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H. B. No. 76 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Foley, Murray, Goyal, Fedor, Antonio, Stinziano, Clyde, Heard, Ashford, Garland, Williams, O'Brien, Driehaus, Phillips
A BILL
To amend sections 3503.19, 3505.181, 3505.182, and
3505.183 of the Revised Code to require a
provisional ballot to be remade and counted for
the offices, questions, and issues for which the
provisional voter was eligible to vote, if the
election official assisting that provisional voter
failed to direct the provisional voter to the
correct precinct, and to revise the portion of the
provisional ballot affirmation required to be
completed by the election official.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3503.19, 3505.181, 3505.182, and
3505.183 of the Revised Code be amended to read as follows:
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
under 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), (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. 3505.181. (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) An individual who does not have any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code, who cannot provide the last four digits of
the individual's social security number under division (A)(2) of
that section because the individual does not have a social
security number, and who has executed an affirmation as permitted
under division (A)(4) of that section;
(5) 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 absent voter's ballot for that election and who
appears to vote at the polling place;
(6) 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) An individual who is challenged under section 3505.20 of
the Revised Code and the election officials determine that the
person is ineligible to vote or are unable to determine the
person's eligibility to vote;
(8) An individual whose application or challenge hearing has
been postponed until after the day of the election under division
(D)(1) of section 3503.24 of the Revised Code;
(9) 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, and completes and signs the required forms and
statements under division (B) or (C) of section 3503.16 of the
Revised Code;
(10) 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) 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.
(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.
(3) The election official shall accurately complete the poll
worker checklist portion of the affirmation in the individual's
presence, including identifying the individual's correct precinct
if the individual is not voting in the correct precinct.
(4) An election official at the polling place shall transmit
the ballot cast by the individual, 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)(5) of this section.
(4)(5) 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)(6)(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)(6)(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)(7) 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 whether identification
was 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)(4) of this section. If
the individual does not provide identification and 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)(4) of this section.
(7)(8) If an individual casts a provisional ballot pursuant
to division (A)(3), (7), (8), (12), or (13) of this section, the
election official shall indicate, on the provisional ballot
verification statement required under section 3505.182 of the
Revised Code, that the individual is required to provide
additional information to the board of elections or that an
application or challenge hearing has been postponed with respect
to the individual, such that additional information is required
for the board of elections to determine the eligibility of the
individual who cast the provisional ballot.
(8)(9) 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 may
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.
The election official also
shall note, on the poll worker checklist portion of the
affirmation, that the election official directed the individual to
the correct precinct and the location of the individual's correct
precinct.
(2) If the individual refuses to travel to the polling place
for the correct jurisdiction or to the office of the board of
elections to cast a ballot, 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 form of the written affirmation,
including the poll worker checklist, 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)" |
Poll Worker Checklist
The Provisional Ballot Affirmation of ................. (Print
voter's name) was subscribed and affirmed before me on
.....(Month) / .....(Day) / .....(Year).
1. Reason for voting provisionally – Why is this voter casting a
provisional ballot?
..... Voter's name does not appear on the official precinct
list
..... Voter requested an absent voter's ballot but did not
receive one
..... Voter is otherwise not eligible to cast a regular
ballot
2. ID – Did the voter present identification?
3. Additional information required? – Is the provisional voter
required to provide additional information to the Board of
Elections?
4. Voter information – Did you have the voter complete the voter's
portion of this envelope?
5. Correct precinct – Is the voter voting in his or her correct
precinct?
5a. If no, what is the voter's correct precinct?
.................................................
5b. Notice of correct precinct – Have you directed the voter
to go to the voter's correct precinct?
6. Name of this precinct (where voter has appeared to vote)
...............................
X..............................
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)(7) 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 records 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 following
information shall be included in the written affirmation in order
for the provisional ballot to be eligible to be counted:
(a) The individual's name and signature;
(b) A statement that the individual is a registered voter in
the jurisdiction in which the provisional ballot is being voted;
(c) 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)(9) 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)(9) 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)(a) If Except as otherwise provided in division (C) of
this section, 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)(9) 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) If a provisional voter cast a ballot in a precinct in
which the provisional voter is not registered and eligible to vote
and the election officials failed to direct the provisional voter
to the correct precinct, the election officials shall remake that
provisional voter's ballot. The election official who signed the
poll worker checklist for that provisional voter shall be deemed
to have failed to direct the provisional voter to the correct
precinct if the election official did not complete that checklist
or did not correctly complete that checklist.
(2) A board of elections that remakes a provisional ballot
under division (C)(1) of this section shall remake the provisional
ballot on a ballot for the appropriate precinct to reflect the
offices, questions, and issues for which the provisional voter was
eligible to cast a ballot and for which the provisional voter
attempted to cast a provisional ballot. The remade ballot shall be
counted for each office, question, and issue for which the
provisional voter was eligible to vote.
(D)(1) For each provisional ballot rejected under division
(B)(4) 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) 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)(E) Provisional ballots that the board determines are
eligible to be counted under division (B)(3) or (C) 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)(F)(1) Except as otherwise provided in division (E)(F)(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)(8) 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)(9) of section 3505.181 of the Revised Code, until
any hearing required to be conducted under section 3503.24 of the
Revised Code with regard to the provisional voter is held, or
until the eleventh day after the day of the election, whichever is
earlier.
Section 2. That existing sections 3503.19, 3505.181,
3505.182, and 3505.183 of the Revised Code are hereby repealed.
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