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H. B. No. 305 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsor:
Representative Hood
A BILL
To amend sections 3501.01, 3503.10, 3503.11, 3503.14,
3503.15, 3503.16, 3503.19, 3503.23, 3505.181,
3505.182, 3505.183, 3509.03, 3511.02, 3513.05,
3513.18, 3513.19, 3513.191, 3513.192, 3517.013,
3599.02, 3599.11, 3599.18, and 4507.06; to repeal
sections 3513.20, 3517.014, 3517.015, and 3517.016
of the Revised Code; and to amend the version of
section 4507.06 of the Revised Code that is
scheduled to take effect January 1, 2017, to
continue the provisions of this act on and after
that effective date to require that an elector's
political party affiliation be determined by the
party the elector indicated on the elector's voter
registration form and to specify that currently
registered electors retain their current party
affiliations unless they update their
registrations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.01, 3503.10, 3503.11, 3503.14,
3503.15, 3503.16, 3503.19, 3503.23, 3505.181, 3505.182, 3505.183,
3509.03, 3511.02, 3513.05, 3513.18, 3513.19, 3513.191, 3513.192,
3517.013, 3599.02, 3599.11, 3599.18, and 4507.06 of the Revised
Code be amended to read as follows:
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 is
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 is
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 and addiction services, the department of developmental
disabilities, the opportunities for Ohioans with disabilities
agency, 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. 3503.10. (A) Each designated agency shall designate one
person within that agency to serve as coordinator for the voter
registration program within the agency and its departments,
divisions, and programs. The designated person shall be trained
under a program designed by the secretary of state and shall be
responsible for administering all aspects of the voter
registration program for that agency as prescribed by the
secretary of state. The designated person shall receive no
additional compensation for performing such duties.
(B) Every designated agency, public high school and
vocational school, public library, and office of a county
treasurer shall provide in each of its offices or locations voter
registration applications and assistance in the registration of
persons qualified to register to vote, in accordance with this
chapter.
(C) Every designated agency shall distribute to its
applicants, prior to or in conjunction with distributing a voter
registration application, a form prescribed by the secretary of
state that includes all of the following:
(1) The question, "Do you want to register to vote or update
your current voter registration?"--followed by boxes for the
applicant to indicate whether the applicant would like to register
or decline to register to vote, and the statement, highlighted in
bold print, "If you do not check either box, you will be
considered to have decided not to register to vote at this time.";
(2) If the agency provides public assistance, the statement,
"Applying to register or declining to register to vote will not
affect the amount of assistance that you will be provided by this
agency.";
(3) The statement, "If you would like help in filling out the
voter registration application form, we will help you. The
decision whether to seek or accept help is yours. You may fill out
the application form in private.";
(4) The statement, "If you believe that someone has
interfered with your right to register or to decline to register
to vote, your right to privacy in deciding whether to register or
in applying to register to vote, or your right to choose your own
political party or other political preference, you may file a
complaint with the prosecuting attorney of your county or with the
secretary of state," with the address and telephone number for
each such official's office.
(D) Each designated agency shall distribute a voter
registration form prescribed by the secretary of state to each
applicant with each application for service or assistance, and
with each written application or form for recertification,
renewal, or change of address.
(E) Each designated agency shall do all of the following:
(1) Have employees trained to administer the voter
registration program in order to provide to each applicant who
wishes to register to vote and who accepts assistance, the same
degree of assistance with regard to completion of the voter
registration application as is provided by the agency with regard
to the completion of its own form;
(2) Accept completed voter registration applications, voter
registration change of residence forms, and voter registration
change of name forms, and voter registration change of political
party affiliation forms, regardless of whether the application or
form was distributed by the designated agency, for transmittal to
the office of the board of elections in the county in which the
agency is located. Each designated agency and the appropriate
board of elections shall establish a method by which the voter
registration applications and other voter registration forms are
transmitted to that board of elections within five days after
being accepted by the agency.
(3) If the designated agency is one that is primarily engaged
in providing services to persons with disabilities under a
state-funded program, and that agency provides services to a
person with disabilities at a person's home, provide the services
described in divisions (E)(1) and (2) of this section at the
person's home;
(4) Keep as confidential, except as required by the secretary
of state for record-keeping purposes, the identity of an agency
through which a person registered to vote or updated the person's
voter registration records, and information relating to a
declination to register to vote made in connection with a voter
registration application issued by a designated agency.
(F) The secretary of state shall prepare and transmit written
instructions on the implementation of the voter registration
program within each designated agency, public high school and
vocational school, public library, and office of a county
treasurer. The instructions shall include directions as follows:
(1) That each person designated to assist with voter
registration maintain strict neutrality with respect to a person's
political philosophies, a person's right to register or decline to
register, and any other matter that may influence a person's
decision to register or not register to vote;
(2) That each person designated to assist with voter
registration not seek to influence a person's decision to register
or not register to vote, not display or demonstrate any political
preference or party allegiance, and not make any statement to a
person or take any action the purpose or effect of which is to
lead a person to believe that a decision to register or not
register has any bearing on the availability of services or
benefits offered, on the grade in a particular class in school, or
on credit for a particular class in school;
(3) Regarding when and how to assist a person in completing
the voter registration application, what to do with the completed
voter registration application or voter registration update form,
and when the application must be transmitted to the appropriate
board of elections;
(4) Regarding what records must be kept by the agency and
where and when those records should be transmitted to satisfy
reporting requirements imposed on the secretary of state under the
National Voter Registration Act of 1993;
(5) Regarding whom to contact to obtain answers to questions
about voter registration forms and procedures.
(G) If the voter registration activity is part of an in-class
voter registration program in a public high school or vocational
school, whether prescribed by the secretary of state or
independent of the secretary of state, the board of education
shall do all of the following:
(1) Establish a schedule of school days and hours during
these days when the person designated to assist with voter
registration shall provide voter registration assistance;
(2) Designate a person to assist with voter registration from
the public high school's or vocational school's staff;
(3) Make voter registration applications and materials
available, as outlined in the voter registration program
established by the secretary of state pursuant to section 3501.05
of the Revised Code;
(4) Distribute the statement, "applying to register or
declining to register to vote, or registering as affiliated with a
particular political party or registering to vote and remaining
unaffiliated, will not affect or be a condition of your receiving
a particular grade in or credit for a school course or class,
participating in a curricular or extracurricular activity,
receiving a benefit or privilege, or participating in a program or
activity otherwise available to pupils enrolled in this school
district's schools.";
(5) Establish a method by which the voter registration
application and other voter registration forms are transmitted to
the board of elections within five days after being accepted by
the public high school or vocational school.
(H) Any person employed by the designated agency, public high
school or vocational school, public library, or office of a county
treasurer may be designated to assist with voter registration
pursuant to this section. The designated agency, public high
school or vocational school, public library, or office of a county
treasurer shall provide the designated person, and make available
such space as may be necessary, without charge to the county or
state.
(I) The secretary of state shall prepare and cause to be
displayed in a prominent location in each designated agency a
notice that identifies the person designated to assist with voter
registration, the nature of that person's duties, and where and
when that person is available for assisting in the registration of
voters.
A designated agency may furnish additional supplies and
services to disseminate information to increase public awareness
of the existence of a person designated to assist with voter
registration in every designated agency.
(J) This section does not limit any authority a board of
education, superintendent, or principal has to allow, sponsor, or
promote voluntary election registration programs within a high
school or vocational school, including programs in which pupils
serve as persons designated to assist with voter registration,
provided that no pupil is required to participate.
(K) Each public library and office of the county treasurer
shall establish a method by which voter registration forms are
transmitted to the board of elections within five days after being
accepted by the public library or office of the county treasurer.
(L) The department of job and family services and its
departments, divisions, and programs shall limit administration of
the aspects of the voter registration program for the department
to the requirements prescribed by the secretary of state and the
requirements of this section and the National Voter Registration
Act of 1993.
Sec. 3503.11. When any person applies for a driver's
license, commercial driver's license, a state of Ohio
identification card issued under section 4507.50 of the Revised
Code, or motorcycle operator's license or endorsement, or the
renewal or duplicate of any license or endorsement under Chapter
4506. or 4507. of the Revised Code, the registrar of motor
vehicles or deputy registrar shall offer the applicant the
opportunity to register to vote or to update the applicant's voter
registration. The registrar of motor vehicles or deputy registrar
also shall make available to all other customers voter
registration applications and change of residence and, change of
name, and change of political party affiliation forms, but is not
required to offer assistance to these customers in completing a
voter registration application or other form.
The registrar or deputy registrar shall send any completed
registration application or any completed change of residence or,
change of name, or change of political party affiliation form to
the board of elections of the county in which the office of the
registrar or deputy registrar is located, within five days after
accepting the application or other form.
The registrar shall collect from each deputy registrar
through the reports filed under division (J) of section 4503.03 of
the Revised Code and transmit to the secretary of state
information on the number of voter registration applications and
change of residence or, change of name, or change of political
party affiliation forms completed or declined, and any additional
information required by the secretary of state to comply with the
National Voter Registration Act of 1993. No information relating
to an applicant's decision to decline to register or update the
applicant's voter registration at the office of the registrar or
deputy registrar may be used for any purpose other than voter
registration record-keeping required by the secretary of state,
and all such information shall be kept confidential.
The secretary of state shall prescribe voter registration
applications and change of residence and, change of name, and
change of political party affiliation forms for use by the bureau
of motor vehicles. The bureau of motor vehicles shall supply all
of its deputy registrars with a sufficient number of voter
registration applications and change of residence and, change of
name, and change of political party affiliation forms.
Sec. 3503.14. (A) The secretary of state shall prescribe the
form and content of the registration, change of residence, and
change of name, and change of political party affiliation 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 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 list of the political
parties that are recognized in this state at the time the form is
printed, accompanied by boxes for the applicant to check to select
a party with which the applicant wishes to be affiliated. The form
also shall include a space for the applicant to write the name of
a recognized political party that is not listed on the form, if
the applicant wishes to be affiliated with that party, and a box
for the applicant to check to indicate that the applicant does not
wish to be affiliated with a political party. The form shall
instruct the applicant to select or write the name of only one
recognized political party and shall state that the applicant is
not required to select a political party. If the applicant does
not select or write the name of a recognized political party with
which the applicant wishes to be affiliated, or if the applicant
indicates that the applicant does not wish to be affiliated with a
political party, the applicant, upon registration, shall not be
affiliated with any political party.
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, or political party affiliation.
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,
or political party affiliation.
(D) No registration, change of residence, or change of name,
or change of political party affiliation 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) The secretary of state shall establish and
maintain a statewide voter registration database that shall be
continuously available to each board of elections and to other
agencies as authorized by law.
(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.
(E) A board of elections promptly shall purge a voter's name
and voter registration information 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 political party affiliation, if any;
(v) 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, or wishes to change the elector's political party
affiliation, that registered elector shall report the change by
delivering a change of residence or, change of name, or change of
political party affiliation 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, or change of political party affiliation 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, or change of political party affiliation 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. A
registered elector may file a change of name or change of address
form, but not a change of political party affiliation form, on the
day of a primary election at those places.
(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, 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 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, completing and signing a notice of a
change of name, 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 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, 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, 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, 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 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 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 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 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 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;
(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 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,
or change of political party affiliation form, the board of
elections shall immediately send the registrant an acknowledgment
notice. If the change of residence or, change of name, or change
of political party affiliation 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 Except as otherwise provided in this division,
change of residence and, change of name, and change of political
party affiliation forms shall be available at each polling place,
and when these forms are completed, noting changes of residence
or, name, or political party affiliation, as appropriate, they
shall be filed with election officials at the polling place.
Change of political party affiliation forms shall not be available
at polling places on the day of a primary election. 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, and change of political party affiliation 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 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. 3503.19. (A) Persons qualified to register or to change
their registration because of a change of address or, change of
name, or change of political party affiliation 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, except that a registered elector may
not change the elector's political party affiliation on the day of
a primary election.
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.
An otherwise valid application to change a registered
elector's political party affiliation 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 not later than the thirtieth day
preceding a primary election for the elector to qualify as
affiliated with the elector's new political party for the purpose
of voting at the party's primary election. An otherwise valid
change of political party affiliation form received after that day
entitles the elector to vote at the elector's new political
party's subsequent primary 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, or change of
political party affiliation 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.
An otherwise valid application to change a registered
elector's political party affiliation that is returned by mail to
the office of the secretary of state or to the office of a board
of elections must be postmarked not later than the thirtieth day
preceding a primary election for the elector to qualify as
affiliated with the elector's new political party for the purpose
of voting at the party's primary election. If an otherwise valid
application to change a registered elector's political party
affiliation that is returned by mail does not bear a postmark or a
legible postmark, the application shall be valid for that primary
election if received by the office of the secretary of state or
the office of a board of elections not later than twenty-five days
preceding the primary 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 political party, if any, with which the applicant is
registered as affiliated;
(c) The precinct in which the applicant is to vote;
(c)(d) 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, 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
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), (v), or (vi), or (vii) 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. 3503.23. (A) Fourteen days before an election, the
board of elections shall cause to be prepared from the statewide
voter registration database established under section 3503.15 of
the Revised Code a complete and official registration list for
each precinct, containing the names, addresses, and political
party whose ballot the elector voted in the most recent primary
election within the current year and the immediately preceding two
calendar years, affiliations of all qualified registered voters in
the precinct. All
An elector's political party affiliation shall be determined
based on the elector's registration form or most recent change of
political party affiliation form. If the elector was registered
before the effective date of this amendment, the elector's
registration form shall be deemed to indicate an affiliation with
the political party whose ballot the elector voted at the most
recent primary election within the year of that effective date and
the immediately preceding two calendar years.
All the names, insofar as practicable, shall be arranged in
alphabetical order. The lists may be prepared either in sheet form
on one side of the paper or in electronic form, at the discretion
of the board. Each precinct list shall be headed "Register of
Voters," and under the heading shall be indicated the district or
ward and precinct.
Appended to each precinct list shall be attached the names of
the members of the board and the name of the director. A
sufficient number of such lists shall be provided for distribution
to the candidates, political parties, or organized groups that
apply for them. The board shall have each precinct list available
at the board for viewing by the public during normal business
hours. The board shall ensure that, by the opening of the polls on
the day of a general or primary election, each precinct has a
paper copy of the registration list of voters in that precinct.
(B) On the day of a general or primary election, precinct
election officials shall do both of the following:
(1) By the time the polls open, conspicuously post and
display at the polling place one copy of the registration list of
voters in that precinct in an area of the polling place that is
easily accessible;
(2) At 11 a.m. and 4 p.m. place a mark, on the official
registration list posted at the polling place, before the name of
those registered voters who have voted.
(C) Notwithstanding division (B) of section 3501.35 of the
Revised Code, any person may enter the polling place for the sole
purpose of reviewing the official registration list posted in
accordance with division (B) of this section, provided that the
person does not engage in conduct that would constitute harassment
in violation of the election law, as defined in section 3501.90 of
the Revised Code.
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
3513.19 of the Revised Code who refuses to make the statement
required under that section or who because a majority of the
precinct officials find that the individual lacks any of the
qualifications to make the individual a qualified elector or
because the individual's name does not appear in the poll list as
affiliated with the political party whose ballot the individual
seeks 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) 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) 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)(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 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) 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) 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 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 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.
(F) Nothing in this section or section 3505.183 of the
Revised Code is in derogation of section 3505.24 of the Revised
Code, which permits a blind, disabled, or illiterate elector to
receive assistance in the marking of the elector's ballot by two
precinct election officials of different political parties. A
blind, disabled, or illiterate elector may receive assistance in
marking that elector's provisional ballot and in completing the
required affirmation in the same manner as an elector may receive
assistance on the day of an election under that section.
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 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.
If this election is a primary election, I
swear or affirm that I am registered as affiliated with the
political party whose ballot I am voting.
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 applicable, registered
as affiliated with the political party whose primary election
ballot I have voted, 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 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) |
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The political party with which the voter is registered as affiliated . . . . . . . . . . . . . . . (To be provided if the provisional ballot is a primary election ballot.)
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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 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.)
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Reason for voting provisional ballot (Check one):
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..... Requested, but did not receive, absent voter's ballot
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..... Other
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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 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
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
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)" |
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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 records and
determine whether the individual who cast the provisional ballot
is registered and eligible to vote in the applicable election and,
if the election is a primary election, whether the individual who
cast the provisional ballot is registered as affiliated with the
political party whose ballot the individual has voted. 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;
(d) If the election is a primary election, a statement that
the individual is registered as affiliated with the political
party whose ballot the individual has 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 and comparing the information required under division
(B)(1) of this section with the elector's information in the
statewide voter registration database, 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) If the election is a primary election, the individual
named on the affirmation is registered as affiliated with the
political party whose ballot the individual has voted.
(d) 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)(e) The last four digits of the elector's social security
number or the elector's driver's license number or state
identification number are not different from the last four digits
of the elector's social security number or the elector's driver's
license number or state identification number contained in the
statewide voter registration database.
(e)(f) 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.
(f)(g) 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, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this
section and comparing the information required under division
(B)(1) of this section with the elector's information in the
statewide voter registration database, 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) If the election is a primary election, the individual
named on the affirmation is not registered as affiliated with the
political party whose ballot the individual has voted.
(iv) 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)(v) The individual has already cast a ballot for the
election in which the individual cast the provisional ballot.
(v)(vi) 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)(vii) 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)(viii) 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 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.
(viii)(ix) The last four digits of the elector's social
security number or the elector's driver's license number or state
identification number are different from the last four digits of
the elector's social security number or the elector's driver's
license number or state identification number contained in the
statewide voter registration database.
(b) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this
section and comparing the information required under division
(B)(1) of this section with the elector's information in the
statewide voter registration database, the board is unable to
determine either any of the following are true, the provisional
ballot envelope shall not be opened, and the ballot shall not be
counted:
(i) Whether The board is unable to determine whether the
individual named on the affirmation is qualified or properly
registered to vote;
(ii) Whether The board is unable to determine 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;
(iii) If the election is a primary election, the board is
unable to determine whether the individual named on the
affirmation is registered as affiliated with the political party
whose ballot the individual has voted.
(C)(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) Provisional ballots that the board determines are
eligible to be counted under division (B)(3) 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) 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, 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. 3509.03. Except as provided in 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
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:
(1) The political party affiliation with which the elector is
registered as affiliated; or
(2) A statement that the elector wishes to vote only for the
questions and issues appearing on the ballot in a special election
held on the day of the primary election;
and
(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 six p.m. on the last Friday 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.
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 3511.011 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
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, or a statement that the elector's parent or legal guardian
resided in this state long enough to establish residency for
voting purposes immediately preceding leaving the United States,
whichever is applicable;
(10) If the request is for primary election ballots, the
elector's:
(a) The political party affiliation with which the elector is
registered as affiliated; or
(2) A statement that the elector wishes to vote only for the
questions and issues appearing on the ballot in a special election
held on the day of the primary election;
(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, or a statement that the elector's parent or legal guardian
resided in this state long enough to establish residency for
voting purposes 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
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:
(a) The political party affiliation with which the elector is
registered as affiliated; or
(2) A statement that the elector wishes to vote only for the
questions and issues appearing on the ballot in a special election
held on the day of the primary election;
(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, 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 six p.m. on the last
Friday 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. 3513.05. Each person desiring to become a candidate for
a party nomination or for election to an office or position to be
voted for at a primary election, except persons desiring to become
joint candidates for the offices of governor and lieutenant
governor and except as otherwise provided in section 3513.051 of
the Revised Code, shall, not later than four p.m. of the ninetieth
day before the day of the primary election, file a declaration of
candidacy and petition and pay the fees required under divisions
(A) and (B) of section 3513.10 of the Revised Code. The
declaration of candidacy and all separate petition papers shall be
filed at the same time as one instrument. When the offices are to
be voted for at a primary election, persons desiring to become
joint candidates for the offices of governor and lieutenant
governor shall, not later than four p.m. of the ninetieth day
before the day of the primary election, comply with section
3513.04 of the Revised Code. The prospective joint candidates'
declaration of candidacy and all separate petition papers of
candidacies shall be filed at the same time as one instrument. The
secretary of state or a board of elections shall not accept for
filing a declaration of candidacy and petition of a person seeking
to become a candidate if that person, for the same election, has
already filed a declaration of candidacy or a declaration of
intent to be a write-in candidate, or has become a candidate by
the filling of a vacancy under section 3513.30 of the Revised Code
for any federal, state, or county office, if the declaration of
candidacy is for a state or county office, or for any municipal or
township office, if the declaration of candidacy is for a
municipal or township office.
If the declaration of candidacy declares a candidacy which is
to be submitted to electors throughout the entire state, the
petition, including a petition for joint candidates for the
offices of governor and lieutenant governor, shall be signed by at
least one thousand qualified electors who are members of the same
political party as the candidate or joint candidates, and the
declaration of candidacy and petition shall be filed with the
secretary of state; provided that the secretary of state shall not
accept or file any such petition appearing on its face to contain
signatures of more than three thousand electors.
Except as otherwise provided in this paragraph, if the
declaration of candidacy is of one that is to be submitted only to
electors within a district, political subdivision, or portion
thereof, the petition shall be signed by not less than fifty
qualified electors who are members of the same political party as
the political party of which the candidate is a member. If the
declaration of candidacy is for party nomination as a candidate
for member of the legislative authority of a municipal corporation
elected by ward, the petition shall be signed by not less than
twenty-five qualified electors who are members of the political
party of which the candidate is a member.
No such petition, except the petition for a candidacy that is
to be submitted to electors throughout the entire state, shall be
accepted for filing if it appears to contain on its face
signatures of more than three times the minimum number of
signatures. When a petition of a candidate has been accepted for
filing by a board of elections, the petition shall not be deemed
invalid if, upon verification of signatures contained in the
petition, the board of elections finds the number of signatures
accepted exceeds three times the minimum number of signatures
required. A board of elections may discontinue verifying
signatures on petitions when the number of verified signatures
equals the minimum required number of qualified signatures.
If the declaration of candidacy declares a candidacy for
party nomination or for election as a candidate of an intermediate
or minor party, the minimum number of signatures on such petition
is one-half the minimum number provided in this section, except
that, when the candidacy is one for election as a member of the
state central committee or the county central committee of a
political party, the minimum number shall be the same for an
intermediate or minor party as for a major party.
If a declaration of candidacy is one for election as a member
of the state central committee or the county central committee of
a political party, the petition shall be signed by five qualified
electors of the district, county, ward, township, or precinct
within which electors may vote for such candidate. The electors
signing such petition shall be members of the same political party
as the political party of which the candidate is a member.
For purposes of signing or circulating a petition of
candidacy for party nomination or election, an elector is
considered to be a member of a political party if the elector
voted in that party's primary election within the preceding two
calendar years, or if the elector did not vote in any other
party's primary election within the preceding two calendar years
elector's voter registration record indicates that the elector is
affiliated with that political party.
If the declaration of candidacy is of one that is to be
submitted only to electors within a county, or within a district
or subdivision or part thereof smaller than a county, the petition
shall be filed with the board of elections of the county. If the
declaration of candidacy is of one that is to be submitted only to
electors of a district or subdivision or part thereof that is
situated in more than one county, the petition shall be filed with
the board of elections of the county within which the major
portion of the population thereof, as ascertained by the next
preceding federal census, is located.
A petition shall consist of separate petition papers, each of
which shall contain signatures of electors of only one county.
Petitions or separate petition papers containing signatures of
electors of more than one county shall not thereby be declared
invalid. In case petitions or separate petition papers containing
signatures of electors of more than one county are filed, the
board shall determine the county from which the majority of
signatures came, and only signatures from such county shall be
counted. Signatures from any other county shall be invalid.
Each separate petition paper shall be circulated by one
person only, who shall be the candidate or a joint candidate or a
member of the same political party as the candidate or joint
candidates, and each separate petition paper shall be governed by
the rules set forth in section 3501.38 of the Revised Code.
The secretary of state shall promptly transmit to each board
such separate petition papers of each petition accompanying a
declaration of candidacy filed with the secretary of state as
purport to contain signatures of electors of the county of such
board. The board of the most populous county of a district shall
promptly transmit to each board within such district such separate
petition papers of each petition accompanying a declaration of
candidacy filed with it as purport to contain signatures of
electors of the county of each such board. The board of a county
within which the major portion of the population of a subdivision,
situated in more than one county, is located, shall promptly
transmit to the board of each other county within which a portion
of such subdivision is located such separate petition papers of
each petition accompanying a declaration of candidacy filed with
it as purport to contain signatures of electors of the portion of
such subdivision in the county of each such board.
All petition papers so transmitted to a board and all
petitions accompanying declarations of candidacy filed with a
board shall, under proper regulations, be open to public
inspection until four p.m. of the eightieth day before the day of
the next primary election. Each board shall, not later than the
seventy-eighth day before the day of that primary election,
examine and determine the validity or invalidity of the signatures
on the petition papers so transmitted to or filed with it and
shall return to the secretary of state all petition papers
transmitted to it by 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 board,
together with its certification of its determination as to the
validity or invalidity of the 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.
Protests against the candidacy of any person filing a
declaration of candidacy for party nomination or for election to
an office or position, as provided in this section, may be filed
by any qualified elector who is a member of the same political
party as the candidate and who is eligible to vote at the primary
election for the candidate whose declaration of candidacy the
elector objects to, or by the controlling committee of that
political party. The protest shall be in writing, and shall be
filed not later than four p.m. of the seventy-fourth day before
the day of the primary election. The protest shall be filed with
the election officials with whom the declaration of candidacy and
petition was filed. Upon the filing of the protest, the election
officials with whom it is filed shall promptly fix the time for
hearing it, and shall forthwith mail notice of the filing of the
protest and the time fixed for hearing to the person whose
candidacy is so protested. They shall also forthwith mail notice
of the time fixed for such 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
declaration of candidacy and petition. If they find that such
candidate is not an elector of the state, district, county, or
political subdivision in which the candidate seeks a party
nomination or election to an office or position, or has not fully
complied with this chapter, the candidate's declaration of
candidacy and petition shall be determined to be invalid and shall
be rejected; otherwise, it shall be determined to be valid. That
determination shall be final.
A protest against the candidacy of any persons filing a
declaration of candidacy for joint party nomination to the offices
of governor and lieutenant governor shall be filed, heard, and
determined in the same manner as a protest against the candidacy
of any person filing a declaration of candidacy singly.
The secretary of state shall, on the seventieth day before
the day of a primary election, certify to each board in the state
the forms of the official ballots to be used at the primary
election, together with the names of the candidates to be printed
on the ballots whose nomination or election is to be determined by
electors throughout the entire state and who filed valid
declarations of candidacy and petitions.
The board of the most populous county in a district comprised
of more than one county but less than all of the counties of the
state shall, on the seventieth day before the day of a primary
election, certify to the board of each county in the district the
names of the candidates to be printed on the official ballots to
be used at the primary election, whose nomination or election is
to be determined only by electors within the district and who
filed valid declarations of candidacy and petitions.
The board of a county within which the major portion of the
population of a subdivision smaller than the county and situated
in more than one county is located shall, on the seventieth day
before the day of a primary election, certify to the board of each
county in which a portion of that subdivision is located the names
of the candidates to be printed on the official ballots to be used
at the primary election, whose nomination or election is to be
determined only by electors within that subdivision and who filed
valid declarations of candidacy and petitions.
Sec. 3513.18. Party primaries shall be held at the same
place and time, but there shall be separate pollbooks, tally
sheets, and ballot boxes provided at each polling place for each
party participating in the election, and the ballot of each voter
shall be placed in the ballot box of the party with which he the
voter is affiliated. Each ballot box shall be plainly marked with
the name of the political party whose ballots are to be placed
therein, by letters pasted or printed thereon or by a card
attached thereto, or both, and so placed that the designation may
be easily seen and read by the voter.
If a special election on a question or issue is held on the
day of a primary election, there shall be provided in the
pollbooks pages on which shall be recorded the names of all
electors voting on said question or issue and not voting in such
primary. It shall not be necessary for electors desiring to vote
only on the question or issue to declare their be affiliated with
a political
affiliation party.
Sec. 3513.19. (A) It is the duty of any judge of elections,
whenever any judge of elections doubts that a person attempting to
vote at a primary election is legally entitled to vote at that
election, to challenge the right of that person to vote. The right
of a person to vote at a primary election may be challenged upon
the following grounds:
(1) That the person whose right to vote is challenged is not
a legally qualified elector;
(2) That the person has received or has been promised some
valuable reward or consideration for the person's vote;
(3) That the person is not affiliated with or is not a member
of the political party whose ballot the person desires to vote.
Such party affiliation shall be determined by examining the
elector's voting registration record for the current year and the
immediately preceding two calendar years as shown on the voter's
registration card, using the standards of affiliation specified in
the seventh paragraph of section 3513.05 of the Revised Code.
Division (A)(3) of this section and the seventh paragraph of
section 3513.05 of the Revised Code do not prohibit a person who
holds an elective office for which candidates are nominated at a
party primary election from doing any of the following:
(a) If the person voted as a member of a different political
party at any primary election within the current year and the
immediately preceding two calendar years, being a candidate for
nomination at a party primary held during the times specified in
division (C)(2) of section 3513.191 of the Revised Code provided
that the person complies with the requirements of that section;
(b) Circulating the person's own petition of candidacy for
party nomination in the primary election.
(B) When the right of a person to vote is challenged upon the
ground set forth in division (A)(3) of this section, membership in
or political affiliation with a political party shall be
determined by the person's statement, made under penalty of
election falsification, that the person desires to be affiliated
with and supports the principles of the political party whose
primary ballot the person desires to vote If a majority of the
precinct officials finds that the person lacks any of the
qualifications required to make the person a qualified elector, or
if the person's name does not appear in the poll list as
affiliated with the political party whose ballot the person seeks
to vote, the person shall be permitted to cast a provisional
ballot under section 3505.181 of the Revised Code.
Sec. 3513.191. (A) No person shall be a candidate for
nomination or election at a party primary if the person voted as a
member of a different political party at any primary election
within the current year and the immediately preceding two calendar
years person's voter registration record does not indicate that
the person is affiliated with that political party.
(B) Notwithstanding division (A) of this section, either of
the following persons may be candidates for nomination of any
political party at a party primary:
(1) A person who does not hold an elective office;
(2) A person who holds an elective office other than one for
which candidates are nominated at a party primary.
(C)(1) Notwithstanding division (A) of this section, a A
person who holds an elective office for which candidates are
nominated at a party primary may be a candidate at a primary
election held during the times specified in division (C)(2)(B)(3)
of this section for nomination as a candidate of a political party
of which the person is prohibited from being a candidate for
nomination under division (A) of this section other than the party
that most recently nominated the person as a candidate for the
office the person currently holds, only if the person files:
(a) Registers to vote as a member of the person's new
political party;
(b) Files a declaration of intent to seek the nomination of
that the person's new party and if, by filing the declaration, the
person has; and
(c) Has not violated division (C)(3)(B)(4) of this section.
The
(2) The declaration of intent shall:
(a) Be filed not later than four p.m. of the thirtieth day
before a declaration of candidacy and petition is required to be
filed under section 3513.05 of the Revised Code;
(b) Be filed with the same official with whom the person
filing the declaration of intent is required to file a declaration
of candidacy and petition;
(c) Indicate the political party whose nomination in the
primary election the person seeks;
(d) Be on a form prescribed by the secretary of state.
(2)(3) No person filing a declaration of intent under
division (C)(B)(1) of this section shall be a candidate at any
primary election for nomination for an elective office for which
candidates are nominated at a party primary during the calendar
year in which the person files the declaration or during the next
calendar year except as a candidate of the party indicated under
division (C)(1)(B)(2)(c) of this section.
(3)(4) No person who files a declaration of intent under
division
(C)(B)(1) of this section shall file another such
declaration for a period of ten years after the declaration is
filed.
(4) Notwithstanding the seventh paragraph of section 3513.05
of the Revised Code, a person who complies with this section may
circulate that person's own petition of candidacy for party
nomination at the party primary at which the person seeks
nomination under this section.
Sec. 3513.192. Any candidate nominated at a party primary
election who, before that primary election, registers as
affiliated with and votes in that primary election as a member of
a political party different from the party that nominated the
candidate shall forfeit the nomination, and the vacancy so created
shall be filled in accordance with section 3513.31 of the Revised
Code.
Sec. 3517.013. Section Division (B) of section 3513.191 of
the Revised Code does not apply to persons desiring to become
candidates for party nomination of a newly formed political party
meeting the requirements of sections 3517.011 and 3517.012 of the
Revised Code for a period of four calendar years from the date of
the party formation.
Sec. 3599.02. No person shall before, during, or after any
primary, general, or special election or convention solicit,
request, demand, receive, or contract for any money, gift, loan,
property, influence, position, employment, or other thing of value
for that person or for another person for doing any of the
following:
(A) Registering or refraining from registering to vote;
(B) Agreeing to register or to refrain from registering to
vote;
(C) Agreeing to vote or to refrain from voting;
(D) Voting or refraining from voting at any primary, general,
or special election or convention for a particular person,
question, or issue;
(E) Registering or voting, or refraining from registering or
voting, or voting or refraining from voting for a particular
person, question, or issue;
(F) Registering, or refraining from registering, as
affiliated with a political party.
Whoever violates this section is guilty of bribery, a felony
of the fourth degree, and shall be disfranchised and excluded from
holding any public office for five years immediately following
such conviction.
Sec. 3599.11. (A) No person shall knowingly register do any
of the following:
(1) Knowingly register or make application or attempt to
register in a precinct in which the person is not a qualified
voter or as affiliated with a political party with which the
person does not desire to be affiliated or whose principles the
person does not support; or knowingly aid or abet any person to so
register; or attempt to register or knowingly induce or attempt to
induce any person to so register; or knowingly
(2) Knowingly impersonate another or write or assume the name
of another, real or fictitious, in registering or attempting to
register; or by
(3) By false statement or other unlawful means procure, aid,
or attempt to procure the erasure or striking out on the register
or duplicate list of the name of a qualified elector therein; or
knowingly
(4) Knowingly induce or attempt to induce a registrar or
other election authority to refuse registration in a precinct to
an elector thereof; or knowingly
(5) Knowingly swear or affirm falsely upon a lawful
examination by or before any registering officer; or make
(6) Make, print, or issue any false or counterfeit
certificate of registration or knowingly alter any certificate of
registration.
No person shall knowingly;
(7) Knowingly register under more than one name or knowingly
induce any person to so register.
No person shall knowingly; or
(8) Knowingly make any false statement on any form for
registration or change of registration or upon any application or
return envelope for an absent voter's ballot.
Whoever violates this division (A) of this section is guilty
of a felony of the fifth degree.
(B)(1) No person who helps another person register outside an
official voter registration place shall knowingly destroy, or
knowingly help another person to destroy, any completed
registration form.
Whoever violates this division is guilty of election
falsification, a felony of the fifth degree.
(2)(a) No person who helps another person register outside an
official voter registration place shall knowingly fail to return
any registration form entrusted to that person to any board of
elections or the office of the secretary of state within ten days
after that regsitration registration form is completed, or on or
before the thirtieth day before the election, whichever day is
earlier, unless the registration form is received by the person
within twenty-four hours of the thirtieth day before the election,
in which case the person shall return the registration form to any
board of elections or the office of the secretary of state within
ten days of its receipt.
Whoever violates this division is guilty of election
falsification, a felony of the fifth degree, unless the person has
not previously been convicted of a violation of division
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the
violation of this division does not cause any person to miss any
voter registration deadline with regard to any election, and the
number of voter registration forms that the violator has failed to
properly return does not exceed forty-nine, in which case the
violator is guilty of a misdemeanor of the first degree.
(b) Subject to division (C)(2) of this section, no person who
helps another person register outside an official registration
place shall knowingly return any registration form entrusted to
that person to any location other than any board of elections or
the office of the secretary of state.
Whoever violates this division is guilty of election
falsification, a felony of the fifth degree, unless the person has
not previously been convicted of a violation of division
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the
violation of this division does not cause any person to miss any
voter registration deadline with regard to any election, and the
number of voter registration forms that the violator has failed to
properly return does not exceed forty-nine, in which case the
violator is guilty of a misdemeanor of the first degree.
(C)(1) No person who receives compensation for registering a
voter shall knowingly fail to return any registration form
entrusted to that person to any board of elections or the office
of the secretary of state within ten days after that voter
registration form is completed, or on or before the thirtieth day
before the election, whichever is earlier, unless the registration
form is received by the person within twenty-four hours of the
thirtieth day before the election, in which case the person shall
return the registration form to any board of elections or the
office of the secrtary secretary of state within ten days of its
receipt.
Whoever violates this division is guilty of election
falsification, a felony of the fifth degree, unless the person has
not previously been convicted of a violation of division
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the
violation of this division does not cause any person to miss any
voter registration deadline with regard to any election, and the
number of voter registration forms that the violator has failed to
properly return does not exceed forty-nine, in which case the
violator is guilty of a misdemeanor of the first degree.
(2) No person who receives compensation for registering a
voter shall knowingly return any registration form entrusted to
that person to any location other than any board of elections or
the office of the secretary of state.
Whoever violates this division is guilty of election
falsification, a felony of the fifth degree, unless the person has
not previously been convicted of a violation of division
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the
violation of this division does not cause any person to miss any
voter registration deadline with regard to any election, and the
number of voter registration forms that the violator has failed to
properly return does not exceed forty-nine, in which case the
violator is guilty of a misdemeanor of the first degree.
(D) As used in division (C) of this section, "registering a
voter" includes any effort, for compensation, to provide voter
registration forms or to assist persons in completing or returning
those forms.
Sec. 3599.18. (A) No election official, person assisting in
the registration of electors, or police officer shall knowingly do
any of the following:
(1) Refuse, neglect, or unnecessarily delay, hinder, or
prevent the registration of a qualified elector, who in a lawful
manner applies for registration;
(2) Enter or consent to the entry of a fictitious name on a
voter registration list;
(3) Alter the name, political party affiliation, or lack of
political party affiliation on, or remove or destroy, the
registration card or form of any qualified elector;
(4) Neglect, unlawfully execute, or fail to execute any duty
enjoined upon that person as an election official, person
assisting in the registration of electors, or police officer.
(B) Whoever violates division (A) of this section is guilty
of a misdemeanor of the first degree.
Sec. 4507.06. (A)(1) Every application for a driver's
license or motorcycle operator's license or endorsement, or
duplicate of any such license or endorsement, shall be made upon
the approved form furnished by the registrar of motor vehicles and
shall be signed by the applicant.
Every application shall state the following:
(a) The applicant's name, date of birth, social security
number if such has been assigned, sex, general description,
including height, weight, color of hair, and eyes, residence
address, including county of residence, duration of residence in
this state, and country of citizenship;
(b) Whether the applicant previously has been licensed as an
operator, chauffeur, driver, commercial driver, or motorcycle
operator and, if so, when, by what state, and whether such license
is suspended or canceled at the present time and, if so, the date
of and reason for the suspension or cancellation;
(c) Whether the applicant is now or ever has been afflicted
with epilepsy, or whether the applicant now is suffering from any
physical or mental disability or disease and, if so, the nature
and extent of the disability or disease, giving the names and
addresses of physicians then or previously in attendance upon the
applicant;
(d) Whether an applicant for a duplicate driver's license, or
duplicate license containing a motorcycle operator endorsement has
pending a citation for violation of any motor vehicle law or
ordinance, a description of any such citation pending, and the
date of the citation;
(e) If an applicant has not certified the applicant's
willingness to make an anatomical gift under section 2108.05 of
the Revised Code, whether the applicant wishes to certify
willingness to make such an anatomical gift, which shall be given
no consideration in the issuance of a license or endorsement;
(f) Whether the applicant has executed a valid durable power
of attorney for health care pursuant to sections 1337.11 to
1337.17 of the Revised Code or has executed a declaration
governing the use or continuation, or the withholding or
withdrawal, of life-sustaining treatment pursuant to sections
2133.01 to 2133.15 of the Revised Code and, if the applicant has
executed either type of instrument, whether the applicant wishes
the applicant's license to indicate that the applicant has
executed the instrument;
(g) On and after October 7, 2009, whether the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States and, if the applicant is such, whether the applicant
wishes the applicant's license to indicate that the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States by a military designation on the license.
(2) Every applicant for a driver's license shall be
photographed in color at the time the application for the license
is made. The application shall state any additional information
that the registrar requires.
(B) The registrar or a deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an elector
any person who applies for a driver's license or motorcycle
operator's license or endorsement under division (A) of this
section, or for a renewal or duplicate of the license or
endorsement, if the applicant is eligible and wishes to be
registered as an elector. The decision of an applicant whether to
register as an elector shall be given no consideration in the
decision of whether to issue the applicant a license or
endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall offer the opportunity
of completing a notice of change of residence or, change of name,
or change of political party affiliation to any applicant for a
driver's license or endorsement under division (A) of this
section, or for a renewal or duplicate of the license or
endorsement, if the applicant is a registered elector who has
changed the applicant's residence or, name, or political party
affiliation and has not filed such a notice.
(D) In addition to any other information it contains, on and
after October 7, 2009, the approved form furnished by the
registrar of motor vehicles for an application for a driver's
license or motorcycle operator's license or endorsement or an
application for a duplicate of any such license or endorsement
shall inform applicants that the applicant must present a copy of
the applicant's DD-214 or an equivalent document in order to
qualify to have the license or duplicate indicate that the
applicant is a veteran, active duty, or reservist of the armed
forces of the United States based on a request made pursuant to
division (A)(1)(g) of this section.
Section 2. That existing sections 3501.01, 3503.10, 3503.11,
3503.14, 3503.15, 3503.16, 3503.19, 3503.23, 3505.181, 3505.182,
3505.183, 3509.03, 3511.02, 3513.05, 3513.18, 3513.19, 3513.191,
3513.192, 3517.013, 3599.02, 3599.11, 3599.18, and 4507.06 and
sections 3513.20, 3517.014, 3517.015, and 3517.016 of the Revised
Code are hereby repealed.
Section 3. That the version of section 4507.06 of the Revised
Code that is scheduled to take effect January 1, 2017, be amended
to read as follows:
Sec. 4507.06. (A)(1) Every application for a driver's
license, motorcycle operator's license or endorsement, or
motor-driven cycle or motor scooter license or endorsement, or
duplicate of any such license or endorsement, shall be made upon
the approved form furnished by the registrar of motor vehicles and
shall be signed by the applicant.
Every application shall state the following:
(a) The applicant's name, date of birth, social security
number if such has been assigned, sex, general description,
including height, weight, color of hair, and eyes, residence
address, including county of residence, duration of residence in
this state, and country of citizenship;
(b) Whether the applicant previously has been licensed as an
operator, chauffeur, driver, commercial driver, or motorcycle
operator and, if so, when, by what state, and whether such license
is suspended or canceled at the present time and, if so, the date
of and reason for the suspension or cancellation;
(c) Whether the applicant is now or ever has been afflicted
with epilepsy, or whether the applicant now is suffering from any
physical or mental disability or disease and, if so, the nature
and extent of the disability or disease, giving the names and
addresses of physicians then or previously in attendance upon the
applicant;
(d) Whether an applicant for a duplicate driver's license,
duplicate license containing a motorcycle operator endorsement, or
duplicate license containing a motor-driven cycle or motor scooter
endorsement has pending a citation for violation of any motor
vehicle law or ordinance, a description of any such citation
pending, and the date of the citation;
(e) If an applicant has not certified the applicant's
willingness to make an anatomical gift under section 2108.05 of
the Revised Code, whether the applicant wishes to certify
willingness to make such an anatomical gift, which shall be given
no consideration in the issuance of a license or endorsement;
(f) Whether the applicant has executed a valid durable power
of attorney for health care pursuant to sections 1337.11 to
1337.17 of the Revised Code or has executed a declaration
governing the use or continuation, or the withholding or
withdrawal, of life-sustaining treatment pursuant to sections
2133.01 to 2133.15 of the Revised Code and, if the applicant has
executed either type of instrument, whether the applicant wishes
the applicant's license to indicate that the applicant has
executed the instrument;
(g) On and after October 7, 2009, whether the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States and, if the applicant is such, whether the applicant
wishes the applicant's license to indicate that the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States by a military designation on the license.
(2) Every applicant for a driver's license shall be
photographed in color at the time the application for the license
is made. The application shall state any additional information
that the registrar requires.
(B) The registrar or a deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an elector
any person who applies for a license or endorsement under division
(A) of this section, or for a renewal or duplicate of the license
or endorsement, if the applicant is eligible and wishes to be
registered as an elector. The decision of an applicant whether to
register as an elector shall be given no consideration in the
decision of whether to issue the applicant a license or
endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall offer the opportunity
of completing a notice of change of residence or, change of name,
or change of political party affiliation to any applicant for a
driver's license or endorsement under division (A) of this
section, or for a renewal or duplicate of the license or
endorsement, if the applicant is a registered elector who has
changed the applicant's residence or, name, or political party
affiliation and has not filed such a notice.
(D) In addition to any other information it contains, on and
after October 7, 2009, the approved form furnished by the
registrar of motor vehicles for an application for a license or
endorsement or an application for a duplicate of any such license
or endorsement shall inform applicants that the applicant must
present a copy of the applicant's DD-214 or an equivalent document
in order to qualify to have the license or duplicate indicate that
the applicant is a veteran, active duty, or reservist of the armed
forces of the United States based on a request made pursuant to
division (A)(1)(g) of this section.
Section 4. That the existing version of section 4507.06 of
the Revised Code that is scheduled to take effect January 1, 2017,
is hereby repealed.
Section 5. Section 3505.181 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
S.B. 10 and Sub. S.B. 47 of the 130th General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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