of the
election.
(vi) If applicable, the hearing conducted under division (B)
of section 3503.24 of the Revised Code after the day of the
election did not result in the individual's inclusion in the
official registration list.
(vii) The individual failed to provide a current and valid
photo identification, a military identification, a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document, other than a notice of an election
mailed by a board of elections under section 3501.19 of the
Revised Code or a notice of voter registration mailed by a board
of elections under section 3503.19 of the Revised Code, with the
voter's name and current address, or the last four digits of the
individual's social security number or to execute an affirmation
under division (A) of section 3505.18 or division (B) of section
3505.181 of the Revised Code. The elector cast a provisional
ballot under division (A)(2) of section 3505.181 of the Revised
Code and failed to provide the required identification under
division (A)(2)(a) of section 3505.18 of the Revised Code, failed
to provide the elector's social security number, driver's license
number, or state identification card number under division
(A)(2)(b) of that section, or could not be positively identified
because the elector's social security number, driver's license
number, or state identification card number did not match the
records maintained by the bureau of motor vehicles under that
division.
(b) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this
section, the board is unable to determine either of the following,
the provisional ballot envelope shall not be opened, and the
ballot shall not be counted:
(i) Whether the individual named on the affirmation is
qualified or properly registered to vote;
(ii) Whether the individual named on the affirmation is
eligible to cast a ballot in the precinct or for the election in
which the individual cast the provisional ballot.
(C)(1) For each provisional ballot rejected under division
(B)(4)(3) of this section, the board shall record the name of the
provisional voter who cast the ballot, the identification number
of the provisional ballot envelope, the names of the election
officials who determined the validity of that ballot, the date and
time that the determination was made, and the reason that the
ballot was not counted.
(2) Provisional ballots that are rejected under division
(B)(4)(3) of this section shall not be counted but shall be
preserved in their provisional ballot 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.
(D) Provisional ballots that the board determines are
eligible to be counted under division (B)(3)(2) of this section
shall be counted in the same manner as provided for other ballots
under section 3505.27 of the Revised Code. No provisional ballots
shall be counted in a particular county until the board determines
the eligibility to be counted of all provisional ballots cast in
that county under division (B) of this section for that election.
Observers, as provided in section 3505.21 of the Revised Code, may
be present at all times that the board is determining the
eligibility of provisional ballots to be counted and counting
those provisional ballots determined to be eligible. No person
shall recklessly disclose the count or any portion of the count of
provisional ballots in such a manner as to jeopardize the secrecy
of any individual ballot.
(E)(1) Except as otherwise provided in division (E)(2) of
this section, nothing Nothing in this section shall prevent a
board of elections from examining provisional ballot affirmations
and additional information under divisions (B)(1) and (2) of this
section to determine the eligibility of provisional ballots to be
counted during the ten days after the day of an election.
(2) A board of elections shall not examine the provisional
ballot affirmation and additional information under divisions
(B)(1) and (2) of this section of any provisional ballot for which
an election official has indicated under division (B)(7) of
section 3505.181 of the Revised Code that additional information
is required for the board of elections to determine the
eligibility of the individual who cast that provisional ballot
until the individual provides any information required under
division (B)(8) of section 3505.181 of the Revised Code, until any
hearing required to be conducted under section 3503.24 of the
Revised Code with regard to the provisional voter is held, or
until the eleventh day after the day of the election, whichever is
earlier.
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 The elector's photo identification or nonphoto state
identification card, or one of the following:
(1) The elector's driver's license number or state
identification card number; or
(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;
(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.
Each application for absent voter's ballots shall be
delivered to the director board 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.
A board of elections shall not mail any unsolicited
applications for absent voter's ballots. A board shall only mail
an absent voter's ballot application to an elector who has
requested such an application from the board. A board of elections
that mails an absent voter's ballot application to an elector
under this section shall not prepay the return postage for that
application.
Sec. 3509.031. (A) Any qualified elector who is a member of
the organized militia called to active duty within the state and
who will be unable to vote on election day on account of that
active duty may make written application for absent voter's
ballots to the director board of elections for the county in which
the elector's voting residence is located. The elector may
personally deliver the application to the director office of the
board or may mail it, send it by facsimile machine, or otherwise
send it to the director board. The application need not be in any
particular form but shall contain all of the following:
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One The elector's photo identification or nonphoto state
identification card, or one of the following:
(a) The elector's driver's license number or state
identification card number; or
(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;
(8) A statement that the elector is a member of the organized
militia serving on active duty within the state;
(9) If the request is for primary election ballots, the
elector's party affiliation;
(10) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(11) If the elector desires ballots to be sent to the elector
by facsimile machine, the telephone number to which they shall be
so sent.
(B) Application to have absent voter's ballots mailed or sent
by facsimile machine to a qualified elector who is a member of the
organized militia called to active duty within the state and who
will be unable to vote on election day on account of that active
duty may be made by the spouse of the militia member or the
father, mother, father-in-law, mother-in-law, grandfather,
grandmother, brother or sister of the whole blood or half blood,
son, daughter, adopting parent, adopted child, stepparent,
stepchild, uncle, aunt, nephew, or niece of the militia member.
The application shall be in writing upon a blank form furnished
only by the director board of elections. The form of the
application shall be prescribed by the secretary of state. The
director board shall furnish that blank form to any of the
relatives specified in this division desiring to make the
application, only upon the request of such a relative in person at
the office of the board or upon the written request of such a
relative mailed to the office of the board. The application,
subscribed and sworn to by the applicant, shall contain all of the
following:
(1) The full name of the elector for whom ballots are
requested;
(2) A statement that such person is a qualified elector in
the county;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number or state
identification card 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, or a copy of a military nonphoto state
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 card.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the elector is a member of the organized
militia serving on active duty within the state;
(8) If the request is for primary election ballots, the
elector's party affiliation;
(9) A statement that the applicant bears a relationship to
the elector as specified in division (B) of this section;
(10) The address to which ballots shall be mailed or
telephone number to which ballots shall be sent by facsimile
machine;
(11) The signature and address of the person making the
application.
(C) Applications to have absent voter's ballots mailed or
sent by facsimile machine shall not be valid if dated, postmarked,
or received by the director board prior to the ninetieth day
before the day of the election for which ballots are requested or
if delivered to the director board later than twelve noon of the
third day preceding the day of such election. If, after the
ninetieth day and before four p.m. of the day before the day of an
election, a valid application for absent voter's ballots is
delivered to the
director of elections at the office of the board
by a militia member making application in the militia member's own
behalf, the
director board shall forthwith deliver to the militia
member all absent voter's ballots then ready for use, together
with an identification envelope. The militia member shall then
vote the absent voter's ballots in the manner provided in section
3509.05 of the Revised Code.
(D) A board of elections shall not mail any unsolicited
applications for absent voter's ballots. A board shall only mail
an absent voter's ballot application to an elector who has
requested such an application from the board. A board of elections
that mails an absent voter's ballot application to an elector
under this section shall not prepay the return postage for that
application.
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 board
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 board of elections of an
application for absent voter's ballots that contains 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 board, if the director board 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 board shall deliver or mail with the ballots an
unsealed identification envelope upon the face of which shall be
printed a form substantially as follows:
"Identification Envelope Statement of Voter
I, ........................(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed in
the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which is in Ward ............... Precinct ................
in that city, village, or township.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained within this envelope are to be voted at the
.......... (general, special, or primary) election to be held on
the .......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's
license number).
My state identification card number is ............... (Ohio
identification card number).
The last four digits of my My Social Security Number are is
............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number, state
identification card number, or the last four digits of my Social
Security Number, I am enclosing a copy of one of the following my
photo identification or my nonphoto state identification card 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 board of elections 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. 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 board.
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
board 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, state identification card 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, or a
copy of a military
nonphoto state 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 card.
The elector shall mail the identification envelope to the
director board from whom which it was received in the return
envelope, postage prepaid, or the elector may personally deliver
it to the director office of the board, 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 board. The return envelope
shall be transmitted to the director board in no other manner,
except as provided in section 3509.08 of the Revised Code.
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 division (B) of this section,
all other envelopes containing marked absent voter's ballots shall
be delivered to the director board not later than the close of the
polls on the day of an election. Absent voter's ballots delivered
to the
director board 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 is postmarked prior to the
day of the election shall be delivered to the director board 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 board 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 (B)(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.
(C) Upon receipt of any return envelope prior to the eleventh
day after the day of any election, 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 board finds
ballots in it that are not enclosed in and properly sealed in the
identification envelope, the board 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 board finds that ballots are enclosed in
the identification envelope but that it is not properly sealed,
the board shall not look at the markings upon the ballots and
shall promptly seal the identification envelope.
Sec. 3509.08. (A) Any qualified elector, who, on account of
the elector's own personal illness, physical disability, or
infirmity, or on account of the elector's confinement in a jail or
workhouse under sentence for a misdemeanor or awaiting trial on a
felony or misdemeanor, will be unable to travel from the elector's
home or place of confinement to the voting booth in the elector's
precinct on the day of any general, special, or primary election
may make application in writing for an absent voter's ballot to
the director of the board of elections of the elector's county.
The application shall include all of the information required
under section 3509.03 of the Revised Code and shall state the
nature of the elector's illness, physical disability, or
infirmity, or the fact that the elector is confined in a jail or
workhouse and the elector's resultant inability to travel to the
election booth in the elector's precinct on election day. The
application shall not be valid if it is delivered to the director
board before the ninetieth day or after twelve noon of the third
day before the day of the election at which the ballot is to be
voted.
The absent voter's ballot may be mailed directly to the
applicant at the applicant's voting residence or place of
confinement as stated in the applicant's application, or the board
may designate two board employees belonging to the two major
political parties for the purpose of delivering the ballot to the
disabled or confined elector and returning it to the board, unless
the applicant is confined to a public or private institution
within the county, in which case the board shall designate two
board employees belonging to the two major political parties for
the purpose of delivering the ballot to the disabled or confined
elector and returning it to the board. In all other instances, the
ballot shall be returned to the office of the board in the manner
prescribed in section 3509.05 of the Revised Code.
Any disabled or confined elector who declares to the two
board employees belonging to the two major political parties that
the elector is unable to mark the elector's ballot by reason of
physical infirmity that is apparent to the employees to be
sufficient to incapacitate the voter from marking the elector's
ballot properly, may receive, upon request, the assistance of the
employees in marking the elector's ballot, and they shall
thereafter give no information in regard to this matter. Such
assistance shall not be rendered for any other cause.
When two board employees belonging to the two major political
parties deliver a ballot to a disabled or confined elector, each
of the employees shall be present when the ballot is delivered,
when assistance is given, and when the ballot is returned to the
office of the board, and shall subscribe to the declaration on the
identification envelope.
The secretary of state shall prescribe the form of
application for absent voter's ballots under this division.
This chapter applies to disabled and confined absent voter's
ballots except as otherwise provided in this section.
(B)(1) Any qualified elector who is unable to travel to the
voting booth in the elector's precinct on the day of any general,
special, or primary election may apply to the director of the
board of elections of the county where the elector is a qualified
elector to vote in the election by absent voter's ballot if either
of the following apply:
(a) The elector is confined in a hospital as a result of an
accident or unforeseeable medical emergency occurring before the
election;
(b) The elector's minor child is confined in a hospital as a
result of an accident or unforeseeable medical emergency occurring
before the election.
(2) The application authorized under division (B)(1) of this
section shall be made in writing, shall include all of the
information required under section 3509.03 of the Revised Code,
and shall be delivered to the director board not later than three
p.m. on the day of the election. The application shall indicate
the hospital where the applicant or the applicant's child is
confined, the date of the applicant's or the applicant's child's
admission to the hospital, and the offices for which the applicant
is qualified to vote. The applicant may also request that a member
of the applicant's family, as listed in section 3509.05 of the
Revised Code, deliver the absent voter's ballot to the applicant.
The director board, after establishing to the
director's board's
satisfaction the validity of the circumstances claimed by the
applicant, shall supply an absent voter's ballot to be delivered
to the applicant. When the applicant or the applicant's child is
in a hospital in the county where the applicant is a qualified
elector and no request is made for a member of the family to
deliver the ballot, the director board shall arrange for the
delivery of an absent voter's ballot to the applicant, and for its
return to the office of the board, by two board employees
belonging to the two major political parties according to the
procedures prescribed in division (A) of this section. When the
applicant or the applicant's child is in a hospital outside the
county where the applicant is a qualified elector and no request
is made for a member of the family to deliver the ballot, the
director board shall arrange for the delivery of an absent voter's
ballot to the applicant by mail, and the ballot shall be returned
to the office of the board in the manner prescribed in section
3509.05 of the Revised Code.
(3) Any qualified elector who is eligible to vote under
division (B) or (C) of section 3503.16 of the Revised Code but is
unable to do so because of the circumstances described in division
(B)(2) of this section may vote in accordance with division (B)(1)
of this section if that qualified elector states in the
application for absent voter's ballots that that qualified elector
moved or had a change of name under the circumstances described in
division (B) or (C) of section 3503.16 of the Revised Code and if
that qualified elector complies with divisions (G)(1) to (4) of
section 3503.16 of the Revised Code.
(C) Any qualified elector described in division (A) or (B)(1)
of this section who needs no assistance to vote or to return
absent voter's ballots to the board of elections may apply for
absent voter's ballots under section 3509.03 of the Revised Code
instead of applying for them under this section.
(D) Any qualified elector described in division (A) or (B)(1)
of this section to whom ballots are delivered by two employees of
the board of elections or who votes with the assistance of two
employees of the board of elections shall be considered to have
cast absent voter's ballots by mail, rather than in person, for
the purpose of the laws governing voter identification. Such an
elector may provide any of the types of identification acceptable
for mail-in absent voter's ballots to the election officials at
the time the ballots are delivered to the elector or at the time
the election officials assist the elector in marking the ballot,
as the case may be.
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. Uniformed services or
overseas absent voter's ballots may be obtained by any person
meeting the requirements of section 3511.01 of the Revised Code by
applying electronically to the secretary of state or to the board
of elections of the county in which the person's voting residence
is located in accordance with section 3511.021 of the Revised Code
or 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 board or may mail it, send it by facsimile machine, or
otherwise send it to the director board. 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 The elector's photo identification or nonphoto state
identification card, or one of the following:
(a) The elector's driver's license number or state
identification card number; or
(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;
(8) A statement that the elector is an absent uniformed
services voter or overseas 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,
immediately preceding the date of leaving to be with or near the
service member, or immediately preceding leaving the United
States, 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 uniformed services or overseas 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 uniformed services or
overseas absent voter's ballots for each election.
(C) Application to have uniformed services or overseas absent
voter's ballots mailed or sent by facsimile machine to such a
person may be made by the spouse, 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 board of elections 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 board 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 or overseas 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,
immediately preceding the date of leaving to be with or near a
service member, or immediately preceding leaving the United
States, 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 or state
identification card 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, or a copy of a military nonphoto state
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 card.
(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;
(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 uniformed services or overseas absent
voter's ballots shall be delivered to the director board not
earlier than the first day of January of the year of the elections
for which the uniformed services or overseas 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 board 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 uniformed services or overseas absent voter's ballots
sent by mail in an unsealed identification envelope, gummed ready
for sealing. The director board shall include with uniformed
services or overseas absent voter's ballots sent electronically,
including by facsimile machine, an instruction sheet for preparing
a gummed envelope in which the ballots shall be returned. The
envelope for returning ballots sent by either means shall have
printed or written on its face a form 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).
My state identification card number is ............... (Ohio
identification card number).
The last four digits of my My Social Security Number are is
............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number, state
identification card number, or the last four digits of my Social
Security Number, I am enclosing a copy of one of the following my
photo identification or my nonphoto state identification card 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 board 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 board. The
director board shall send with the ballots and the instruction
sheet for preparing a gummed envelope sent electronically,
including 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
board. 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 UNIFORMED SERVICES OR
OVERSEAS 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 board
to whom which 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 electronically, including by facsimile
machine.
Sec. 3511.09. Upon receiving uniformed services or overseas
absent voter's ballots, the elector shall cause the questions on
the face of the identification envelope to be answered, and, by
writing the elector's usual signature in the proper place on the
identification envelope, the elector shall declare under penalty
of election falsification that the answers to those questions are
true and correct to the best of the elector's knowledge and
belief. Then, the elector shall note whether there are any voting
marks on the ballot. If there are any voting marks, the ballot
shall be returned immediately to the board of elections;
otherwise, the elector shall cause the ballot to be marked, folded
separately so as to conceal the markings on it, deposited in the
identification envelope, and securely sealed in the identification
envelope. The elector then shall cause the identification envelope
to be placed within the return envelope, sealed in the return
envelope, and mailed to the director of the board of elections to
whom it is addressed, postage prepaid. If the elector does not
provide the elector's driver's license number, state
identification card 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, or a copy of a
military nonphoto state 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 card. Each elector who will be outside the
United States on the day of the election shall check the box on
the return envelope indicating this fact and shall mail the return
envelope to the
director board prior to the close of the polls on
election day.
Every uniformed services or overseas absent voter's ballot
identification envelope shall be accompanied by the following
statement in boldface capital letters: WHOEVER COMMITS ELECTION
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
Sec. 4507.50. (A) The registrar of motor vehicles or a
deputy registrar, upon receipt of an application filed in
compliance with section 4507.51 of the Revised Code by any person
who is a resident or a temporary resident of this state and,
except as otherwise provided in this section, is not licensed as
an operator of a motor vehicle in this state or another licensing
jurisdiction, and, except as provided in division divisions (B)
and (C) of this section, upon receipt of a fee of three dollars
and fifty cents, shall issue an identification card to that
person.
Any person who is a resident or temporary resident of this
state whose Ohio driver's or commercial driver's license has been
suspended or canceled, upon application in compliance with section
4507.51 of the Revised Code and, except as provided in division
(B) of this section, payment of a fee of three dollars and fifty
cents, may be issued a temporary identification card. The
temporary identification card shall be identical to an
identification card, except that it shall be printed on its face
with a statement that the card is valid during the effective dates
of the suspension or cancellation of the cardholder's license, or
until the birthday of the cardholder in the fourth year after the
date on which it is issued, whichever is shorter. The cardholder
shall surrender the identification card to the registrar or any
deputy registrar before the cardholder's driver's or commercial
driver's license is restored or reissued.
Except as provided in division divisions (B) and (C) of this
section, the deputy registrar shall be allowed a fee of two
dollars and seventy-five cents commencing on July 1, 2001, three
dollars and twenty-five cents commencing on January 1, 2003, and
three dollars and fifty cents commencing on January 1, 2004, for
each identification card issued under this section. The fee
allowed to the deputy registrar shall be in addition to the fee
for issuing an identification card.
Neither the registrar nor any deputy registrar shall charge a
fee in excess of one dollar and fifty cents for laminating an
identification card or temporary identification card. A deputy
registrar laminating such a card shall retain the entire amount of
the fee charged for lamination, less the actual cost to the
registrar of the laminating materials used for that lamination, as
specified in the contract executed by the bureau for the
laminating materials and laminating equipment. The deputy
registrar shall forward the amount of the cost of the laminating
materials to the registrar for deposit as provided in this
section.
The fee collected for issuing an identification card under
this section, except the fee allowed to the deputy registrar,
shall be paid into the state treasury to the credit of the state
bureau of motor vehicles fund created in section 4501.25 of the
Revised Code.
(B) A disabled veteran who has a service-connected disability
rated at one hundred per cent by the veterans' administration may
apply to the registrar or a deputy registrar for the issuance to
that veteran of an identification card or a temporary
identification card under this section without payment of any fee
prescribed in division (A) of this section, including any
lamination fee.
An application made under division (B) of this section shall
be accompanied by such documentary evidence of disability as the
registrar may require by rule.
(C) Not more frequently than once every four years, an
individual who does not have photo identification may apply to the
registrar or a deputy registrar for the issuance to that
individual of an identification card or a temporary identification
card under this section without payment of any fee.
The registrar shall issue photo identification to such an
individual without payment of any fee described in division (A) of
this section.
(D) The bureau of motor vehicles shall promulgate rules
permitting an individual with a religious objection to being
photographed to receive a state identification card issued without
a photograph under this section. Rules issued under this section
shall permit nonphoto state identification cards to be issued for
use as identification under Title XXXV of the Revised Code
sufficiently in advance of the February 7, 2012, special election
to allow those identification cards to be used as identification
for individuals casting a ballot at that election.
(E) The bureau of motor vehicles shall promulgate rules to
allow developmentally disabled individuals to apply for, and
receive, state identification cards onsite at the county boards of
developmental disabilities at regular intervals.
Section 2. That existing sections 3501.01, 3503.14, 3503.15,
3503.16, 3503.19, 3503.24, 3503.28, 3505.18, 3505.181, 3505.182,
3505.183, 3509.03, 3509.031, 3509.04, 3509.05, 3509.08, 3511.02,
3511.05, 3511.09, and 4507.50 of the Revised Code are hereby
repealed.
Section 3. It is the intent of the General Assembly that the
provisions of this bill prevail over any conflicting provisions of
legislation, including any conflicting provisions of H.B. 194 of
the 129th General Assembly, that may be enacted prior to July 1,
2011, for the purpose of determining the types of identification
that are acceptable for voting under Title XXXV of the Revised
Code.
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