130th Ohio General Assembly
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H. B. No. 291  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 291


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:
(A) The elector's name;
(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:
(1) The elector's name;
(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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