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H. B. No. 194 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Mecklenborg, Blessing
A BILL
To amend sections 3.02, 302.09, 305.02, 503.24,
511.27, 733.31, 1545.21, 1901.10, 2301.02,
3501.01, 3501.02, 3501.05, 3501.10, 3503.14,
3503.15, 3503.16, 3503.19, 3505.18, 3505.181,
3505.182, 3505.183, 3505.21, 3505.28, 3506.05,
3509.01, 3509.02, 3509.03, 3509.031, 3509.04,
3511.09, 3511.10, 3513.12, 3513.262, and 3513.31
and to enact sections 3501.40, 3503.161, and
3506.021 of the Revised Code to revise the
Election Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 511.27, 1545.21, 3501.01, 3501.05,
3501.10, 3503.14, 3503.15, 3503.16, 3503.19, 3505.18, 3505.181,
3505.182, 3505.183, 3505.21, 3505.28, 3506.05, 3509.01, 3509.02,
3509.03, 3509.031, 3509.04, 3511.09, 3511.10, 3513.12, and
3513.262 be amended and sections 3501.40, 3503.161, and 3506.021
of the Revised Code be enacted to read as follows:
Sec. 511.27. (A) To defray the expenses of the township park
district and for purchasing, appropriating, operating,
maintaining, and improving lands for parks or recreational
purposes, the board of park commissioners may levy a sufficient
tax within the ten-mill limitation, not to exceed one mill on each
dollar of valuation on all real and personal property within the
township, and on all real and personal property within any
municipal corporation that is within the township, that was within
the township at the time that the park district was established,
or the boundaries of which are coterminous with or include the
township. The levy shall be over and above all other taxes and
limitations on such property authorized by law.
(B) Except as otherwise provided in division (C) of this
section, the board of park commissioners, not less than ninety
days before the day of the election, may declare by resolution
that the amount of taxes that may be raised within the ten-mill
limitation will be insufficient to provide an adequate amount for
the necessary requirements of the district and that it is
necessary to levy a tax in excess of that limitation for the use
of the district. The resolution shall specify the purpose for
which the taxes shall be used, the annual rate proposed, and the
number of consecutive years the levy will be in effect. Upon the
adoption of the resolution, the question of levying the taxes
shall be submitted to the electors of the township and the
electors of any municipal corporation that is within the township,
that was within the township at the time that the park district
was established, or the boundaries of which are coterminous with
or include the township, at a special election to be held on
whichever of the following occurs first:
(1) The day of the next ensuing general election;
(2) The first Tuesday after the first Monday in May of any
calendar year, except that, if a presidential day of the next
ensuing primary election is held in that calendar year, then the
day of that election.
The rate submitted to the electors at any one election shall
not exceed two mills annually upon each dollar of valuation. If a
majority of the electors voting upon the question of the levy vote
in favor of the levy, the tax shall be levied on all real and
personal property within the township and on all real and personal
property within any municipal corporation that is within the
township, that was within the township at the time that the park
district was established, or the boundaries of which are
coterminous with or include the township, and the levy shall be
over and above all other taxes and limitations on such property
authorized by law.
(C) In any township park district that contains only
unincorporated territory, if the township board of park
commissioners is appointed by the board of township trustees,
before a tax can be levied and certified to the county auditor
pursuant to section 5705.34 of the Revised Code or before a
resolution for a tax levy can be certified to the board of
elections pursuant to section 511.28 of the Revised Code, the
board of park commissioners shall receive approval for its levy
request from the board of township trustees. The board of park
commissioners shall adopt a resolution requesting the board of
township trustees to approve the levy request, stating the annual
rate of the proposed levy and the reason for the levy request. On
receiving this request, the board of township trustees shall vote
on whether to approve the request and, if a majority votes to
approve it, shall issue a resolution approving the levy at the
requested rate.
Sec. 1545.21. The board of park commissioners, by
resolution, may submit to the electors of the park district the
question of levying taxes for the use of the district. The
resolution shall declare the necessity of levying such taxes,
shall specify the purpose for which such taxes shall be used, the
annual rate proposed, and the number of consecutive years the rate
shall be levied. Such resolution shall be forthwith certified to
the board of elections in each county in which any part of such
district is located, not later than the ninetieth day before the
day of the election, and the question of the levy of taxes as
provided in such resolution shall be submitted to the electors of
the district at a special election to be held on whichever of the
following occurs first:
(A) The day of the next general election;
(B) The first Tuesday after the first Monday in May in any
calendar year, except that if a presidential day of the next
primary election is held in that calendar year, then the day of
that election. The
The ballot shall set forth the purpose for which the taxes
shall be levied, the annual rate of levy, and the number of years
of such levy. If the tax is to be placed on the current tax list,
the form of the ballot shall state that the tax will be levied in
the current tax year and shall indicate the first calendar year
the tax will be due. If the resolution of the board of park
commissioners provides that an existing levy will be canceled upon
the passage of the new levy, the ballot may include a statement
that: "an existing levy of ... mills (stating the original levy
millage), having ... years remaining, will be canceled and
replaced upon the passage of this levy." In such case, the ballot
may refer to the new levy as a "replacement levy" if the new
millage does not exceed the original millage of the levy being
canceled or as a "replacement and additional levy" if the new
millage exceeds the original millage of the levy being canceled.
If a majority of the electors voting upon the question of such
levy vote in favor thereof, such taxes shall be levied and shall
be in addition to the taxes authorized by section 1545.20 of the
Revised Code, and all other taxes authorized by law. The rate
submitted to the electors at any one time shall not exceed two
mills annually upon each dollar of valuation. When a tax levy has
been authorized as provided in this section or in section 1545.041
of the Revised Code, the board of park commissioners may issue
bonds pursuant to section 133.24 of the Revised Code in
anticipation of the collection of such levy, provided that such
bonds shall be issued only for the purpose of acquiring and
improving lands. Such levy, when collected, shall be applied in
payment of the bonds so issued and the interest thereon. The
amount of bonds so issued and outstanding at any time shall not
exceed one per cent of the total tax valuation in such district.
Such bonds shall bear interest at a rate not to exceed the rate
determined as provided in section 9.95 of the Revised Code.
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;
(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 the name of the individual to whom it was
issued, which shall conform to the name in the poll list or
signature pollbook.
(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 a photograph of the individual to whom it was
issued.
(4) It includes an expiration date that has not passed.
(5) It was issued by the government of the United States or
this state.
Sec. 3501.05. The secretary of state shall do all of the
following:
(A) Appoint all members of boards of elections;
(B) Issue instructions by directives and advisories in
accordance with section 3501.053 of the Revised Code to members of
the boards as to the proper methods of conducting elections.
(C) Prepare rules and instructions for the conduct of
elections;
(D) Publish and furnish to the boards from time to time a
sufficient number of indexed copies of all election laws then in
force;
(E) Edit and issue all pamphlets concerning proposed laws or
amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards, blanks, and
records;
(G) Determine and prescribe the forms of ballots and the
forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and forms and blanks required by
law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on the
ballot for any proposed law or amendment to the constitution to be
submitted to the voters of the state;
(I) Except as otherwise provided in section 3519.08 of the
Revised Code, certify to the several boards the forms of ballots
and names of candidates for state offices, and the form and
wording of state referendum questions and issues, as they shall
appear on the ballot;
(J) Except as otherwise provided in division (I)(2)(b) of
section 3501.38 of the Revised Code, give final approval to ballot
language for any local question or issue approved and transmitted
by boards of elections under section 3501.11 of the Revised Code;
(K) Receive all initiative and referendum petitions on state
questions and issues and determine and certify to the sufficiency
of those petitions;
(L) Require such reports from the several boards as are
provided by law, or as the secretary of state considers necessary;
(M) Compel the observance by election officers in the several
counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of
this section, investigate the administration of election laws,
frauds, and irregularities in elections in any county, and report
violations of election laws to the attorney general or prosecuting
attorney, or both, for prosecution;
(2) On and after August 24, 1995, report a failure to comply
with or a violation of a provision in sections 3517.08 to 3517.13,
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the
Revised Code, whenever the secretary of state has or should have
knowledge of a failure to comply with or a violation of a
provision in one of those sections, by filing a complaint with the
Ohio elections commission under section 3517.153 of the Revised
Code;.
(O) Make an annual report to the governor containing the
results of elections, the cost of elections in the various
counties, a tabulation of the votes in the several political
subdivisions, and other information and recommendations relative
to elections the secretary of state considers desirable;
(P) Prescribe and distribute to boards of elections a list of
instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32 to
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Adopt rules pursuant to Chapter 119. of the Revised Code
for the removal by boards of elections of ineligible voters from
the statewide voter registration database and, if applicable, from
the poll list or signature pollbook used in each precinct, which
rules shall provide for all of the following:
(1) A process for the removal of voters who have changed
residence, which shall be uniform, nondiscriminatory, and in
compliance with the Voting Rights Act of 1965 and the National
Voter Registration Act of 1993, including a program that uses the
national change of address service provided by the United States
postal system through its licensees;
(2) A process for the removal of ineligible voters under
section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of a
voter who is ineligible to vote from the statewide voter
registration database and, if applicable, from the poll list or
signature pollbook used in each precinct and noting the reason for
that mark or removal.
(R) Prescribe a general program for registering voters or
updating voter registration information, such as name and
residence changes, by boards of elections, designated agencies,
offices of deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers consistent with the requirements of section
3503.09 of the Revised Code;
(S) Prescribe a program of distribution of voter registration
forms through boards of elections, designated agencies, offices of
the registrar and deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers;
(T) To the extent feasible, provide copies, at no cost and
upon request, of the voter registration form in post offices in
this state;
(U) Adopt rules pursuant to section 111.15 of the Revised
Code for the purpose of implementing the program for registering
voters through boards of elections, designated agencies, and the
offices of the registrar and deputy registrars of motor vehicles
consistent with this chapter;
(V) Establish the full-time position of Americans with
Disabilities Act coordinator within the office of the secretary of
state to do all of the following:
(1) Assist the secretary of state with ensuring that there is
equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each
voter may cast the voter's ballot in a manner that provides the
same opportunity for access and participation, including privacy
and independence, as for other voters;
(3) Advise the secretary of state in the development of
standards for the certification of voting machines, marking
devices, and automatic tabulating equipment.
(W) Establish and maintain a computerized statewide database
of all legally registered voters under section 3503.15 of the
Revised Code that complies with the requirements of the "Help
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,
and provide training in the operation of that system;
(X) Ensure that all directives, advisories, other
instructions, or decisions issued or made during or as a result of
any conference or teleconference call with a board of elections to
discuss the proper methods and procedures for conducting
elections, to answer questions regarding elections, or to discuss
the interpretation of directives, advisories, or other
instructions issued by the secretary of state are posted on a web
site of the office of the secretary of state as soon as is
practicable after the completion of the conference or
teleconference call, but not later than the close of business on
the same day as the conference or teleconference call takes place.
(Y) Publish a report on a web site of the office of the
secretary of state not later than one month after the completion
of the canvass of the election returns for each primary and
general election, identifying, by county, the number of absent
voter's ballots cast and the number of those ballots that were
counted, and the number of provisional ballots cast and the number
of those ballots that were counted, for that election. The
secretary of state shall maintain the information on the web site
in an archive format for each subsequent election.
(Z) Conduct voter education outlining voter identification,
absent voters ballot, provisional ballot, and other voting
requirements;
(AA) Establish a procedure by which a registered elector may
make available to a board of elections a more recent signature to
be used in the poll list or signature pollbook produced by the
board of elections of the county in which the elector resides;
(BB) Disseminate information, which may include all or part
of the official explanations and arguments, by means of direct
mail or other written publication, broadcast, or other means or
combination of means, as directed by the Ohio ballot board under
division (F) of section 3505.062 of the Revised Code, in order to
inform the voters as fully as possible concerning each proposed
constitutional amendment, proposed law, or referendum;
(CC) Be the single state office responsible for the
implementation of the "Uniformed and Overseas Citizens Absentee
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,
et seq., as amended, in this state. The secretary of state may
delegate to the boards of elections responsibilities for the
implementation of that act, including responsibilities arising
from amendments to that act made by the "Military and Overseas
Voter Empowerment Act," Subtitle H of the National Defense
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123
Stat. 3190.
(DD) Perform other duties required by law.
Whenever a primary election is held under section 3513.32 of
the Revised Code or a special election is held under section
3521.03 of the Revised Code to fill a vacancy in the office of
representative to congress, the secretary of state shall establish
a deadline, notwithstanding any other deadline required under the
Revised Code, by which any or all of the following shall occur:
the filing of a declaration of candidacy and petitions or a
statement of candidacy and nominating petition together with the
applicable filing fee; the filing of protests against the
candidacy of any person filing a declaration of candidacy or
nominating petition; the filing of a declaration of intent to be a
write-in candidate; the filing of campaign finance reports; the
preparation of, and the making of corrections or challenges to,
precinct voter registration lists; the receipt of applications for
absent voter's ballots or armed service uniformed services or
overseas absent voter's ballots; the supplying of election
materials to precincts by boards of elections; the holding of
hearings by boards of elections to consider challenges to the
right of a person to appear on a voter registration list; and the
scheduling of programs to instruct or reinstruct election
officers.
In the performance of the secretary of state's duties as the
chief election officer, the secretary of state may administer
oaths, issue subpoenas, summon witnesses, compel the production of
books, papers, records, and other evidence, and fix the time and
place for hearing any matters relating to the administration and
enforcement of the election laws.
In any controversy involving or arising out of the adoption
of registration or the appropriation of funds for registration,
the secretary of state may, through the attorney general, bring an
action in the name of the state in the court of common pleas of
the county where the cause of action arose or in an adjoining
county, to adjudicate the question.
In any action involving the laws in Title XXXV of the Revised
Code wherein the interpretation of those laws is in issue in such
a manner that the result of the action will affect the lawful
duties of the secretary of state or of any board of elections, the
secretary of state may, on the secretary of state's motion, be
made a party.
The secretary of state may apply to any court that is hearing
a case in which the secretary of state is a party, for a change of
venue as a substantive right, and the change of venue shall be
allowed, and the case removed to the court of common pleas of an
adjoining county named in the application or, if there are cases
pending in more than one jurisdiction that involve the same or
similar issues, the court of common pleas of Franklin county.
Public high schools and vocational schools, public libraries,
and the office of a county treasurer shall implement voter
registration programs as directed by the secretary of state
pursuant to this section.
Sec. 3501.10. (A) The board of elections shall, as an
expense of the board, provide suitable rooms for its offices and
records and the necessary and proper furniture and supplies for
those rooms. The board may lease such offices and rooms, necessary
to its operation, for the length of time and upon the terms the
board deems in the best interests of the public, provided that the
term of any such lease shall not exceed fifteen years.
Thirty days prior to entering into such a lease, the board
shall notify the board of county commissioners in writing of its
intent to enter into the lease. The notice shall specify the terms
and conditions of the lease. Prior to the thirtieth day after
receiving that notice and before any lease is entered into, the
board of county commissioners may reject the proposed lease by a
majority vote. After receiving written notification of the
rejection by the board of county commissioners, the board of
elections shall not enter into the lease that was rejected, but
may immediately enter into additional lease negotiations, subject
to the requirements of this section.
The board of elections in any county may, by resolution,
request that the board of county commissioners submit to the
electors of the county, in accordance with section 133.18 of the
Revised Code, the question of issuing bonds for the acquisition of
real estate and the construction on it of a suitable building with
necessary furniture and equipment for the proper administration of
the duties of the board of elections. The resolution declaring the
necessity for issuing such bonds shall relate only to the
acquisition of real estate and to the construction, furnishing,
and equipping of a building as provided in this division.
(B) The board of elections in each county shall keep its
offices, or one or more of its branch registration offices, open
for the performance of its duties until nine p.m. on the last day
of registration before a general or primary election. At all other
times during each week, the board shall keep its offices and rooms
open for a period of time that the board considers necessary for
the performance of its duties.
(C) The board of elections may maintain permanent or
temporary branch offices at any place within the county, provided
that, if the board of elections permits shall not permit electors
to vote at a branch office, electors shall not be permitted to
vote at any other branch office or any other office of the board
of elections.
Sec. 3501.40. In any administrative review of, or legal
proceeding regarding, the actions of any election official under
Title XXXV of the Revised Code, all of the following shall apply:
(A) No election official shall be presumed to have committed
any error in the course of the election official's duties, unless
that error shall be independently proven by the facts of the
administrative review or legal proceeding.
(B) If an election official has been found to have committed
an error with respect to a particular person or set of
circumstances, that election official shall not be presumed to
have committed an error with respect to any other person or set of
circumstances.
(C) If election officials in one precinct, polling location,
or county are found to have committed an error with respect to a
particular person or set of circumstances, that error shall not be
presumed to have occurred in any other precinct, polling location,
or county.
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, 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 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 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) 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. 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.
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.
(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, 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.
(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 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, 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 appears on
the day of the election at either of the following locations:
(i) The polling place in the precinct in which that
registered elector resides;
(ii) The office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections.
(b) Completes and signs, under penalty of election
falsification, a notice of change of residence or change of name,
whichever is appropriate, and files it with election officials at
the polling place, or 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 or at the office of the board of
elections, or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated another location in the
county at which registered electors may vote, at that other
location instead of the office of the board of elections,
whichever is appropriate, using the address to which that
registered elector has moved or the name of that registered
elector as changed, whichever is appropriate;
(d) Completes and signs, under penalty of election
falsification, a statement attesting that that registered elector
moved or had a change of name, whichever is appropriate, on or
prior to the day of the election, has voted a provisional ballot
at the polling place in the precinct in which that registered
elector resides, or at the office of the board of elections, or,
if pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location in the county at which
registered electors may vote, at that other location instead of
the office of the board of elections, whichever is appropriate,
and will not vote or attempt to vote at any other location for
that particular election. The statement required under division
(B)(2)(d) of this section shall be included on the notice of
change of residence or change of name, whichever is appropriate,
required under division (B)(2)(b) of this section.
(C) Any registered elector who moves from one county to
another county within the state 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) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections, appears during regular business hours on
the Monday prior to the election at the office of the board of
elections or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated another location in the
county at which registered electors may vote, at that other
location instead of the office of the board of elections, or
appears on the day of the election at the 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, a notice of change of residence or change of name,
whichever is appropriate, and files it with election officials at
the board of elections or, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated another
location in the county at which registered electors may vote, at
that other location instead of the office of the board of
elections;
(3) Votes a provisional ballot under section 3505.181 of the
Revised Code at the polling place in which the registered elector
resides or at the office of the board of elections or, if pursuant
to division (C) of section 3501.10 of the Revised Code the board
has designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections, using the address to which that registered
elector has moved 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) of section 3501.10 of the Revised Code the board
has designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections, and will not vote or attempt to vote at
any other location for that particular election. The statement
required under division (C)(4) of this section shall be included
on the notice of change of residence required under division
(C)(2) of this section.
(D) A person who votes by absent voter's 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) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location, on account of personal
illness, physical disability, or infirmity, may vote on the day of
the election if that registered elector does all of the following:
(1) Makes a written application that includes all of the
information required under section 3509.03 of the Revised Code to
the appropriate board for an absent voter's ballot on or after the
twenty-seventh twenty-first day prior to the election in which the
registered elector wishes to vote through noon of the Saturday
prior to that election and requests that the absent voter's 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. 3503.161. The secretary of state, by rule, shall
establish a secure online process to allow registered voters who
have changed their place of residence to update their voter
registration through the internet. The rules shall provide for all
of the following:
(A) A registered elector to update the elector's residential
address information with the secretary of state online through the
internet;
(B) The elector's residential address information to be
updated in the statewide voter registration database, if all of
the following apply:
(1) The online change of residence form contains all of the
required information;
(2) The elector is currently registered to vote in this
state; and
(3) The elector's name, new residence address, birthdate, and
other information contained on the change of residence form
matches the same information in the records of the bureau of motor
vehicles regarding the elector.
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 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 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 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
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 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 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 by signing an
affirmation swearing to the voter's identity 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
identification 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. 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 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. 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 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.
(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, 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
that reason. 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 the elector to complete all of the
following:
(b) The elector's address;
(c) The current date last four digits of the elector's social
security number or the elector's Ohio driver's license number or
state identification card number;
(d) The elector's date of birth;
(e) The elector's signature.
(5)(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, and if the elector declines to execute an
affirmation under division (A)(4)(3) 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 but the ballot will not be counted.
(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 is unable to provide to the
election officials any of the forms of identification required
under division (A)(1) of section 3505.18 of the Revised Code and
who has a social security number but is unable to provide the last
four digits of the individual's social security number as
permitted under division (A)(2) of that section;
(4)(3) 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 executes an affirmation as
permitted under division (A)(3) of that section or declines to
execute an affirmation under division (A)(4) of that section;
(5)(4) 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)(5) 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)(6) 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)(7) 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)(8) 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)(9) 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)(10) 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 (11) 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.
(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)(5) If an individual casts a provisional ballot pursuant
to division (A)(3), (7), (8), (12), or (13)(7) 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 direct the individual to the polling
place for the jurisdiction in which the individual appears to be
eligible to vote, explain that the individual may cast a
provisional ballot at the current location but the ballot will not
be counted if it is cast in the wrong precinct, and provide the
telephone number of the board of elections in case the individual
has additional questions.
(2) If the 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.
(D) The appropriate local election official shall cause
voting information to be publicly posted at each polling place on
the day of each election.
(E) As used in this section and sections 3505.182 and
3505.183 of the Revised Code:
(1) "Jurisdiction" means the precinct in which a person is a
legally qualified elector.
(2) "Precinct voting location guide" means either of the
following:
(a) An electronic or paper record that lists the correct
jurisdiction and polling place for either each specific
residential street address in the county or the range of
residential street addresses located in each neighborhood block in
the county;
(b) Any other method that a board of elections creates that
allows a precinct election official or any elector who is at a
polling place in that county to determine the correct jurisdiction
and polling place of any qualified elector who resides in the
county.
(3) "Voting information" means all of the following:
(a) A sample version of the ballot that will be used for that
election;
(b) Information regarding the date of the election and the
hours during which polling places will be open;
(c) Instructions on how to vote, including how to cast a vote
and how to cast a provisional ballot;
(d) Instructions for mail-in registrants and first-time
voters under applicable federal and state laws;
(e) General information on voting rights under applicable
federal and state laws, including information on the right of an
individual to cast a provisional ballot and instructions on how to
contact the appropriate officials if these rights are alleged to
have been violated;
(f) General information on federal and state laws regarding
prohibitions against acts of fraud and misrepresentation.
Sec. 3505.182. Each individual who casts a provisional
ballot under section 3505.181 of the Revised Code shall execute a
written affirmation. The 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) |
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.) |
Reason for voting provisional ballot (Check one): |
..... Requested, but did not receive, absent voter's ballot |
..... Other |
Verification Statement
(To be completed by election official)
The Provisional Ballot Affirmation printed above was
subscribed and affirmed before me this .......... day of
.......... (Month), .......... (Year).
(If applicable, the election official must check the
following true statement concerning additional information needed
to determine the eligibility of the provisional voter.)
...... The provisional voter is required to provide
additional information to the board of elections.
...... An application or challenge hearing regarding this
voter has been postponed until after the election.
(The election official must check the following true
statement concerning identification provided by the provisional
voter, if any.)
...... The provisional voter provided a current and valid
photo identification.
...... The provisional voter provided a current valid photo
identification, other than a driver's license or a state
identification card, with the voter's former address instead of
current address and has provided the election official both the
current and former addresses.
...... The provisional voter provided a military
identification 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)" |
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 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) The last four digits of the individual's social security
number, the individual's driver's license number or state
identification card number, or an affirmative notation that the
individual provided the required identification under division
(A)(1) of section 3505.18 of the Revised Code;
(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.
(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 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.
(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 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)(5) 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 an
application or challenge hearing has been postponed, 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. 3505.21. (A) As used in this section, "during the
casting of the ballots" includes any time during which a board of
elections permits an elector to vote an absent voter's ballot in
person at the office of the board and any time ballots may be cast
in a precinct polling place on the day of an election.
(B) At any primary, special, or general election, any
political party supporting candidates to be voted upon at such
election and any group of five or more candidates may appoint to
the board of elections or to any of the precincts in the county or
city one person, a qualified elector, who shall serve as observer
for such party or such candidates during the casting of the
ballots and during the counting of the ballots; provided that
separate observers may be appointed to serve during the casting
and during the counting of the ballots. No candidate, no uniformed
peace officer as defined by section 2935.01 of the Revised Code,
no uniformed state highway patrol trooper, no uniformed member of
any fire department, no uniformed member of the armed services, no
uniformed member of the organized militia, no person wearing any
other uniform, and no person carrying a firearm or other deadly
weapon shall serve as an observer, nor shall any candidate be
represented by more than one observer at any one precinct at the
board of elections except that a candidate who is a member of a
party controlling committee, as defined in section 3517.03 of the
Revised Code, may serve as an observer. Any
(C) Any political party or group of candidates appointing
observers shall notify the board of elections of the names and
addresses of its appointees and the precincts at which they shall
serve or that they will serve at the board of elections.
Notification of observers appointed to serve on the day of an
election shall take place not less than eleven days before the day
of the election on forms prescribed by the secretary of state and
may be amended by filing an amendment with the board of elections
at any time until four p.m. of the day before the election.
Notification of observers appointed to serve at the office of the
board during the time absent voter's ballots may be cast in person
shall take place not less than eleven days before absent voter's
ballots are required to be ready for use pursuant to division
(B)(3) of section 3509.01 of the Revised Code on forms prescribed
by the secretary of state and may be amended by filing an
amendment with the board of elections at any time until four p.m.
of the day before the observer is appointed to serve. The observer
serving on behalf of a political party shall be appointed in
writing by the chairperson and secretary of the respective
controlling party committee. Observers serving for any five or
more candidates shall have their certificates signed by those
candidates. Observers appointed to a precinct may file their
certificates of appointment with the presiding judge of the
precinct at the meeting on the evening prior to the election, or
with the presiding judge of the precinct on the day of the
election. Upon Observers appointed to the office of the board to
observe the casting of absent voter's ballots in person prior to
the day of the election may file their certificates with the
director of the board of elections the day before or on the day
that the observers are scheduled to serve at the office of the
board.
Upon the filing of a certificate, the person named as
observer in the certificate shall be permitted to be in and about
the applicable polling place for the precinct during the casting
of the ballots and shall be permitted to watch every proceeding of
the judges of elections from the time of the opening until the
closing of the polls. The observer also may inspect the counting
of all ballots in the polling place or board of elections from the
time of the closing of the polls until the counting is completed
and the final returns are certified and signed. Observers
appointed to serve at the board of elections on the day of an
election under this section may observe at the board of elections
and may observe at any precinct in the county. The judges of
elections shall protect such observers in all of the rights and
privileges granted to them by Title XXXV of the Revised Code.
(D) No persons other than the judges of elections, the
observers, a police officer, other persons who are detailed to any
precinct on request of the board of elections, or the secretary of
state or the secretary of state's legal representative shall be
admitted to the polling place, or any room in which a board of
elections is counting ballots, after the closing of the polls
until the counting, certifying, and signing of the final returns
of each election have been completed.
(E) Not later than four p.m. of the twentieth day prior to an
election at which questions are to be submitted to a vote of the
people, any committee that in good faith advocates or opposes a
measure may file a petition with the board of any county asking
that the petitioners be recognized as the committee entitled to
appoint observers to the count at the election. If more than one
committee alleging themselves to advocate or oppose the same
measure file such a petition, the board shall decide and announce
by registered mail to each committee not less than twelve days
immediately preceding the election which committee is recognized
as being entitled to appoint observers. The decision shall not be
final, but any aggrieved party may institute mandamus proceedings
in the court of common pleas of the county in which the board has
jurisdiction to compel the judges of elections to accept the
appointees of such aggrieved party. Any such recognized committee
may appoint an observer to the count in each precinct. Committees
appointing observers shall notify the board of elections of the
names and addresses of its appointees and the precincts at which
they shall serve. Notification shall take place not less than
eleven days before the election on forms prescribed by the
secretary of state and may be amended by filing an amendment with
the board of elections at any time until four p.m. on the day
before the election. A person so appointed shall file the person's
certificate of appointment with the presiding judge in the
precinct in which the person has been appointed to serve.
Observers shall file their certificates before the polls are
closed. In no case shall more than six observers be appointed for
any one election in any one precinct. If more than three questions
are to be voted on, the committees which have appointed observers
may agree upon not to exceed six observers, and the judges of
elections shall appoint such observers. If such committees fail to
agree, the judges of elections shall appoint six observers from
the appointees so certified, in such manner that each side of the
several questions shall be represented.
(F) No person shall serve as an observer at any precinct or
at the board of elections unless the board of elections of the
county in which such observer is to serve has first been notified
of the name, address, and precinct location at which such observer
is to serve. Notification to the board of elections shall be given
by the political party, group of candidates, or committee
appointing such observer as prescribed in this section. No such
observers shall receive any compensation from the county,
municipal corporation, or township, and they shall take the
following oath, to be administered by one of the judges of
elections:
"You do solemnly swear that you will faithfully and
impartially discharge the duties as an official observer, assigned
by law; that you will not cause any delay to persons offering to
vote; and that you will not disclose or communicate to any person
how any elector has voted at such election.
(G)(1) An observer who serves during the casting of the
ballots shall only be permitted to do the following:
(a) Watch and listen to the activities conducted by the
precinct election officials and the interactions between precinct
election officials and voters, as long as the precinct election
officials are not delayed in performing the officials' prescribed
duties and voters are not delayed in casting their ballots;
(b) Make notes on the observer's observations other than by
means of a photographic, video, or audio recording.
(2)(a) No observer who serves during the casting of the
ballots shall interact with any precinct election official or with
any voter while the observer is inside the polling place, within
the area between the polling place and the small flags of the
United States placed on the thoroughfares and walkways leading to
the polling place, or within ten feet of any elector in line
waiting to vote, if the line of electors waiting to vote extends
beyond those small flags.
(b) An observer does not violate division (G)(2)(a) of this
section as a result of an incidental interaction with a voter or a
precinct election official, such as an exchange of greetings.
Sec. 3505.28. No ballot shall be counted which is marked
contrary to law, except that no ballot shall be rejected for any
technical error unless it is impossible to determine the voter's
choice. If
A ballot is marked contrary to law and does not contain a
technical error if the voter marks more selections for a
particular office, question, or issue than the number of
selections that the voter is allowed by law to make for that
office, question, or issue. A voter makes more selections for a
particular office than the voter is allowed by law to make for
that office if the voter marks the ballot for a candidate and also
writes in the name of that candidate as a write-in vote. The
voter's ballot shall be invalidated for that office, question, or
issue, but shall not be invalidated for any other office,
question, or issue for which the voter has not marked an excess
number of selections.
If two or more ballots are found folded together among the
ballots removed from a ballot box, they shall be deemed to be
fraudulent. Such ballots shall not be counted. They shall be
marked "Fraudulent" and shall be placed in an envelope indorsed
"Not Counted" with the reasons therefor, and such envelope shall
be delivered to the board of elections together with other
uncounted ballots.
No ballot shall be rejected because of being marked with ink
or by any writing instrument other than one of the pencils
provided by the board of elections.
Sec. 3506.021. (A) A board of elections may adopt the use of
any electronic pollbook that has been certified for use in this
state in accordance with section 3506.05 of the Revised Code,
instead of using poll lists or signature pollbooks. A board of
elections that opts to use electronic pollbooks shall notify the
secretary of state of that decision.
(B) The secretary of state shall provide each board of
elections that adopts the use of electronic pollbooks under
division (A) of this section with rules, instructions, directives,
and advisories regarding the examination, testing, and use of
electronic pollbooks, including rules regarding the sealing of the
information in those pollbooks as required under section 3505.31
of the Revised Code.
(C) As used in this section, "electronic pollbook" has the
same meaning as in section 3506.05 of the Revised Code.
Sec. 3506.05. (A) As used in this section, except:
(1) "Electronic pollbook" means an electronic list of
registered voters for a particular precinct or polling location
that may be transported to a polling location;
(2) Except when used as part of the phrase "tabulating
equipment" or "automatic tabulating equipment,":
(1) "Equipment" "equipment" means a voting machine, marking
device, automatic tabulating equipment, or software, or an
electronic pollbook.
(2)(3) "Vendor" means the person that owns, manufactures,
distributes, or has the legal right to control the use of
equipment, or the person's agent.
(B) No voting machine, marking device, automatic tabulating
equipment, or software for the purpose of casting or tabulating
votes or for communications among systems involved in the
tabulation, storage, or casting of votes, and no electronic
pollbook, shall be purchased, leased, put in use, or continued to
be used, except for experimental use as provided in division (B)
of section 3506.04 of the Revised Code, unless it, a manual of
procedures governing its use, and training materials, service, and
other support arrangements have been certified by the secretary of
state and unless the board of elections of each county where the
equipment will be used has assured that a demonstration of the use
of the equipment has been made available to all interested
electors. The secretary of state shall appoint a board of voting
machine examiners to examine and approve equipment and its related
manuals and support arrangements. The board shall consist of four
members, who shall be appointed as follows:
(1) Two members appointed by the secretary of state.
(2) One member appointed by either the speaker of the house
of representatives or the minority leader of the house of
representatives, whichever is a member of the opposite political
party from the one to which the secretary of state belongs.
(3) One member appointed by either the president of the
senate or the minority leader of the senate, whichever is a member
of the opposite political party from the one to which the
secretary of state belongs.
In all cases of a tie vote or a disagreement in the board, if
no decision can be arrived at, the board shall submit the matter
in controversy to the secretary of state, who shall summarily
decide the question, and the secretary of state's decision shall
be final. Each member of the board shall be a competent and
experienced election officer or a person who is knowledgeable
about the operation of voting equipment and shall serve during the
secretary of state's term. Any vacancy on the board shall be
filled in the same manner as the original appointment. The
secretary of state shall provide staffing assistance to the board,
at the board's request.
For the member's service, each member of the board shall
receive three hundred dollars per day for each combination of
marking device, tabulating equipment, and voting machine, and
electronic pollbook examined and reported, but in no event shall a
member receive more than six hundred dollars to examine and report
on any one marking device, item of tabulating equipment, or voting
machine, or electronic pollbook. Each member of the board shall be
reimbursed for expenses the member incurs during an examination or
during the performance of any related duties that may be required
by the secretary of state. Reimbursement of these expenses shall
be made in accordance with, and shall not exceed, the rates
provided for under section 126.31 of the Revised Code.
Neither the secretary of state nor the board, nor any public
officer who participates in the authorization, examination,
testing, or purchase of equipment, shall have any pecuniary
interest in the equipment or any affiliation with the vendor.
(C)(1) A vendor who desires to have the secretary of state
certify equipment shall first submit the equipment, all current
related procedural manuals, and a current description of all
related support arrangements to the board of voting machine
examiners for examination, testing, and approval. The submission
shall be accompanied by a fee of eighteen hundred dollars and a
detailed explanation of the construction and method of operation
of the equipment, a full statement of its advantages, and a list
of the patents and copyrights used in operations essential to the
processes of vote recording and tabulating, vote storage, system
security, pollbook storage and security, and other crucial
operations of the equipment as may be determined by the board. An
additional fee, in an amount to be set by rules promulgated by the
board, may be imposed to pay for the costs of alternative testing
or testing by persons other than board members, record-keeping,
and other extraordinary costs incurred in the examination process.
Moneys not used shall be returned to the person or entity
submitting the equipment for examination.
(2) Fees collected by the secretary of state under this
section shall be deposited into the state treasury to the credit
of the board of voting machine examiners fund, which is hereby
created. All moneys credited to this fund shall be used solely for
the purpose of paying for the services and expenses of each member
of the board or for other expenses incurred relating to the
examination, testing, reporting, or certification of voting
machine devices equipment, the performance of any related duties
as required by the secretary of state, or the reimbursement of any
person submitting an examination fee as provided in this chapter.
(D) Within sixty days after the submission of the equipment
and payment of the fee, or as soon thereafter as is reasonably
practicable, but in any event within not more than ninety days
after the submission and payment, the board of voting machine
examiners shall examine the equipment and file with the secretary
of state a written report on the equipment with its
recommendations and, if applicable, its determination or condition
of approval regarding whether the equipment, manual, and other
related materials or arrangements meet the criteria set forth in
sections 3506.07 and 3506.10 of the Revised Code and can be safely
used by the voters at elections under the conditions prescribed in
Title XXXV of the Revised Code, or a written statement of reasons
for which testing requires a longer period. The board may grant
temporary approval for the purpose of allowing experimental use of
equipment. If the board finds that the equipment meets the any
applicable criteria set forth in sections 3506.06, 3506.07, and
3506.10 of the Revised Code, can be used safely and, if
applicable, can be depended upon to record and count accurately
and continuously the votes of electors, and has the capacity to be
warranted, maintained, and serviced, it shall approve the
equipment and recommend that the secretary of state certify the
equipment. The secretary of state shall notify all boards of
elections of any such certification. Equipment of the same model
and make, if it provides for recording of voter intent, system
security, voter privacy, retention of vote, and communication of
voting records operates in an identical manner, may then be
adopted for use at elections.
(E) The vendor shall notify the secretary of state, who shall
then notify the board of voting machine examiners, of any
enhancement and any significant adjustment to the hardware or
software that could result in a patent or copyright change or that
significantly alters the methods of recording voter intent, system
security, voter privacy, retention of the vote, communication of
voting records, and connections between the system and other
systems. The vendor shall provide the secretary of state with an
updated operations manual for the equipment, and the secretary of
state shall forward the manual to the board. Upon receiving such a
notification and manual, the board may require the vendor to
submit the equipment to an examination and test in order for the
equipment to remain certified. The board or the secretary of state
shall periodically examine, test, and inspect certified equipment
to determine continued compliance with the requirements of this
chapter and the initial certification. Any examination, test, or
inspection conducted for the purpose of continuing certification
of any equipment in which a significant problem has been uncovered
or in which a record of continuing problems exists shall be
performed pursuant to divisions (C) and (D) of this section, in
the same manner as the examination, test, or inspection is
performed for initial approval and certification.
(F) If, at any time after the certification of equipment, the
board of voting machine examiners or the secretary of state is
notified by a board of elections of any significant problem with
the equipment or determines that the equipment fails to meet the
requirements necessary for approval or continued compliance with
the requirements of this chapter, or if the board of voting
machine examiners determines that there are significant
enhancements or adjustments to the hardware or software, or if
notice of such enhancements or adjustments has not been given as
required by division (E) of this section, the secretary of state
shall notify the users and vendors of that equipment that
certification of the equipment may be withdrawn.
(G)(1) The notice given by the secretary of state under
division (F) of this section shall be in writing and shall specify
both of the following:
(a) The reasons why the certification may be withdrawn;
(b) The date on which certification will be withdrawn unless
the vendor takes satisfactory corrective measures or explains why
there are no problems with the equipment or why the enhancements
or adjustments to the equipment are not significant.
(2) A vendor who receives a notice under division (F) of this
section shall, within thirty days after receiving it, submit to
the board of voting machine examiners in writing a description of
the corrective measures taken and the date on which they were
taken, or the explanation required under division (G)(1)(b) of
this section.
(3) Not later than fifteen days after receiving a written
description or explanation under division (G)(2) of this section
from a vendor, the board shall determine whether the corrective
measures taken or the explanation is satisfactory to allow
continued certification of the equipment, and the secretary of
state shall send the vendor a written notice of the board's
determination, specifying the reasons for it. If the board has
determined that the measures taken or the explanation given is
unsatisfactory, the notice shall include the effective date of
withdrawal of the certification. This date may be different from
the date originally specified in division (G)(1)(b) of this
section.
(4) A vendor who receives a notice under division (G)(3) of
this section indicating a decision to withdraw certification may,
within thirty days after receiving it, request in writing that the
board hold a hearing to reconsider its decision. Any interested
party shall be given the opportunity to submit testimony or
documentation in support of or in opposition to the board's
recommendation to withdraw certification. Failure of the vendor to
take appropriate steps as described in division (G)(1)(b) or to
comply with division (G)(2) of this section results in a waiver of
the vendor's rights under division (G)(4) of this section.
(H)(1) The secretary of state, in consultation with the board
of voting machine examiners, shall establish, by rule, guidelines
for the approval, certification, and continued certification of
the voting machines, marking devices, and tabulating equipment,
and electronic pollbooks to be used under Title XXXV of the
Revised Code. The guidelines shall establish procedures requiring
vendors or computer software developers to place in escrow with an
independent escrow agent approved by the secretary of state a copy
of all source code and related documentation, together with
periodic updates as they become known or available. The secretary
of state shall require that the documentation include a system
configuration and that the source code include all relevant
program statements in low- or high-level languages. As used in
this division, "source code" does not include variable codes
created for specific elections.
(2) Nothing in any rule adopted under division (H) of this
section shall be construed to limit the ability of the secretary
of state to follow or adopt, or to preclude the secretary of state
from following or adopting, any guidelines proposed by the federal
election commission, any entity authorized by the federal election
commission to propose guidelines, the election assistance
commission, or any entity authorized by the election assistance
commission to propose guidelines.
(3)(a) Before the initial certification of any direct
recording electronic voting machine with a voter verified paper
audit trail, and as a condition for the continued certification
and use of those machines, the secretary of state shall establish,
by rule, standards for the certification of those machines. Those
standards shall include, but are not limited to, all of the
following:
(i) A definition of a voter verified paper audit trail as a
paper record of the voter's choices that is verified by the voter
prior to the casting of the voter's ballot and that is securely
retained by the board of elections;
(ii) Requirements that the voter verified paper audit trail
shall not be retained by any voter and shall not contain
individual voter information;
(iii) A prohibition against the production by any direct
recording electronic voting machine of anything that legally could
be removed by the voter from the polling place, such as a receipt
or voter confirmation;
(iv) A requirement that paper used in producing a voter
verified paper audit trail be sturdy, clean, and resistant to
degradation;
(v) A requirement that the voter verified paper audit trail
shall be capable of being optically scanned for the purpose of
conducting a recount or other audit of the voting machine and
shall be readable in a manner that makes the voter's ballot
choices obvious to the voter without the use of computer or
electronic codes;
(vi) A requirement, for office-type ballots, that the voter
verified paper audit trail include the name of each candidate
selected by the voter;
(vii) A requirement, for questions and issues ballots, that
the voter verified paper audit trail include the title of the
question or issue, the name of the entity that placed the question
or issue on the ballot, and the voter's ballot selection on that
question or issue, but not the entire text of the question or
issue.
(b) The secretary of state, by rule adopted under Chapter
119. of the Revised Code, may waive the requirement under division
(H)(3)(a)(v) of this section, if the secretary of state determines
that the requirement is cost prohibitive.
(4)(a) Except as otherwise provided in division (H)(4)(c) of
this section, any voting machine, marking device, or automatic
tabulating equipment initially certified or acquired on or after
December 1, 2008, shall have the most recent federal certification
number issued by the election assistance commission.
(b) Any voting machine, marking device, or automatic
tabulating equipment certified for use in this state on the
effective date of this amendment September 12, 2008, shall meet,
as a condition of continued certification and use, the voting
system standards adopted by the federal election commission in
2002.
(c) A county that acquires additional voting machines,
marking devices, or automatic tabulating equipment on or after
December 1, 2008, shall not be considered to have acquired those
machines, devices, or equipment on or after December 1, 2008, for
the purpose of division (H)(4)(a) of this section if all of the
following apply:
(i) The voting machines, marking devices, or automatic
tabulating equipment acquired are the same as the machines,
devices, or equipment currently used in that county.
(ii) The acquisition of the voting machines, marking devices,
or automatic tabulating equipment does not replace or change the
primary voting system used in that county.
(iii) The acquisition of the voting machines, marking
devices, or automatic tabulating equipment is for the purpose of
replacing inoperable machines, devices, or equipment or for the
purpose providing additional machines, devices, or equipment
required to meet the allocation requirements established pursuant
to division (I) of section 3501.11 of the Revised Code.
Sec. 3509.01. (A) The board of elections of each county shall
provide absent voter's ballots for use at every primary and
general election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state. Those
ballots shall be the same size, shall be printed on the same kind
of paper, and shall be in the same form as has been approved for
use at the election for which those ballots are to be voted;
except that, in counties using marking devices, ballot cards may
be used for absent voter's ballots, and those absent voters shall
be instructed to record the vote in the manner provided on the
ballot cards. In counties where punch card ballots are used, those
absent voters shall be instructed to examine their marked ballot
cards and to remove any chads that remain partially attached to
them before returning them to election officials.
(B) The rotation of names of candidates and questions and
issues shall be substantially complied with on absent voter's
ballots, within the limitation of time allotted. Those ballots
shall be designated as "Absent Voter's Ballots." Except as
otherwise provided in division (D) of this section, those ballots
shall be printed and ready for use as follows:
(1) For overseas voters and absent uniformed services voters
eligible to vote under the Uniformed and Overseas Citizens
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.
1973ff, et seq., as amended, ballots shall be printed and ready
for use on the forty-fifth day before the day of the election.
(2) For all other voters, other than overseas voters and
absent uniformed services voters, who are applying to vote absent
voter's ballots other than in person, ballots shall be printed and
ready for use on the
thirty-fifth twenty-first day before the day
of the election.
(3) For all voters who are applying to vote absent voter's
ballots in person, ballots shall be printed and ready for use
beginning on the tenth day before the day of the election and
shall continue to be available for use through six p.m. on the
last Friday before the day of the election, except that ballots
shall not be available for use on Sunday. On the days in which
absent voter's ballots are available for use in person, those
ballots shall be available from eight a.m. through six p.m. Monday
through Friday and from eight a.m. through twelve p.m. on
Saturday.
(C) Absent voter's ballots provided for use at a general or
primary election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state, shall
include only those questions, issues, and candidacies that have
been lawfully ordered submitted to the electors voting at that
election.
(D)(1) If the laws governing the holding of a special
election on a day other than the day on which a primary or general
election is held make it impossible for absent voter's ballots to
be printed and ready for use by the deadlines established in
division (B) of this section, absent voter's ballots for those
special elections shall be ready for use as many days before the
day of the election as reasonably possible under the laws
governing the holding of that special election.
(2) If, in accordance with Section 2 of Article XVII, Ohio
Constitution, an election is required to be held to fill a vacancy
that occurs after absent voter's ballots have been printed and
distributed under division (B) of this section, the board of
elections shall print and distribute a supplemental ballot for
that election to each absent voter who has requested a ballot for
that election as many days before the election as reasonably
possible.
(E) A copy of the absent voter's ballots shall be forwarded
by the director of the board in each county to the secretary of
state at least twenty-five days before the election.
(F) As used in this section, "chad" and "punch card ballot"
have the same meanings as in section 3506.16 of the Revised Code.
Sec. 3509.02. (A) Any qualified elector may vote by absent
voter's ballots at an election.
(B) Any qualified elector who is unable to appear at the
office of the board of elections or, if pursuant to division (C)
of section 3501.10 of the Revised Code the board has designated
another location in the county at which registered electors may
vote, at that other location on account of personal illness,
physical disability, or infirmity, and who moves from one precinct
to another within a county, changes the elector's name and moves
from one precinct to another within a county, or moves from one
county to another county within the state, on or prior to the day
of a general, primary, or special election and has not filed a
notice of change of residence or change of name may vote by absent
voter's ballots in that election as specified in division (G) of
section 3503.16 of the Revised Code.
Sec. 3509.03. Except as provided in section 3509.031 or
division (B) of section 3509.08 of the Revised Code, any qualified
elector desiring to vote absent voter's ballots at an election
shall make written application for those ballots to the director
of elections of the county in which the elector's voting residence
is located. The application need not be in any particular form but
shall contain all of the following:
(B) The elector's signature;
(C) The address at which the elector is registered to vote;
(D) The elector's date of birth;
(E) One of the following:
(1) The elector's driver's license number;
(2) The last four digits of the elector's social security
number;
(3) A copy of the elector's current and valid photo
identification, a copy of a military identification, or a copy of
a current utility bill, bank statement, government check,
paycheck, or other government document, other than a notice of an
election mailed by a board of elections under section 3501.19 of
the Revised Code or a notice of voter registration mailed by a
board of elections under section 3503.19 of the Revised Code, that
shows the name and address of the elector.
(F) A statement identifying the election for which absent
voter's ballots are requested;
(G) A statement that the person requesting the ballots is a
qualified elector;
(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 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 of elections for the county in which the
elector's voting residence is located. The elector may personally
deliver the application to the director or may mail it, send it by
facsimile machine, or otherwise send it to the director. The
application need not be in any particular form but shall contain
all of the following:
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, 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. The form of the application shall be
prescribed by the secretary of state. The director shall furnish
that blank form to any of the relatives specified in this division
desiring to make the application, only upon the request of such a
relative in person at the office of the board or upon the written
request of such a relative mailed to the office of the board. The
application, subscribed and sworn to by the applicant, shall
contain all of the following:
(1) The full name of the elector for whom ballots are
requested;
(2) A statement that such person is a qualified elector in
the county;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, 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 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 prior to the ninetieth day before the
day of the election for which ballots are requested or if
delivered to the director later than twelve noon of the third day
preceding the day of such election. If, after the ninetieth day
and before four p.m. of the day before the day of an election, a
valid application for absent voter's ballots is delivered to the
director of elections at the office of the board by a militia
member making application in the militia member's own behalf, the
director shall forthwith deliver to the militia member all absent
voter's 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 promptly
shall notify the applicant of the additional information required
to be provided by the applicant to complete that application.
(B) Upon receipt by the director of elections of an
application for absent voter's ballots that 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, if the director finds that the applicant is a qualified
elector, shall deliver to the applicant in person or mail directly
to the applicant by special delivery mail, air mail, or regular
mail, postage prepaid, proper absent voter's ballots. The director
shall deliver or mail with the ballots an unsealed identification
envelope upon the face of which shall be printed a form
substantially as follows:
"Identification Envelope Statement of Voter
I, ........................(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed in
the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which is in Ward ............... Precinct ................
in that city, village, or township.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained within this envelope are to be voted at the
.......... (general, special, or primary) election to be held on
the .......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's
license number).
The last four digits of my Social Security Number are
............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number or the
last four digits of my Social Security Number, I am enclosing a
copy of one of the following in the return envelope in which this
identification envelope will be mailed: a current and valid photo
identification, a military identification, or a current utility
bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections,
that shows my name and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF
THE FIFTH DEGREE."
The director shall mail with the ballots and the unsealed
identification envelope an unsealed return envelope upon the face
of which shall be printed the official title and post-office
address of the director. In the upper left corner on the face of
the return envelope, several blank lines shall be printed upon
which the voter may write the voter's name and return address. 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.
Postage for the return
envelope shall not be prepaid by the board of elections. The
absent voter shall be responsible for paying all required postage
costs to return the marked absent voter's ballot to the board of
elections.
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 or the last four
digits of the elector's social security number on the statement of
voter on the identification envelope, the elector also shall
include in the return envelope with the identification envelope a
copy of the elector's current valid photo identification, a copy
of a military identification, or a copy of a current utility bill,
bank statement, government check, paycheck, or other government
document, other than a notice of an election mailed by a board of
elections under section 3501.19 of the Revised Code or a notice of
voter registration mailed by a board of elections under section
3503.19 of the Revised Code, that shows the name and address of
the elector. Each elector who will be outside the United States on
the day of the election shall check the box on the return envelope
indicating this fact and shall mail the return envelope to the
director prior to the close of the polls on election day.
Every 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. 3511.10. If, after the thirty-fifth day and during the
time that absent voter's ballots may be cast in person before the
close of the polls on the day of a general or primary an election,
a valid application for uniformed services or overseas absent
voter's ballots is delivered to the director of the board of
elections at the office of the board by a person making the
application on the person's own behalf, the director shall
forthwith deliver to the person all uniformed services or overseas
absent voter's ballots then ready for use, together with an
identification envelope. The person shall then immediately retire
to a voting booth in the office of the board, and mark the
ballots. The person shall then fold each ballot separately so as
to conceal the person's markings thereon, and deposit all of the
ballots in the identification envelope and securely seal it.
Thereupon the person shall fill in answers to the questions on the
face of the identification envelope, and by writing the person's
usual signature in the proper place thereon, the person shall
declare under penalty of election falsification that the answers
to those questions are true and correct to the best of that
person's knowledge and belief. The person shall then deliver the
identification envelope to the director. If thereafter, and before
the third day preceding such election, the board provides
additional separate official issue or special election ballots, as
provided for in section 3511.04 of the Revised Code, the director
shall promptly, and not later than twelve noon of the third day
preceding the day of election, mail such additional ballots to
such person at the address specified by that person for that
purpose.
In the event any person serving in the armed forces of the
United States is discharged after the closing date of
registration, and that person or that person's spouse, or both,
meets all the other qualifications set forth in section 3511.01 of
the Revised Code, the person or spouse shall be permitted to vote
prior to the date of the election in the office of the board in
the person's or spouse's county, as set forth in this section.
Sec. 3513.12. At a presidential primary election, which
shall be held on the first Tuesday after the first Monday in March
in the year 2000, and similarly in every fourth year thereafter,
delegates and alternates to the national conventions of the
different major political parties shall be chosen by direct vote
of the electors as provided in this chapter. Candidates for
delegate and alternate shall be qualified and the election shall
be conducted in the manner prescribed in this chapter for the
nomination of candidates for state and district offices, except as
provided in section 3513.151 of the Revised Code and except that
whenever any group of candidates for delegate at large or
alternate at large, or any group of candidates for delegates or
alternates from districts, file with the secretary of state
statements as provided by this section, designating the same
persons as their first and second choices for president of the
United States, such a group of candidates may submit a group
petition containing a declaration of candidacy for each of such
candidates. The group petition need be signed only by the number
of electors required for the petition of a single candidate. No
group petition shall be submitted except by a group of candidates
equal in number to the whole number of delegates at large or
alternates at large to be elected or equal in number to the whole
number of delegates or alternates from a district to be elected.
Each person seeking to be elected as delegate or alternate to
the national convention of the person's political party shall file
with the person's declaration of candidacy and certificate a
statement in writing signed by the person in which the person
shall state the person's first and second choices for nomination
as the candidate of the person's party for the presidency of the
United States. The secretary of state shall not permit any
declaration of candidacy and certificate of a candidate for
election as such delegate or alternate to be filed unless
accompanied by such statement in writing. The name of a candidate
for the presidency shall not be so used without the candidate's
written consent.
A person who is a first choice for president of candidates
seeking election as delegates and alternates shall file with the
secretary of state, prior to the day of the election, a list
indicating the order in which certificates of election are to be
issued to delegate or alternate candidates to whose candidacy the
person has consented, if fewer than all of such candidates are
entitled under party rules to be certified as elected. Each
candidate for election as such delegate or alternate may also file
along with the candidate's declaration of candidacy and
certificate a statement in writing signed by the candidate in the
following form:
"Statement of Candidate
For Election as ............ (Delegate) (Alternate) to the
............ (name of political party) National Convention
I hereby declare to the voters of my political party in the
State of Ohio that, if elected as ............ (delegate)
(alternate) to their national party convention, I shall, to the
best of my judgment and ability, support that candidate for
President of the United States who shall have been selected at
this primary by the voters of my party in the manner provided in
Chapter 3513. of the Ohio Revised Code, as their candidate for
such office.
|
........................... (name,), |
|
Candidate for ............. |
|
(Delegate) (Alternate)" |
The procedures for the selection of candidates for delegate
and alternate to the national convention of a political party set
forth in this section and in section 3513.121 of the Revised Code
are alternative procedures, and if the procedures of this section
are followed, the procedures of section 3513.121 of the Revised
Code need not be followed.
Sec. 3513.262. The nominating petitions of all candidates
required to be filed before four p.m. of the day before the day of
the primary election immediately preceding the general election
shall be processed as follows:
If such petition is filed with the secretary of state, he the
secretary of state shall, not later than the fifteenth day of June
following the filing of such petition, or if the primary election
was a presidential primary election, not later than the end of the
sixth week after the day of that election, transmit to each board
such separate petition papers as purport to contain signatures of
electors of the county of such board. If such petition is filed
with the board of the most populous county of a district or of a
county in which the major portion of the population of a
subdivision is located, such board shall, not later than the
fifteenth day of June, or if the primary election was a
presidential primary election, not later than the end of the sixth
week after the day of that election, transmit to each board within
such district such separate petition papers of the petition as
purport to contain signatures of electors of the county of such
board.
All petition papers so transmitted to a board and all
nominating petitions filed with a board shall, under proper
regulations, be open to public inspection from the fifteenth day
of June until four p.m. of the thirtieth day of that month, or if
the primary election was a presidential primary election, from the
end of the sixth week after the election until four p.m. of the
end of the seventh week after the election. Each board shall, not
later than the next fifteenth day of July, or if the primary
election was a presidential primary election, not later than the
end of the tenth week after the day of that election, examine and
determine the sufficiency of the signatures on the petition papers
transmitted to or filed with it, and the validity of the petitions
filed with it, and shall return to the secretary of state all
petition papers transmitted to it by him the secretary of state,
together with its certification of its determination as to the
validity or invalidity of signatures thereon, and shall return to
each other board all petition papers transmitted to it by such
other board, as provided in this section, together with its
certification of its determination as to the validity or
invalidity of signatures thereon. All other matters affecting the
validity or invalidity of such petition papers shall be determined
by the secretary of state or the board with whom such petition
papers were filed.
Written protests against nominating petitions may be filed by
any qualified elector eligible to vote for the candidate whose
nominating petition he the elector objects to, not later than four
p.m. of the thirtieth day of July, or if the primary election was
a presidential primary election, not later than the end of the
twelfth week after the day of that election. Such protests shall
be filed with the election officials with whom the nominating
petition was filed. Upon the filing of such protest, the election
officials with whom it is filed shall promptly fix the time and
place for hearing it, and shall forthwith mail notice of the
filing of such protest and the time and place for hearing it to
the person whose nomination is protested. They shall also
forthwith mail notice of the time and place fixed for the hearing
to the person who filed the protest. At the time fixed, such
election officials shall hear the protest and determine the
validity or invalidity of the petition. Such determination shall
be final.
A protest against the nominating petition filed by joint
candidates for the offices of governor and lieutenant governor
shall be filed, heard, and determined in the same manner as a
protest against the nominating petition of a candidate who files
by himself individually.
Section 2. That existing sections 511.27, 1545.21, 3501.01,
3501.05, 3501.10, 3503.14, 3503.15, 3503.16, 3503.19, 3505.18,
3505.181, 3505.182, 3505.183, 3505.21, 3505.28, 3506.05, 3509.01,
3509.02, 3509.03, 3509.031, 3509.04, 3511.09, 3511.10, 3513.12,
and 3513.262 of the Revised Code are hereby repealed.
Section 3. That sections 3.02, 302.09, 305.02, 503.24,
733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the Revised Code
be amended to read as follows, to make those sections consistent
with the requirements of the Ohio Constitution:
Sec. 3.02. (A) When an elective office becomes vacant and is
filled by appointment, such appointee shall hold the office until
the appointee's successor is elected and qualified; and such
successor shall be elected for the unexpired term, at the first
general election for the office which is vacant that occurs more
than fifty-six forty days after the vacancy has occurred; provided
that when the unexpired term ends within one year immediately
following the date of such general election, an election to fill
such unexpired term shall not be held and the appointment shall be
for such unexpired term.
(B) When an elective office becomes vacant and is filled by
appointment, the appointing authority shall, immediately but no
later than seven days after making the appointment, certify it to
the board of elections and to the secretary of state. The board of
elections or, in the case of an appointment to a statewide office,
the secretary of state shall issue a certificate of appointment to
the appointee. Certificates of appointment shall be in such form
as the secretary of state shall prescribe.
(C) When an elected candidate fails to qualify for the office
to which the candidate has been elected, the office shall be
filled as in the case of a vacancy. Until so filled, the incumbent
officer shall continue to hold office. This section does not
postpone the time for such election beyond that at which it would
have been held had no such vacancy occurred, or affect the
official term, or the time for the commencement thereof, of any
person elected to such office before the occurrence of such
vacancy.
Sec. 302.09. When a vacancy occurs in the board of county
commissioners or in the office of county auditor, county
treasurer, prosecuting attorney, clerk of the court of common
pleas, sheriff, county recorder, county engineer, or coroner more
than fifty-six forty days before the next general election for
state and county officers, the vacancy shall be filled as provided
for in divisions (A) and (B) of section 305.02 of the Revised
Code.
Sec. 305.02. (A) If a vacancy in the office of county
commissioner, prosecuting attorney, county auditor, county
treasurer, clerk of the court of common pleas, sheriff, county
recorder, county engineer, or coroner occurs more than fifty-six
forty days before the next general election for state and county
officers, a successor shall be elected at such election for the
unexpired term unless such term expires within one year
immediately following the date of such general election.
In either event, the vacancy shall be filled as provided in
this section, and the appointee shall hold office until a
successor is elected and qualified.
(B) If a vacancy occurs from any cause in any of the offices
named in division (A) of this section, the county central
committee of the political party with which the last occupant of
the office was affiliated shall appoint a person to hold the
office and to perform the duties thereof until a successor is
elected and has qualified, except that if such vacancy occurs
because of the death, resignation, or inability to take the office
of an officer-elect whose term has not yet begun, an appointment
to take such office at the beginning of the term shall be made by
the central committee of the political party with which such
officer-elect was affiliated.
(C) Not less than five nor more than forty-five days after a
vacancy occurs, the county central committee shall meet for the
purpose of making an appointment under this section. Not less than
four days before the date of such meeting the chairperson or
secretary of such central committee shall send by first class mail
to every member of such central committee a written notice which
shall state the time and place of such meeting and the purpose
thereof. A majority of the members of the central committee
present at such meeting may make the appointment.
(D) If the last occupant of the office or the officer-elect
was elected as an independent candidate, the board of county
commissioners shall make such appointment at the time when the
vacancy occurs, except where the vacancy is in the office of
county commissioner, in which case the prosecuting attorney and
the remaining commissioners or a majority of them shall make the
appointment.
(E) Appointments made under this section shall be certified
by the appointing county central committee or by the board of
county commissioners to the county board of elections and to the
secretary of state, and the persons so appointed and certified
shall be entitled to all remuneration provided by law for the
offices to which they are appointed.
(F) The board of county commissioners may appoint a person to
hold any of the offices named in division (A) of this section as
an acting officer and to perform the duties thereof between the
occurrence of the vacancy and the time when the officer appointed
by the central committee qualifies and takes the office.
(G) A person appointed prosecuting attorney or assistant
prosecuting attorney shall give bond and take the oath of office
prescribed by section 309.03 of the Revised Code for the
prosecuting attorney.
Sec. 503.24. If there is a vacancy by reason of the
nonacceptance, death, or removal of a person chosen to an office
in any township at the regular election, or if there is a vacancy
from any other cause, the board of township trustees shall appoint
a person having the qualifications of an elector to fill such
vacancy for the unexpired term or until a successor is elected.
If a township is without a board or if no appointment is made
within thirty days after the occurrence of a vacancy, a majority
of the persons designated as the committee of five on the
last-filed nominating petition of the township officer whose
vacancy is to be filled who are residents of the township shall
appoint a person having the qualifications of an elector to fill
the vacancy for the unexpired term or until a successor is
elected. If at least three of the committee members who are
residents of the township cannot be found, or if that number of
such members fails to make an appointment within ten days after
the thirty-day period in which the board of township trustees is
authorized to make an appointment, then the presiding probate
judge of the county shall appoint a suitable person having the
qualifications of an elector in the township to fill the vacancy
for the unexpired term or until a successor is elected.
If a vacancy occurs in a township elective office more than
fifty-six forty days before the next general election for
municipal and township officers a successor shall be chosen at
that election to fill the unexpired term, provided the term does
not expire within one year from the day of the election. If the
term expires within one year from the day of the next general
election for municipal and township officers, a successor
appointed pursuant to this section shall serve out the unexpired
term.
Sec. 733.31. (A) Unless otherwise provided by law, vacancies
arising in appointive and elective offices of villages shall be
filled by appointment by the mayor for the remainder of the
unexpired term, provided that:
(1) Vacancies in the office of mayor shall be filled in the
manner provided by section 733.25 of the Revised Code;
(2) Vacancies in the membership of the legislative authority
shall be filled in the manner provided by section 731.43 of the
Revised Code;
(3) Vacancies in the office of president pro tempore of a
village legislative authority shall be filled in the manner
provided by section 731.11 of the Revised Code.
In the event of a vacancy in the office of village clerk or
treasurer, the mayor may appoint a person to serve as an acting
officer to perform the duties of the office until a permanent
officer is appointed to fill the vacancy.
(B) Unless otherwise provided by law, vacancies arising in
appointive offices of cities shall be filled by appointment by the
mayor for the remainder of the unexpired term.
(C) A vacancy in the office of president of the legislative
authority of a city shall be filled in the same manner as provided
in division (D) of this section. Vacancies in the office of mayor
of a city shall be filled in the manner provided in section 733.08
of the Revised Code. Vacancies in the membership of the
legislative authority of a city shall be filled in the manner
provided in section 731.43 of the Revised Code.
(D) In case of the death, resignation, removal, or disability
of the director of law, auditor, or treasurer of a city and such
vacancy occurs more than fifty-six forty days before the next
general election for such office, a successor shall be elected at
such election for the unexpired term unless such term expires
within one year immediately following the date of such general
election. In either event, the vacancy shall be filled as provided
in this section and the appointee shall hold office until a
successor is elected and qualified.
(1) The county central committee of the political party with
which the last occupant of the office was affiliated, acting
through its members who reside in the city where the vacancy
occurs, shall appoint a person to hold the office and to perform
the duties thereof until a successor is elected and has qualified,
except that if such vacancy occurs because of the death,
resignation, or inability to take the office of an officer-elect
whose term has not yet begun, an appointment to take such office
at the beginning of the term shall be made by the members of the
central committee who reside in the city where the vacancy occurs.
(2) Not less than five nor more than forty-five days after a
vacancy occurs, the county central committee, acting through its
members who reside in the city where the vacancy occurs, shall
meet for the purpose of making an appointment. Not less than four
days before the date of the meeting the chairperson or secretary
of the central committee shall send by first class mail to every
member of such central committee who resides in the city where the
vacancy occurs a written notice which shall state the time and
place of such meeting and the purpose thereof. A majority of the
members of the central committee present at such meeting may make
the appointment.
(E) If the last occupant of the office or the officer-elect,
as provided in division (D) of this section, was elected as an
independent candidate, the mayor of the city shall make the
appointment at the time the vacancy occurs.
(F) Appointments made under this section shall be certified
by the appointing county central committee or by the mayor of the
municipal corporation to the county board of elections and to the
secretary of state. The persons so appointed and certified shall
be entitled to all remuneration provided by law for the offices to
which they are appointed.
(G) The mayor of the city may appoint a person to hold the
city office of director of law, auditor, or treasurer as an acting
officer and to perform the duties thereof between the occurrence
of the vacancy and the time when the person appointed by the
central committee qualifies and takes the office.
Sec. 1901.10. (A)(1)(a) The judges of the municipal court
and officers of the court shall take an oath of office as provided
in section 3.23 of the Revised Code. The office of judge of the
municipal court is subject to forfeiture, and the judge may be
removed from office, for the causes and by the procedure provided
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the
office of judge exists upon the death, resignation, forfeiture,
removal from office, or absence from official duties for a period
of six consecutive months, as determined under this section, of
the judge and also by reason of the expiration of the term of an
incumbent when no successor has been elected or qualified. The
chief justice of the supreme court may designate a judge of
another municipal court to act until that vacancy is filled in
accordance with section 107.08 of the Revised Code. A vacancy
resulting from the absence of a judge from official duties for a
period of six consecutive months shall be determined and declared
by the legislative authority.
(b) If a vacancy occurs in the office of judge or clerk of
the municipal court after the one-hundredth day before the first
Tuesday after the first Monday in May and prior to the fifty-sixth
fortieth day before the day of the general election, all
candidates for election to the unexpired term of the judge or
clerk shall file nominating petitions with the board of elections
not later than four p.m. on the tenth day following the day on
which the vacancy occurs, except that, when the vacancy occurs
fewer than four six days before the fifty-sixth fortieth day
before the general election, the deadline for filing shall be four
p.m. on the fiftieth thirty-sixth day before the day of the
general election.
(c) Each nominating petition referred to in division
(A)(1)(b) of this section shall be in the form prescribed in
section 3513.261 of the Revised Code and shall be signed by at
least fifty qualified electors of the territory of the municipal
court. No nominating petition shall be accepted for filing or
filed if it appears on its face to contain signatures aggregating
in number more than twice the minimum aggregate number of
signatures required by this section.
(2) If a judge of a municipal court that has only one judge
is temporarily absent, incapacitated, or otherwise unavailable,
the judge may appoint a substitute who has the qualifications
required by section 1901.06 of the Revised Code or a retired judge
of a court of record who is a qualified elector and a resident of
the territory of the court. If the judge is unable to make the
appointment, the chief justice of the supreme court shall appoint
a substitute. The appointee shall serve during the absence,
incapacity, or unavailability of the incumbent, shall have the
jurisdiction and powers conferred upon the judge of the municipal
court, and shall be styled "acting judge." During that time of
service, the acting judge shall sign all process and records and
shall perform all acts pertaining to the office, except that of
removal and appointment of officers of the court. All courts shall
take judicial notice of the selection and powers of the acting
judge. The incumbent judge shall establish the amount of
compensation of an acting judge upon either a per diem, hourly, or
other basis, but the rate of pay shall not exceed the per diem
amount received by the incumbent judge.
(B) When the volume of cases pending in any municipal court
necessitates an additional judge, the chief justice of the supreme
court, upon the written request of the judge or presiding judge of
that municipal court, may designate a judge of another municipal
court or county court to serve for any period of time that the
chief justice may prescribe. The compensation of a judge so
designated shall be paid from the city treasury or, in the case of
a county-operated municipal court, from the county treasury. In
addition to the annual salary provided for in section 1901.11 of
the Revised Code and in addition to any compensation under
division (A)(5) or (6) of section 141.04 of the Revised Code to
which the judge is entitled in connection with the judge's own
court, a full-time or part-time judge while holding court outside
the judge's territory on the designation of the chief justice
shall receive actual and necessary expenses and compensation as
follows:
(1) A full-time judge shall receive thirty dollars for each
day of the assignment.
(2) A part-time judge shall receive for each day of the
assignment the per diem compensation of the judges of the court to
which the judge is assigned, less the per diem amount paid to
those judges pursuant to section 141.04 of the Revised Code,
calculated on the basis of two hundred fifty working days per
year.
If a request is made by a judge or the presiding judge of a
municipal court to designate a judge of another municipal court
because of the volume of cases in the court for which the request
is made and the chief justice reports, in writing, that no
municipal or county court judge is available to serve by
designation, the judges of the court requesting the designation
may appoint a substitute as provided in division (A)(2) of this
section, who may serve for any period of time that is prescribed
by the chief justice. The substitute judge shall be paid in the
same manner and at the same rate as the incumbent judges, except
that, if the substitute judge is entitled to compensation under
division (A)(5) or (6) of section 141.04 of the Revised Code, then
section 1901.121 of the Revised Code shall govern its payment.
Sec. 2301.02. The number of judges of the court of common
pleas for each county, the time for the next election of the
judges in the several counties, and the beginning of their terms
shall be as follows:
(A) In Adams, Ashland, Fayette, and Pike counties, one judge,
elected in 1956, term to begin February 9, 1957;
In Brown, Crawford, Defiance, Highland, Holmes, Morgan,
Ottawa, and Union counties, one judge, to be elected in 1954, term
to begin February 9, 1955;
In Auglaize county, one judge, to be elected in 1956, term to
begin January 9, 1957;
In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and
Wyandot counties, one judge, to be elected in 1956, term to begin
January 1, 1957;
In Morrow county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and one to be elected in 2006, term to
begin January 1, 2007;
In Logan county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and one to be elected in 2004, term to
begin January 2, 2005;
In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,
Shelby, Van Wert, and Williams counties, one judge, to be elected
in 1952, term to begin January 1, 1953;
In Champaign county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and one to be elected in 2008, term
to begin February 10, 2009.
In Harrison and Noble counties, one judge, to be elected in
1954, term to begin April 18, 1955;
In Henry county, two judges, one to be elected in 1956, term
to begin May 9, 1957, and one to be elected in 2004, term to begin
January 1, 2005;
In Putnam county, one judge, to be elected in 1956, term to
begin May 9, 1957;
In Huron county, one judge, to be elected in 1952, term to
begin May 14, 1953;
In Perry county, one judge, to be elected in 1954, term to
begin July 6, 1956;
In Sandusky county, two judges, one to be elected in 1954,
term to begin February 10, 1955, and one to be elected in 1978,
term to begin January 1, 1979;
(B) In Allen county, three judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1958,
term to begin January 1, 1959, and the third to be elected in
1992, term to begin January 1, 1993;
In Ashtabula county, three judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1960, term to
begin January 1, 1961, and one to be elected in 1978, term to
begin January 2, 1979;
In Athens county, two judges, one to be elected in 1954, term
to begin February 9, 1955, and one to be elected in 1990, term to
begin July 1, 1991;
In Erie county, four judges, one to be elected in 1956, term
to begin January 1, 1957, the second to be elected in 1970, term
to begin January 2, 1971, the third to be elected in 2004, term to
begin January 2, 2005, and the fourth to be elected in 2008, term
to begin February 9, 2009;
In Fairfield county, three judges, one to be elected in 1954,
term to begin February 9, 1955, the second to be elected in 1970,
term to begin January 1, 1971, and the third to be elected in
1994, term to begin January 2, 1995;
In Geauga county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and the second to be elected in 1976,
term to begin January 6, 1977;
In Greene county, four judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1960,
term to begin January 1, 1961, the third to be elected in 1978,
term to begin January 2, 1979, and the fourth to be elected in
1994, term to begin January 1, 1995;
In Hancock county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1978, term to begin January 1, 1979;
In Lawrence county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and the second to be elected in
1976, term to begin January 1, 1977;
In Marion county, three judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1976,
term to begin January 2, 1977, and the third to be elected in
1998, term to begin February 9, 1999;
In Medina county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1966,
term to begin January 1, 1967, and the third to be elected in
1994, term to begin January 1, 1995;
In Miami county, two judges, one to be elected in 1954, term
to begin February 9, 1955, and one to be elected in 1970, term to
begin on January 1, 1971;
In Muskingum county, three judges, one to be elected in 1968,
term to begin August 9, 1969, one to be elected in 1978, term to
begin January 1, 1979, and one to be elected in 2002, term to
begin January 2, 2003;
In Portage county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1986, term to begin January 2, 1987;
In Ross county, two judges, one to be elected in 1956, term
to begin February 9, 1957, and the second to be elected in 1976,
term to begin January 1, 1977;
In Scioto county, three judges, one to be elected in 1954,
term to begin February 10, 1955, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1994, term to begin January 2, 1995;
In Seneca county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and the second to be elected in 1986,
term to begin January 2, 1987;
In Warren county, four judges, one to be elected in 1954,
term to begin February 9, 1955, the second to be elected in 1970,
term to begin January 1, 1971, the third to be elected in 1986,
term to begin January 1, 1987, and the fourth to be elected in
2004, term to begin January 2, 2005;
In Washington county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and one to be elected in 1986, term
to begin January 1, 1987;
In Wood county, three judges, one to be elected in 1968, term
beginning January 1, 1969, the second to be elected in 1970, term
to begin January 2, 1971, and the third to be elected in 1990,
term to begin January 1, 1991;
In Belmont and Jefferson counties, two judges, to be elected
in 1954, terms to begin January 1, 1955, and February 9, 1955,
respectively;
In Clark county, four judges, one to be elected in 1952, term
to begin January 1, 1953, the second to be elected in 1956, term
to begin January 2, 1957, the third to be elected in 1986, term to
begin January 3, 1987, and the fourth to be elected in 1994, term
to begin January 2, 1995.
In Clermont county, five judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1964,
term to begin January 1, 1965, the third to be elected in 1982,
term to begin January 2, 1983, the fourth to be elected in 1986,
term to begin January 2, 1987; and the fifth to be elected in
2006, term to begin January 3, 2007;
In Columbiana county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1956, term to begin January 1, 1957;
In Delaware county, two judges, one to be elected in 1990,
term to begin February 9, 1991, the second to be elected in 1994,
term to begin January 1, 1995;
In Lake county, six judges, one to be elected in 1958, term
to begin January 1, 1959, the second to be elected in 1960, term
to begin January 2, 1961, the third to be elected in 1964, term to
begin January 3, 1965, the fourth and fifth to be elected in 1978,
terms to begin January 4, 1979, and January 5, 1979, respectively,
and the sixth to be elected in 2000, term to begin January 6,
2001;
In Licking county, four judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1964, term to
begin January 1, 1965, one to be elected in 1990, term to begin
January 1, 1991, and one to be elected in 2004, term to begin
January 1, 2005;
In Lorain county, nine judges, two to be elected in 1952,
terms to begin January 1, 1953, and January 2, 1953, respectively,
one to be elected in 1958, term to begin January 3, 1959, one to
be elected in 1968, term to begin January 1, 1969, two to be
elected in 1988, terms to begin January 4, 1989, and January 5,
1989, respectively, two to be elected in 1998, terms to begin
January 2, 1999, and January 3, 1999, respectively; and one to be
elected in 2006, term to begin January 6, 2007;
In Butler county, eleven judges, one to be elected in 1956,
term to begin January 1, 1957; two to be elected in 1954, terms to
begin January 1, 1955, and February 9, 1955, respectively; one to
be elected in 1968, term to begin January 2, 1969; one to be
elected in 1986, term to begin January 3, 1987; two to be elected
in 1988, terms to begin January 1, 1989, and January 2, 1989,
respectively; one to be elected in 1992, term to begin January 4,
1993; two to be elected in 2002, terms to begin January 2, 2003,
and January 3, 2003, respectively; and one to be elected in 2006,
term to begin January 3, 2007;
In Richland county, four judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin February 9, 1961, the third to be elected in 1968,
term to begin January 2, 1969, and the fourth to be elected in
2004, term to begin January 3, 2005;
In Tuscarawas county, two judges, one to be elected in 1956,
term to begin January 1, 1957, and the second to be elected in
1960, term to begin January 2, 1961;
In Wayne county, two judges, one to be elected in 1956, term
beginning January 1, 1957, and one to be elected in 1968, term to
begin January 2, 1969;
In Trumbull county, six judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1954,
term to begin January 1, 1955, the third to be elected in 1956,
term to begin January 1, 1957, the fourth to be elected in 1964,
term to begin January 1, 1965, the fifth to be elected in 1976,
term to begin January 2, 1977, and the sixth to be elected in
1994, term to begin January 3, 1995;
(C) In Cuyahoga county, thirty-nine judges; eight to be
elected in 1954, terms to begin on successive days beginning from
January 1, 1955, to January 7, 1955, and February 9, 1955,
respectively; eight to be elected in 1956, terms to begin on
successive days beginning from January 1, 1957, to January 8,
1957; three to be elected in 1952, terms to begin from January 1,
1953, to January 3, 1953; two to be elected in 1960, terms to
begin on January 8, 1961, and January 9, 1961, respectively; two
to be elected in 1964, terms to begin January 4, 1965, and January
5, 1965, respectively; one to be elected in 1966, term to begin on
January 10, 1967; four to be elected in 1968, terms to begin on
successive days beginning from January 9, 1969, to January 12,
1969; two to be elected in 1974, terms to begin on January 18,
1975, and January 19, 1975, respectively; five to be elected in
1976, terms to begin on successive days beginning January 6, 1977,
to January 10, 1977; two to be elected in 1982, terms to begin
January 11, 1983, and January 12, 1983, respectively; and two to
be elected in 1986, terms to begin January 13, 1987, and January
14, 1987, respectively;
In Franklin county, twenty-two judges; two to be elected in
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January
1, 1957, to January 4, 1957; four to be elected in 1958, terms to
begin January 1, 1959, to January 4, 1959; three to be elected in
1968, terms to begin January 5, 1969, to January 7, 1969; three to
be elected in 1976, terms to begin on successive days beginning
January 5, 1977, to January 7, 1977; one to be elected in 1982,
term to begin January 8, 1983; one to be elected in 1986, term to
begin January 9, 1987; two to be elected in 1990, terms to begin
July 1, 1991, and July 2, 1991, respectively; one to be elected in
1996, term to begin January 2, 1997; and one to be elected in
2004, term to begin July 1, 2005;
In Hamilton county, twenty-one judges; eight to be elected in
1966, terms to begin January 1, 1967, January 2, 1967, and from
February 9, 1967, to February 14, 1967, respectively; five to be
elected in 1956, terms to begin from January 1, 1957, to January
5, 1957; one to be elected in 1964, term to begin January 1, 1965;
one to be elected in 1974, term to begin January 15, 1975; one to
be elected in 1980, term to begin January 16, 1981; two to be
elected at large in the general election in 1982, terms to begin
April 1, 1983; one to be elected in 1990, term to begin July 1,
1991; and two to be elected in 1996, terms to begin January 3,
1997, and January 4, 1997, respectively;
In Lucas county, fourteen judges; two to be elected in 1954,
terms to begin January 1, 1955, and February 9, 1955,
respectively; two to be elected in 1956, terms to begin January 1,
1957, and October 29, 1957, respectively; two to be elected in
1952, terms to begin January 1, 1953, and January 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 4, 1969;
two to be elected in 1976, terms to begin January 4, 1977, and
January 5, 1977, respectively; one to be elected in 1982, term to
begin January 6, 1983; one to be elected in 1988, term to begin
January 7, 1989; one to be elected in 1990, term to begin January
2, 1991; and one to be elected in 1992, term to begin January 2,
1993;
In Mahoning county, seven judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and
February 9, 1955, respectively; one to be elected in 1956, term to
begin January 1, 1957; one to be elected in 1952, term to begin
January 1, 1953; one to be elected in 1968, term to begin January
2, 1969; and one to be elected in 1990, term to begin July 1,
1991;
In Montgomery county, fifteen judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and January
3, 1955, respectively; four to be elected in 1952, terms to begin
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 3, 1969;
three to be elected in 1976, terms to begin on successive days
beginning January 4, 1977, to January 6, 1977; two to be elected
in 1990, terms to begin July 1, 1991, and July 2, 1991,
respectively; and one to be elected in 1992, term to begin January
1, 1993.
In Stark county, eight judges; one to be elected in 1958,
term to begin on January 2, 1959; two to be elected in 1954, terms
to begin on January 1, 1955, and February 9, 1955, respectively;
two to be elected in 1952, terms to begin January 1, 1953, and
April 16, 1953, respectively; one to be elected in 1966, term to
begin on January 4, 1967; and two to be elected in 1992, terms to
begin January 1, 1993, and January 2, 1993, respectively;
In Summit county, thirteen judges; four to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, January 3,
1955, and February 9, 1955, respectively; three to be elected in
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,
1959, respectively; one to be elected in 1966, term to begin
January 4, 1967; one to be elected in 1968, term to begin January
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one
to be elected in 1992, term to begin January 6, 1993; and two to
be elected in 2008, terms to begin January 5, 2009, and January 6,
2009, respectively.
Notwithstanding the foregoing provisions, in any county
having two or more judges of the court of common pleas, in which
more than one-third of the judges plus one were previously elected
at the same election, if the office of one of those judges so
elected becomes vacant more than fifty-six forty days prior to the
second general election preceding the expiration of that judge's
term, the office that that judge had filled shall be abolished as
of the date of the next general election, and a new office of
judge of the court of common pleas shall be created. The judge who
is to fill that new office shall be elected for a six-year term at
the next general election, and the term of that judge shall
commence on the first day of the year following that general
election, on which day no other judge's term begins, so that the
number of judges that the county shall elect shall not be reduced.
Judges of the probate division of the court of common pleas
are judges of the court of common pleas but shall be elected
pursuant to sections 2101.02 and 2101.021 of the Revised Code,
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot
counties in which the judge of the court of common pleas elected
pursuant to this section also shall serve as judge of the probate
division, except in Lorain county in which the judges of the
domestic relations division of the Lorain county court of common
pleas elected pursuant to this section also shall perform the
duties and functions of the judge of the probate division from
February 9, 2009, through September 28, 2009, and except in Morrow
county in which the judges of the court of common pleas elected
pursuant to this section also shall perform the duties and
functions of the judge of the probate division.
Sec. 3501.02. General elections in the state and its
political subdivisions shall be held as follows:
(A) For the election of electors of president and
vice-president of the United States, in the year of 1932 and every
four years thereafter;
(B) For the election of a member of the senate of the United
States, in the years 1932 and 1934, and every six years after each
of such years; except as otherwise provided for filling vacancies;
(C) For the election of representatives in the congress of
the United States and of elective state and county officers
including elected members of the state board of education, in the
even-numbered years; except as otherwise provided for filling
vacancies;
(D) For municipal and township officers, members of boards of
education, judges and clerks of municipal courts, in the
odd-numbered years;
(E)(1) Proposed constitutional amendments or proposed
measures submitted by the general assembly or by initiative or
referendum petitions to the voters of the state at large may be
submitted to the general election in any year occurring at least
sixty days, in case of a referendum, and ninety one hundred
twenty-five days, in the case of an initiated measure, subsequent
to the filing of the petitions therefor.
Proposed
(2) Proposed constitutional amendments submitted by the
general assembly to the voters of the state at large may be
submitted at a special election or general election in any year
occurring at least ninety days after the resolution is filed with
the secretary of state. The proposed constitutional amendment may
be submitted to the voters at a special election occurring on the
day in any year specified by division (E) of section 3501.01 of
the Revised Code for the holding of a primary election, when if a
special election on that date is designated by the general
assembly in the resolution adopting the proposed constitutional
amendment.
No special election shall be held on a day other than the day
of a general election, unless a law or charter provides otherwise,
regarding the submission of a question or issue to the voters of a
county, township, city, village, or school district.
(F)(1) Notwithstanding any provision of the Revised Code to
the contrary, any question or issue, except a candidacy, to be
voted upon at an election shall be certified, for placement upon
the ballot, to the board of elections not later than four p.m. of
the ninetieth day before the day of the election.
(2) Any question or issue that is certified for placement on
a ballot on or after the effective date of this amendment July 2,
2010, shall be certified not later than the ninetieth day before
the day of the applicable election, notwithstanding any deadlines
appearing in any section of the Revised Code governing the
placement of that question or issue on the ballot.
Sec. 3513.31. (A) If a person nominated in a primary
election as a candidate for election at the next general election,
whose candidacy is to be submitted to the electors of the entire
state, withdraws as that candidate or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination so created may be filled by the state
central committee of the major political party that made the
nomination at the primary election, if the committee's chairperson
and secretary certify the name of the person selected to fill the
vacancy by the time specified in this division, at a meeting
called for that purpose. The meeting shall be called by the
chairperson of that committee, who shall give each member of the
committee at least two days' notice of the time, place, and
purpose of the meeting. If a majority of the members of the
committee are present at the meeting, a majority of those present
may select a person to fill the vacancy. The chairperson and
secretary of the meeting shall certify in writing and under oath
to the secretary of state, not later than the eighty-sixth day
before the day of the general election, the name of the person
selected to fill the vacancy. The certification must be
accompanied by the written acceptance of the nomination by the
person whose name is certified. A vacancy that may be filled by an
intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made as in the manner provided for a
major political party.
(B) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district
comprised of more than one county but less than all of the
counties of the state, withdraws as that candidate or is
disqualified as that candidate under section 3513.052 of the
Revised Code, the vacancy in the party nomination so created may
be filled by a district committee of the major political party
that made the nomination at the primary election, if the
committee's chairperson and secretary certify the name of the
person selected to fill the vacancy by the time specified in this
division, at a meeting called for that purpose. The district
committee shall consist of the chairperson and secretary of the
county central committee of such political party in each county in
the district. The district committee shall be called by the
chairperson of the county central committee of such political
party of the most populous county in the district, who shall give
each member of the district committee at least two days' notice of
the time, place, and purpose of the meeting. If a majority of the
members of the district committee are present at the district
committee meeting, a majority of those present may select a person
to fill the vacancy. The chairperson and secretary of the meeting
shall certify in writing and under oath to the board of elections
of the most populous county in the district, not later than four
p.m. of the eighty-sixth day before the day of the general
election, the name of the person selected to fill the vacancy. The
certification must be accompanied by the written acceptance of the
nomination by the person whose name is certified. A vacancy that
may be filled by an intermediate or minor political party shall be
filled in accordance with the party's rules by authorized
officials of the party. Certification must be made as in the
manner provided for a major political party.
(C) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a county,
withdraws as that candidate or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy in the
party nomination so created may be filled by the county central
committee of the major political party that made the nomination at
the primary election, or by the county executive committee if so
authorized, if the committee's chairperson and secretary certify
the name of the person selected to fill the vacancy by the time
specified in this division, at a meeting called for that purpose.
The meeting shall be called by the chairperson of that committee,
who shall give each member of the committee at least two days'
notice of the time, place, and purpose of the meeting. If a
majority of the members of the committee are present at the
meeting, a majority of those present may select a person to fill
the vacancy. The chairperson and secretary of the meeting shall
certify in writing and under oath to the board of that county, not
later than four p.m. of the eighty-sixth day before the day of the
general election, the name of the person selected to fill the
vacancy. The certification must be accompanied by the written
acceptance of the nomination by the person whose name is
certified. A vacancy that may be filled by an intermediate or
minor political party shall be filled in accordance with the
party's rules by authorized officials of the party. Certification
must be made as in the manner provided for a major political
party.
(D) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district within
a county, withdraws as that candidate or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination so created may be filled by a district
committee consisting of those members of the county central
committee or, if so authorized, those members of the county
executive committee in that county of the major political party
that made the nomination at the primary election who represent the
precincts or the wards and townships within the district, if the
committee's chairperson and secretary certify the name of the
person selected to fill the vacancy by the time specified in this
division, at a meeting called for that purpose. The district
committee meeting shall be called by the chairperson of the county
central committee or executive committee, as appropriate, who
shall give each member of the district committee at least two
days' notice of the time, place, and purpose of the meeting. If a
majority of the members of the district committee are present at
the district committee meeting, a majority of those present may
select a person to fill the vacancy. The chairperson and secretary
of the district committee meeting shall certify in writing and
under oath to the board of the county, not later than four p.m. of
the eighty-sixth day before the day of the general election, the
name of the person selected to fill the vacancy. The certification
must be accompanied by the written acceptance of the nomination by
the person whose name is certified. A vacancy that may be filled
by an intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made as in the manner provided for a
major political party.
(E) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a subdivision
within a county, withdraws as that candidate or is disqualified as
that candidate under section 3513.052 of the Revised Code, the
vacancy in the party nomination so created may be filled by a
subdivision committee consisting of those members of the county
central committee or, if so authorized, those members of the
county executive committee in that county of the major political
party that made the nomination at that primary election who
represent the precincts or the wards and townships within that
subdivision, if the committee's chairperson and secretary certify
the name of the person selected to fill the vacancy by the time
specified in this division, at a meeting called for that purpose.
The subdivision committee meeting shall be called by the
chairperson of the county central committee or executive
committee, as appropriate, who shall give each member of the
subdivision committee at least two days' notice of the time,
place, and purpose of the meeting. If a majority of the members of
the subdivision committee are present at the subdivision committee
meeting, a majority of those present may select a person to fill
the vacancy. The chairperson and secretary of the subdivision
committee meeting shall certify in writing and under oath to the
board of the county, not later than four p.m. of the eighty-sixth
day before the day of the general election, the name of the person
selected to fill the vacancy. The certification must be
accompanied by the written acceptance of the nomination by the
person whose name is certified. A vacancy that may be filled by an
intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made in the manner provided for a
major political party.
(F) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
withdraws as that candidate or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy so created
may be filled by a majority of the committee of five, as
designated on the candidate's nominating petition, if a member of
that committee certifies in writing and under oath to the election
officials with whom the candidate filed the candidate's nominating
petition, not later than the eighty-sixth day before the day of
the general election, the name of the person selected to fill the
vacancy. The certification shall be accompanied by the written
acceptance of the nomination by the person whose name is certified
and shall be made in the manner provided for a major political
party.
(G) If a person nominated in a primary election as a party
candidate for election at the next general election dies, the
vacancy so created may be filled by the same committee in the same
manner as provided in this section for the filling of similar
vacancies created by withdrawals or disqualifications under
section 3513.052 of the Revised Code, except that the
certification, when filling a vacancy created by death, may not be
filed with the secretary of state, or with a board of the most
populous county of a district, or with the board of a county in
which the major portion of the population of a subdivision is
located, later than four p.m. of the tenth day before the day of
such general election, or with any other board later than four
p.m. of the fifth day before the day of such general election.
(H) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
dies prior to the tenth day before the day of that general
election, the vacancy so created may be filled by a majority of
the committee of five designated in the nominating petition to
represent the candidate named in it. To fill the vacancy a member
of the committee shall, not later than four p.m. of the fifth day
before the day of the general election, file with the election
officials with whom the petition nominating the person was filed,
a certificate signed and sworn to under oath by a majority of the
members, designating the person they select to fill the vacancy.
The certification must be accompanied by the written acceptance of
the nomination by the person whose name is so certified.
(I) If a person holding an elective office dies or resigns
subsequent to the one hundred fifteenth day before the day of a
primary election and prior to the eighty-sixth day before the day
of the next general election, and if, under the laws of this
state, a person may be elected at that general election to fill
the unexpired term of the person who has died or resigned, the
appropriate committee of each political party, acting as in the
case of a vacancy in a party nomination, as provided in divisions
(A) to (D) of this section, may select a person as the party
candidate for election for such unexpired term at that general
election, and certify the person's name to the appropriate
election official not later than four p.m. on the eighty-sixth day
before the day of that general election, or on the tenth day
following the day on which the vacancy occurs, whichever is later.
When the vacancy occurs on or subsequent to the eighty-sixth day
and six or more days prior to the fifty-sixth fortieth day before
the general election, the appropriate committee may select a
person as the party candidate and certify the person's name, as
provided in the preceding sentence, not later than four p.m. on
the fiftieth tenth day following the day on which the vacancy
occurs. When the vacancy occurs fewer than six days before the
fortieth day before the general election, the deadline for filing
shall be four p.m. on the thirty-sixth day before the general
election. Thereupon the name shall be printed as the party
candidate under proper titles and in the proper place on the
proper ballots for use at the election. If a person has been
nominated in a primary election, the authorized committee of that
political party shall not select and certify a person as the party
candidate.
(J) Each person desiring to become an independent candidate
to fill the unexpired term shall file a statement of candidacy and
nominating petition, as provided in section 3513.261 of the
Revised Code, with the appropriate election official not later
than four p.m. on the tenth day following the day on which the
vacancy occurs, provided that when the vacancy occurs fewer than
six days before the fifty-sixth day before the general election,
the deadline for filing shall be four p.m. on the fiftieth day
before the general election. The nominating petition shall contain
at least seven hundred fifty signatures and no more than one
thousand five hundred signatures of qualified electors of the
district, political subdivision, or portion of a political
subdivision in which the office is to be voted upon, or the amount
provided for in section 3513.257 of the Revised Code, whichever is
less.
(K) When a person nominated as a candidate by a political
party in a primary election or by nominating petition for an
elective office for which candidates are nominated at a party
primary election withdraws, dies, or is disqualified under section
3513.052 of the Revised Code prior to the general election, the
appropriate committee of any other major political party or
committee of five that has not nominated a candidate for that
office, or whose nominee as a candidate for that office has
withdrawn, died, or been disqualified without the vacancy so
created having been filled, may, acting as in the case of a
vacancy in a party nomination or nomination by petition as
provided in divisions (A) to (F) of this section, whichever is
appropriate, select a person as a candidate of that party or of
that committee of five for election to the office.
Section 4. That existing sections 3.02, 302.09, 305.02,
503.24, 733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the
Revised Code are hereby repealed.
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