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H. B. No. 224 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Dovilla, Stinziano
Cosponsors:
Representatives Mecklenborg, Adams, J., Rosenberger, Pillich, Thompson, Wachtmann, Grossman, Combs, Murray, Butler, Maag, Uecker
A BILL
To amend sections 3511.02, 3511.021, 3511.04, and
3511.14 and to enact section 3511.15 of the
Revised Code to permit uniformed services and
overseas voters to request and receive absent
voter's ballot applications and absent voter's
ballots by electronic mail or internet delivery,
to specify that a Federal Write-In Absentee Ballot
submitted by such a person may be used as the
person's voter registration form and absent
voter's ballot, to establish emergency election
procedures for such persons involved in armed
conflicts, troop mobilizations, or other
emergencies, and to add daughters-in-law and
sons-in-law to the list of family members who may
request an absent voter's ballot on behalf of a
uniformed services or overseas voter.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3511.02, 3511.021, 3511.04, and
3511.14 be amended and section 3511.15 of the Revised Code be
enacted to read as follows:
Sec. 3511.02. Notwithstanding any section of the Revised
Code to the contrary, whenever any person applies for registration
as a voter on a form adopted in accordance with federal
regulations relating to the "Uniformed and Overseas Citizens
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),
this application shall be sufficient for voter registration and as
a request for an absent voter's ballot. Uniformed services or
overseas absent voter's ballots may be obtained by any person
meeting the requirements of section 3511.01 of the Revised Code by
applying electronically to the secretary of state or to the board
of elections of the county in which the person's voting residence
is located in accordance with section 3511.021 of the Revised Code
or by applying to the director of the board of elections of the
county in which the person's voting residence is located, in one
of the following ways:
(A) That person may make written application for those
ballots. The person may personally deliver the application to the
director or may mail it, send it by facsimile machine, send it by
electronic mail, send it through internet delivery if such
delivery is offered by the board of elections or the secretary of
state, or otherwise send it to the director. The application need
not be in any particular form but shall contain all of the
following information:
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, or a copy of
a current utility bill, bank statement, government check,
paycheck, or other government document, other than a notice of an
election mailed by a board of elections under section 3501.19 of
the Revised Code or a notice of voter registration mailed by a
board of elections under section 3503.19 of the Revised Code, that
shows the name and address of the elector.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the person requesting the ballots is a
qualified elector;
(8) A statement that the elector is an absent uniformed
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;
(9) A statement of the elector's length of residence in the
state immediately preceding the commencement of service,
immediately preceding the date of leaving to be with or near the
service member, or immediately preceding leaving the United
States, whichever is applicable;
(10) If the request is for primary election ballots, the
elector's party affiliation;
(11) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(12) If the elector desires ballots to be sent to the elector
by facsimile machine, the telephone number to which they shall be
so sent;
(13) If the elector desires ballots to be sent to the elector
by electronic mail or, if offered by the board of elections or the
secretary of state, through internet delivery, the elector's
electronic mail address or other internet contact information.
(B) A voter or any relative of a voter listed in division (C)
of this section may use a single federal post card application to
apply for uniformed services or overseas absent voter's ballots
for use at the primary and general elections in a given year and
any special election to be held on the day in that year specified
by division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, designated by the general assembly
for the purpose of submitting constitutional amendments proposed
by the general assembly to the voters of the state. A single
federal postcard application shall be processed by the board of
elections pursuant to section 3511.04 of the Revised Code the same
as if the voter had applied separately for uniformed services or
overseas absent voter's ballots for each election.
(C) Application to have uniformed services or overseas absent
voter's ballots mailed or sent by facsimile machine to such a
person may be made by the spouse, father, mother, father-in-law,
mother-in-law, grandfather, grandmother, brother or sister of the
whole blood or half blood, son, daughter, adopting parent, adopted
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle,
aunt, nephew, or niece of such a person. The application shall be
in writing upon a blank form furnished only by the director or on
a single federal post card as provided in division (B) of this
section. The form of the application shall be prescribed by the
secretary of state. The director shall furnish that blank form to
any of the relatives specified in this division desiring to make
the application, only upon the request of such a relative made in
person at the office of the board or upon the written request of
such a relative mailed to the office of the board. The
application, subscribed and sworn to by the applicant, shall
contain all of the following:
(1) The full name of the elector for whom ballots are
requested;
(2) A statement that the elector is an absent uniformed
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;
(3) The address at which the elector is registered to vote;
(4) A statement identifying the elector's length of residence
in the state immediately preceding the commencement of service,
immediately preceding the date of leaving to be with or near a
service member, or immediately preceding leaving the United
States, as the case may be;
(5) The elector's date of birth;
(6) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, or a copy of
a current utility bill, bank statement, government check,
paycheck, or other government document, other than a notice of an
election mailed by a board of elections under section 3501.19 of
the Revised Code or a notice of voter registration mailed by a
board of elections under section 3503.19 of the Revised Code, that
shows the name and address of the elector.
(7) A statement identifying the election for which absent
voter's ballots are requested;
(8) A statement that the person requesting the ballots is a
qualified elector;
(9) If the request is for primary election ballots, the
elector's party affiliation;
(10) A statement that the applicant bears a relationship to
the elector as specified in division (C) of this section;
(11) The address to which ballots shall be mailed or, the
telephone number to which ballots shall be sent by facsimile
machine, the electronic mail address to which ballots shall be
sent by electronic mail, or, if internet delivery is offered by
the board of elections or the secretary of state, the internet
contact information to which ballots shall be sent through
internet delivery;
(12) The signature and address of the person making the
application.
Each application for uniformed services or overseas absent
voter's ballots shall be delivered to the director not earlier
than the first day of January of the year of the elections for
which the uniformed services or overseas absent voter's ballots
are requested or not earlier than ninety days before the day of
the election at which the ballots are to be voted, whichever is
earlier, and not later than twelve noon of the third day preceding
the day of the election, or not later than the close of regular
business hours on the day before the day of the election at which
those ballots are to be voted if the application is delivered in
person to the office of the board.
(D) If the voter for whom the application is made is entitled
to vote for presidential and vice-presidential electors only, the
applicant shall submit to the director in addition to the
requirements of divisions (A), (B), and (C) of this section, a
statement to the effect that the voter is qualified to vote for
presidential and vice-presidential electors and for no other
offices.
Sec. 3511.021. (A)(1) The secretary of state shall establish
procedures that allow any person who is eligible to vote as a
uniformed services voter or an overseas voter in accordance with
42 U.S.C. 1973ff-6 to apply 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 for a uniformed
services or overseas absent voter's ballot.
(2) The procedures shall allow such a person who requests a
uniformed services or overseas absent voter's ballot application
to express a preference for the manner in which the person will
receive the requested application, whether by mail or
electronically, facsimile transmission, electronic mail, or, if
offered by the board of elections or the secretary of state,
through internet delivery. If the person completes and timely
returns the application and the applicant is eligible to receive a
ballot, the procedures shall allow the applicant to express a
preference for the manner in which the person will receive the
requested blank, unvoted ballots, whether by mail or
electronically, facsimile transmission, electronic mail, or, if
offered by the board of elections or the secretary of state,
through internet delivery. The requested items shall be
transmitted by the board of elections of the county in which the
person's voting residence is located by the preferred method. If
the requestor does not express a preferred method, the requested
items shall be delivered via standard mail.
(3) To the extent practicable, the procedures shall protect
the security and integrity of the ballot request and delivery
process, and protect the privacy of the identity and personal data
of the person when such applications and ballots are requested,
processed, and sent.
(4) No person shall return by electronic means to the
secretary of state, a board of elections, or any other entity a
completed or voted uniformed services or overseas absent voter's
ballot. If a ballot is so returned, the ballot shall not be
accepted, processed, or counted.
(B)(1) The secretary of state, in coordination with the
boards of elections, shall establish a free access system by which
an absent uniformed services voter or overseas voter may determine
the following:
(a) Whether that person's request for a uniformed services or
overseas absent voter's ballot was received and processed;
(b) If the person's request was received and processed, when
the uniformed services or overseas absent voter's ballot was sent;
(c) Whether any uniformed services or overseas absent voter's
ballot returned by that person has been received by election
officials;
(d) Whether the board of elections found any error on the
identification envelope containing the person's returned uniformed
services or overseas absent voter's ballot and, if so, how the
person may correct any error within ten days after the day of an
election; and
(e) Whether the person's uniformed services or overseas
absent voter's ballot was counted.
(2) The appropriate state or local election official shall
establish and maintain reasonable procedures necessary to protect
the security, confidentiality, and integrity of personal
information that is confidential under state or federal law that
is collected, stored, or otherwise used by the free access system
established under division (B) of this section. Access to
information about the votes cast on an individual ballot shall be
restricted to the person who cast the ballot. To the extent
practicable, the procedures shall protect the security and
integrity of the process and protect the privacy of the identity
and personal data of the person.
Sec. 3511.04. (A) If a director of a board of elections
receives an application for uniformed services or overseas absent
voter's ballots that does not contain all of the required
information, the director promptly shall notify the applicant of
the additional information required to be provided by the
applicant to complete that application.
(B) Not later than the forty-fifth day before the day of each
general or primary election, and at the earliest possible time
before the day of a special election held on a day other than the
day on which a general or primary election is held, the director
of the board of elections shall mail, send by facsimile machine,
send by electronic mail, send through internet delivery if such
delivery is offered by the board of elections or the secretary of
state, or otherwise send uniformed services or overseas absent
voter's ballots then ready for use as provided for in section
3511.03 of the Revised Code and for which the director has
received valid applications prior to that time. Thereafter, and
until twelve noon of the third day preceding the day of election,
the director shall promptly, upon receipt of valid applications
for them, mail, send by facsimile machine, send by electronic
mail, send through internet delivery if such delivery is offered
by the board of elections or the secretary of state, or otherwise
send to the proper persons all uniformed services or overseas
absent voter's ballots then ready for use.
If, after the seventieth day before the day of a general or
primary election, any other question, issue, or candidacy is
lawfully ordered submitted to the electors voting at the general
or primary election, the board shall promptly provide a separate
official issue, special election, or other election ballot for
submitting the question, issue, or candidacy to those electors,
and the director shall promptly mail or, send by facsimile
machine, send by electronic mail, send through internet delivery
if such delivery is offered by the board of elections or the
secretary of state, or otherwise send each such separate ballot to
each person to whom the director has previously mailed or sent by
facsimile machine other uniformed services or overseas absent
voter's ballots.
In mailing uniformed services or overseas absent voter's
ballots, the director shall use the fastest mail service
available, but the director shall not mail them by certified mail.
Sec. 3511.14. (A) A board of elections shall accept and
process federal write-in absentee ballots for all elections for
federal, state, or local office and for all ballot questions and
issues as required 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.
(B) A uniformed services or overseas voter may use the
declaration accompanying a federal write-in absentee ballot to
apply to register to vote simultaneously with the submission of
the federal write-in absentee ballot, if the declaration is
received not later than thirty days before the day of the
election. If the declaration is received after that date, the
declaration shall be considered an application to register to vote
for all subsequent elections.
Sec. 3511.15. If an international, national, state, or local
emergency or other situation arises that makes substantial
compliance with the "Uniformed and Overseas Citizens Absentee
Voting Act," 42 U.S.C. 1973ff, et seq., as amended, impossible or
impracticable, as confirmed by the existence of armed conflict
involving United States armed forces or the mobilization of those
forces, including Ohio national guard and reserve component
members of this state, or by the occurrence of a natural disaster
or the existence of a state of emergency, civil unrest, war, or
other exigency in a foreign country, or by an official declaration
by the governor that a state of emergency exists, the governor
directly, or by delegation to the secretary of state, may
prescribe, by emergency order or rule, a special procedure or
requirement as may be necessary to facilitate absent voting by
those absent uniformed services voters or overseas voters directly
affected who are eligible to vote in this state. The secretary of
state shall take reasonable steps to provide absent uniformed
services or overseas voters with timely notice of any special
procedure or requirement prescribed under this section.
Section 2. That existing sections 3511.02, 3511.021,
3511.04, and 3511.14 of the Revised Code are hereby repealed.
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