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H. B. No. 291 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Stinziano, Reece
A BILL
To amend sections 3509.03 and 3509.031 of the Revised
Code to restore local control to Ohio's election
process and increase voter participation by
permitting an individual who wishes to vote by
absent voter's ballots to request those ballots
via electronic mail, through the internet, if
internet delivery is offered by a board of
elections or the Secretary of State, by permitting
a board of elections to mail unsolicited
applications for absent voter's ballots, and by
requiring the General Assembly to appropriate
funds, and requiring the Secretary of State to
reimburse boards, for costs incurred in sending
unsolicited applications for general elections
held in an even-numbered year.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3509.03 and 3509.031 of the Revised
Code be amended to read as follows:
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 elector may personally deliver the application to
the director or may mail it to the director, send it to the
director by electronic mail, through internet delivery if internet
delivery is offered by the board of elections or the secretary of
state. 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 may mail unsolicited applications for
absent voter's ballots to any person registered to vote in the
applicable county. The general assembly shall appropriate funds to
the secretary of state to pay costs incurred for mailing those
applications for a general election conducted in an even-numbered
year. The secretary of state shall use those funds to reimburse
the boards of elections for any costs the boards incur to mail
unsolicited applications for absent voter's ballots for a general
election conducted in an even-numbered year.
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 to the
director, send it by facsimile machine, or otherwise send it to
the director to the director by electronic mail, through internet
delivery if internet delivery is offered by the board of elections
or the secretary of state. 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 may mail unsolicited applications
for absent voter's ballots to any person registered to vote in the
applicable county. The general assembly shall appropriate funds to
the secretary of state to pay costs incurred for mailing those
applications for a general election conducted in an even-numbered
year. The secretary of state shall use those funds to reimburse
the boards of elections for any costs the boards incur to mail
unsolicited applications for absent voter's ballots for a general
election conducted in an even-numbered year.
Section 2. That existing sections 3509.03 and 3509.031 of
the Revised Code are hereby repealed.
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