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S. B. No. 205 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 3501.05, 3505.24, 3509.03, 3509.04,
3509.06, 3509.07, 3511.02, 3511.04, 3511.05, and
3511.10 of the Revised Code to revise the law
concerning the mailing of absent voter's ballots
and applications for those ballots and to clarify
that an elector generally is responsible to
complete the elector's absent voter's ballot
documents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.05, 3505.24, 3509.03, 3509.04,
3509.06, 3509.07, 3511.02, 3511.04, 3511.05, and 3511.10 of the
Revised Code be amended to read as follows:
Sec. 3501.05. The secretary of state shall do all of the
following:
(A) Appoint all members of boards of elections;
(B) Issue instructions by directives and advisories in
accordance with section 3501.053 of the Revised Code to members of
the boards as to the proper methods of conducting elections.
(C) Prepare rules and instructions for the conduct of
elections;
(D) Publish and furnish to the boards from time to time a
sufficient number of indexed copies of all election laws then in
force;
(E) Edit and issue all pamphlets concerning proposed laws or
amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards, blanks, and
records;
(G) Determine and prescribe the forms of ballots and the
forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and forms and blanks required by
law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on the
ballot for any proposed law or amendment to the constitution to be
submitted to the voters of the state;
(I) Except as otherwise provided in section 3519.08 of the
Revised Code, certify to the several boards the forms of ballots
and names of candidates for state offices, and the form and
wording of state referendum questions and issues, as they shall
appear on the ballot;
(J) Except as otherwise provided in division (I)(2)(b) of
section 3501.38 of the Revised Code, give final approval to ballot
language for any local question or issue approved and transmitted
by boards of elections under section 3501.11 of the Revised Code;
(K) Receive all initiative and referendum petitions on state
questions and issues and determine and certify to the sufficiency
of those petitions;
(L) Require such reports from the several boards as are
provided by law, or as the secretary of state considers necessary;
(M) Compel the observance by election officers in the several
counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of
this section, investigate the administration of election laws,
frauds, and irregularities in elections in any county, and report
violations of election laws to the attorney general or prosecuting
attorney, or both, for prosecution;
(2) On and after August 24, 1995, report a failure to comply
with or a violation of a provision in sections 3517.08 to 3517.13,
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the
Revised Code, whenever the secretary of state has or should have
knowledge of a failure to comply with or a violation of a
provision in one of those sections, by filing a complaint with the
Ohio elections commission under section 3517.153 of the Revised
Code;.
(O) Make an annual report to the governor containing the
results of elections, the cost of elections in the various
counties, a tabulation of the votes in the several political
subdivisions, and other information and recommendations relative
to elections the secretary of state considers desirable;
(P) Prescribe and distribute to boards of elections a list of
instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32 to
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Adopt rules pursuant to Chapter 119. of the Revised Code
for the removal by boards of elections of ineligible voters from
the statewide voter registration database and, if applicable, from
the poll list or signature pollbook used in each precinct, which
rules shall provide for all of the following:
(1) A process for the removal of voters who have changed
residence, which shall be uniform, nondiscriminatory, and in
compliance with the Voting Rights Act of 1965 and the National
Voter Registration Act of 1993, including a program that uses the
national change of address service provided by the United States
postal system through its licensees;
(2) A process for the removal of ineligible voters under
section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of a
voter who is ineligible to vote from the statewide voter
registration database and, if applicable, from the poll list or
signature pollbook used in each precinct and noting the reason for
that mark or removal.
(R) Prescribe a general program for registering voters or
updating voter registration information, such as name and
residence changes, by boards of elections, designated agencies,
offices of deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers consistent with the requirements of section
3503.09 of the Revised Code;
(S) Prescribe a program of distribution of voter registration
forms through boards of elections, designated agencies, offices of
the registrar and deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers;
(T) To the extent feasible, provide copies, at no cost and
upon request, of the voter registration form in post offices in
this state;
(U) Adopt rules pursuant to section 111.15 of the Revised
Code for the purpose of implementing the program for registering
voters through boards of elections, designated agencies, and the
offices of the registrar and deputy registrars of motor vehicles
consistent with this chapter;
(V) Establish the full-time position of Americans with
Disabilities Act coordinator within the office of the secretary of
state to do all of the following:
(1) Assist the secretary of state with ensuring that there is
equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each
voter may cast the voter's ballot in a manner that provides the
same opportunity for access and participation, including privacy
and independence, as for other voters;
(3) Advise the secretary of state in the development of
standards for the certification of voting machines, marking
devices, and automatic tabulating equipment.
(W) Establish and maintain a computerized statewide database
of all legally registered voters under section 3503.15 of the
Revised Code that complies with the requirements of the "Help
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,
and provide training in the operation of that system;
(X) Ensure that all directives, advisories, other
instructions, or decisions issued or made during or as a result of
any conference or teleconference call with a board of elections to
discuss the proper methods and procedures for conducting
elections, to answer questions regarding elections, or to discuss
the interpretation of directives, advisories, or other
instructions issued by the secretary of state are posted on a web
site of the office of the secretary of state as soon as is
practicable after the completion of the conference or
teleconference call, but not later than the close of business on
the same day as the conference or teleconference call takes place.
(Y) Publish a report on a web site of the office of the
secretary of state not later than one month after the completion
of the canvass of the election returns for each primary and
general election, identifying, by county, the number of absent
voter's ballots cast and the number of those ballots that were
counted, and the number of provisional ballots cast and the number
of those ballots that were counted, for that election. The
secretary of state shall maintain the information on the web site
in an archive format for each subsequent election.
(Z) Conduct voter education outlining voter identification,
absent voters ballot, provisional ballot, and other voting
requirements;
(AA) Establish a procedure by which a registered elector may
make available to a board of elections a more recent signature to
be used in the poll list or signature pollbook produced by the
board of elections of the county in which the elector resides;
(BB) Disseminate information, which may include all or part
of the official explanations and arguments, by means of direct
mail or other written publication, broadcast, or other means or
combination of means, as directed by the Ohio ballot board under
division (F) of section 3505.062 of the Revised Code, in order to
inform the voters as fully as possible concerning each proposed
constitutional amendment, proposed law, or referendum;
(CC) Be the single state office responsible for the
implementation of the "Uniformed and Overseas Citizens Absentee
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,
et seq., as amended, in this state. The secretary of state may
delegate to the boards of elections responsibilities for the
implementation of that act, including responsibilities arising
from amendments to that act made by the "Military and Overseas
Voter Empowerment Act," Subtitle H of the "National Defense
Authorization Act for Fiscal Year 2010," Pub. L. No. 111-84, 123
Stat. 3190.
(DD) Perform other duties required by law.
Whenever a primary election is held under section 3513.32 of
the Revised Code or a special election is held under section
3521.03 of the Revised Code to fill a vacancy in the office of
representative to congress, the secretary of state shall establish
a deadline, notwithstanding any other deadline required under the
Revised Code, by which any or all of the following shall occur:
the filing of a declaration of candidacy and petitions or a
statement of candidacy and nominating petition together with the
applicable filing fee; the filing of protests against the
candidacy of any person filing a declaration of candidacy or
nominating petition; the filing of a declaration of intent to be a
write-in candidate; the filing of campaign finance reports; the
preparation of, and the making of corrections or challenges to,
precinct voter registration lists; the receipt of applications for
absent voter's ballots or armed service uniformed services or
overseas absent voter's ballots; the supplying of election
materials to precincts by boards of elections; the holding of
hearings by boards of elections to consider challenges to the
right of a person to appear on a voter registration list; and the
scheduling of programs to instruct or reinstruct election
officers.
In the performance of the secretary of state's duties as the
chief election officer, the secretary of state may administer
oaths, issue subpoenas, summon witnesses, compel the production of
books, papers, records, and other evidence, and fix the time and
place for hearing any matters relating to the administration and
enforcement of the election laws.
In any controversy involving or arising out of the adoption
of registration or the appropriation of funds for registration,
the secretary of state may, through the attorney general, bring an
action in the name of the state in the court of common pleas of
the county where the cause of action arose or in an adjoining
county, to adjudicate the question.
In any action involving the laws in Title XXXV of the Revised
Code wherein the interpretation of those laws is in issue in such
a manner that the result of the action will affect the lawful
duties of the secretary of state or of any board of elections, the
secretary of state may, on the secretary of state's motion, be
made a party.
The secretary of state may apply to any court that is hearing
a case in which the secretary of state is a party, for a change of
venue as a substantive right, and the change of venue shall be
allowed, and the case removed to the court of common pleas of an
adjoining county named in the application or, if there are cases
pending in more than one jurisdiction that involve the same or
similar issues, the court of common pleas of Franklin county.
Public high schools and vocational schools, public libraries,
and the office of a county treasurer shall implement voter
registration programs as directed by the secretary of state
pursuant to this section.
The secretary of state may mail unsolicited applications for
absent voter's ballots to individuals only in an even-numbered
year, and only if the general assembly has made an appropriation
for that purpose. Under no other circumstance shall a public
official or employee or any public office mail any unsolicited
applications for absent voter's ballots to individuals.
Sec. 3505.24. Notwithstanding any provision of the Revised
Code to the contrary, any elector who declares to the presiding
judge of elections that the elector is unable to mark the
elector's ballot by reason of blindness, disability, or illiteracy
does both of the following may be accompanied in the voting booth
and aided by any person of the elector's choice, other than the
elector's employer, an agent of the elector's employer, or an
officer or agent of the elector's union, if any:
(A) Appears to vote on the day of an election or appears at
the office of the board of elections to cast absent voter's
ballots in person; and
(B) Declares to the presiding judge of elections or to the
election official who is accepting applications to cast absent
voter's ballots in person that the elector is unable to mark the
elector's ballot by reason of blindness, disability, or
illiteracy. The
The elector also may request and receive assistance in the
marking of the elector's ballot from two election officials of
different political parties. Any person providing assistance in
the marking of an elector's ballot under this section shall
thereafter provide no information in regard to the marking of that
ballot.
Any judge election official may require a declaration of
inability to be made by the elector under oath before the judge
election official. Assistance shall not be rendered for causes
other than those specified in this section, and no candidate whose
name appears on the ballot shall assist any person in marking that
person's ballot.
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 party affiliation;
(I) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed.
Each application for absent voter's ballots shall be
delivered to the director not earlier than the first day of
January of the year of the elections for which the absent voter's
ballots are requested or not earlier than ninety days before the
day of the election at which the ballots are to be voted,
whichever is earlier, and not later than twelve noon of the third
day before the day of the election at which the ballots are to be
voted, or not later than 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.
A board of elections that mails an absent voter's ballot
application to an elector under this section shall not prepay the
return postage for that application.
Except as otherwise provided in sections 3505.24 and 3509.08
of the Revised Code, an election official shall not complete any
portion of an application for absent voter's ballots on behalf of
an applicant.
Sec. 3509.04. (A) If a director of a board of elections
receives an application for absent voter's ballots that does not
contain all of the required information, the director promptly
shall notify the applicant of the additional information required
to be provided by the applicant to complete that application.
(B) Upon receipt by the director of elections of an
application for absent voter's ballots that contains all of the
required information, as provided by section 3509.03 and division
(G) of section 3503.16 of the Revised Code, the director, if the
director finds that the applicant is a qualified elector, shall
deliver to the applicant in person or mail directly to the
applicant by special delivery mail, air mail, or regular mail,
postage prepaid, proper absent voter's ballots. The director shall
deliver or mail with the ballots an unsealed identification
envelope upon the face of which shall be printed a form
substantially as follows:
"Identification Envelope Statement of Voter
I, ........................(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed in
the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which is in Ward ............... Precinct ................
in that city, village, or township.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained within this envelope are to be voted at the
.......... (general, special, or primary) election to be held on
the .......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's
license number).
The last four digits of my Social Security Number are
............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number or the
last four digits of my Social Security Number, I am enclosing a
copy of one of the following in the return envelope in which this
identification envelope will be mailed: 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, that shows my name and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF
THE FIFTH DEGREE."
The director shall mail with the ballots and the unsealed
identification envelope an unsealed return envelope upon the face
of which shall be printed the official title and post-office
address of the director. In the upper left corner on the face of
the return envelope, several blank lines shall be printed upon
which the voter may write the voter's name and return address. The
return envelope shall be of such size that the identification
envelope can be conveniently placed within it for returning the
identification envelope to the director.
A board of elections that mails or otherwise delivers absent
voter's ballots to an elector under this section shall not prepay
the return postage for those ballots.
Except as otherwise provided in sections 3505.24 and 3509.08
of the Revised Code, an election official shall not complete any
portion of an identification envelope statement of voter or an
absent voter's ballot on behalf of an elector.
Sec. 3509.06. (A) The board of elections shall determine
whether absent voter's ballots shall be counted in each precinct,
at the office of the board, or at some other location designated
by the board, and shall proceed accordingly under division (B) or
(C) of this section.
(B) When the board of elections determines that absent
voter's ballots shall be counted in each precinct, the director
shall deliver to the presiding judge of each precinct on election
day identification envelopes purporting to contain absent voter's
ballots of electors whose voting residence appears from the
statement of voter on the outside of each of those envelopes, to
be located in such presiding judge's precinct, and which were
received by the director not later than the close of the polls on
election day. The director shall deliver to such presiding judge a
list containing the name and voting residence of each person whose
voting residence is in such precinct to whom absent voter's
ballots were mailed.
(C) When the board of elections determines that absent
voter's ballots shall be counted at the office of the board of
elections or at another location designated by the board, special
election judges shall be appointed by the board for that purpose
having the same authority as is exercised by precinct judges. The
votes so cast shall be added to the vote totals by the board, and
the absent voter's ballots shall be preserved separately by the
board, in the same manner and for the same length of time as
provided by section 3505.31 of the Revised Code.
(D) Each of the identification envelopes purporting to
contain absent voter's ballots delivered to the presiding judge of
the precinct or the special judge appointed by the board of
elections shall be handled as follows: The election officials
shall compare the signature of the elector on the outside of the
identification envelope with the signature of that elector on the
elector's registration form and verify that the absent voter's
ballot is eligible to be counted under section 3509.07 of the
Revised Code. Any of the precinct officials may challenge the
right of the elector named on the identification envelope to vote
the absent voter's ballots upon the ground that the signature on
the envelope is not the same as the signature on the registration
form, that the identification envelope statement of voter has not
been completed, or upon any other of the grounds upon which the
right of persons to vote may be lawfully challenged. If no such
challenge is made, or if such a challenge is made and not
sustained, the presiding judge shall open the envelope without
defacing the statement of voter and without mutilating the ballots
in it, and shall remove the ballots contained in it and proceed to
count them.
The name of each person voting who is entitled to vote only
an absent voter's presidential ballot shall be entered in a
pollbook or poll list or signature pollbook followed by the words
"Absentee Presidential Ballot." The name of each person voting an
absent voter's ballot, other than such persons entitled to vote
only a presidential ballot, shall be entered in the pollbook or
poll list or signature pollbook and the person's registration card
marked to indicate that the person has voted.
The date of such election shall also be entered on the
elector's registration form. If any such challenge is made and
sustained, the identification envelope of such elector shall not
be opened, shall be endorsed "Not Counted" with the reasons the
ballots were not counted, and shall be delivered to the board.
(E) Special election judges, employees or members of the
board of elections, or observers shall not disclose the count or
any portion of the count of absent voter's ballots prior to the
time of the closing of the polling places. No person shall
recklessly disclose the count or any portion of the count of
absent voter's ballots in such a manner as to jeopardize the
secrecy of any individual ballot.
(F) Observers may be appointed under section 3505.21 of the
Revised Code to witness the examination and opening of
identification envelopes and the counting of absent voters'
ballots under this section.
Sec. 3509.07. If election officials find that the statement
accompanying an absent voter's ballot or absent voter's
presidential ballot is incomplete or insufficient, that the
signatures do not correspond with the person's registration
signature, that the applicant is not a qualified elector in the
precinct, that the ballot envelope contains more than one ballot
of any one kind, or any voted ballot that the elector is not
entitled to vote, that Stub A is detached from the absent voter's
ballot or absent voter's presidential ballot, or that the elector
has not included with the elector's ballot any identification
required under section 3509.05 or 3511.09 of the Revised Code, the
vote shall not be accepted or counted. The vote of any absent
voter may be challenged for cause in the same manner as other
votes are challenged, and the election officials shall determine
the legality of that ballot. Every ballot not counted shall be
endorsed on its back "Not Counted" with the reasons the ballot was
not counted, and shall be enclosed and returned to or retained by
the board of elections along with the contested ballots.
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 party affiliation;
(11) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(12) If the elector desires ballots to be sent to the elector
by facsimile machine, the telephone number to which they shall be
so sent;
(13) If the elector desires ballots to be sent to the elector
by electronic mail or, if offered by the board of elections or the
secretary of state, through internet delivery, the elector's
electronic mail address or other internet contact information.
(B) A voter or any relative of a voter listed in division (C)
of this section may use a single federal post card application to
apply for uniformed services or overseas absent voter's ballots
for use at the primary and general elections in a given year and
any special election to be held on the day in that year specified
by division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, designated by the general assembly
for the purpose of submitting constitutional amendments proposed
by the general assembly to the voters of the state. A single
federal postcard application shall be processed by the board of
elections pursuant to section 3511.04 of the Revised Code the same
as if the voter had applied separately for uniformed services or
overseas absent voter's ballots for each election.
(C) Application to have uniformed services or overseas absent
voter's ballots mailed or sent by facsimile machine to such a
person may be made by the spouse, father, mother, father-in-law,
mother-in-law, grandfather, grandmother, brother or sister of the
whole blood or half blood, son, daughter, adopting parent, adopted
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle,
aunt, nephew, or niece of such a person. The application shall be
in writing upon a blank form furnished only by the director or on
a single federal post card as provided in division (B) of this
section. The form of the application shall be prescribed by the
secretary of state. The director shall furnish that blank form to
any of the relatives specified in this division desiring to make
the application, only upon the request of such a relative made in
person at the office of the board or upon the written request of
such a relative mailed to the office of the board. The
application, subscribed and sworn to by the applicant, shall
contain all of the following:
(1) The full name of the elector for whom ballots are
requested;
(2) A statement that the elector is an absent uniformed
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;
(3) The address at which the elector is registered to vote;
(4) A statement identifying the elector's length of residence
in the state immediately preceding the commencement of service,
immediately preceding the date of leaving to be with or near a
service member, or immediately preceding leaving the United
States, 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 party affiliation;
(10) A statement that the applicant bears a relationship to
the elector as specified in division (C) of this section;
(11) The address to which ballots shall be mailed, 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.
(E) A board of elections that mails a federal post card
application or other absent voter's ballot application to an
elector under this section shall not prepay the return postage for
that application.
(F) Except as otherwise provided in sections 3505.24 and
3509.08 of the Revised Code, an election official shall not
complete any portion of a federal post card application or other
application for absent voter's ballots on behalf of an applicant.
Sec. 3511.04. (A) If a director of a board of elections
receives an application for uniformed services or overseas absent
voter's ballots that does not contain all of the required
information, the director promptly shall notify the applicant of
the additional information required to be provided by the
applicant to complete that application.
(B) Not later than the forty-fifth day before the day of each
general or primary election, and at the earliest possible time
before the day of a special election held on a day other than the
day on which a general or primary election is held, the director
of the board of elections shall mail, send by facsimile machine,
send by electronic mail, send through internet delivery if such
delivery is offered by the board of elections or the secretary of
state, or otherwise send uniformed services or overseas absent
voter's ballots then ready for use as provided for in section
3511.03 of the Revised Code and for which the director has
received valid applications prior to that time. Thereafter, and
until twelve noon of the third day preceding the day of election,
the director shall promptly, upon receipt of valid applications
for them, mail, send by facsimile machine, send by electronic
mail, send through internet delivery if such delivery is offered
by the board of elections or the secretary of state, or otherwise
send to the proper persons all uniformed services or overseas
absent voter's ballots then ready for use.
If, after the seventieth day before the day of a general or
primary election, any other question, issue, or candidacy is
lawfully ordered submitted to the electors voting at the general
or primary election, the board shall promptly provide a separate
official issue, special election, or other election ballot for
submitting the question, issue, or candidacy to those electors,
and the director shall promptly mail, send by facsimile machine,
send by electronic mail, send through internet delivery if such
delivery is offered by the board of elections or the secretary of
state, or otherwise send each such separate ballot to each person
to whom the director has previously mailed or sent other uniformed
services or overseas absent voter's ballots.
A board of elections that mails or otherwise delivers
uniformed services or overseas absent voter's ballots to an
elector under this section shall not prepay the return postage for
those ballots. In mailing uniformed services or overseas absent
voter's ballots, the director shall use the fastest mail service
available, but the director shall not mail them by certified mail.
Sec. 3511.05. (A) The director of the board of elections
shall place uniformed services or overseas absent voter's ballots
sent by mail in an unsealed identification envelope, gummed ready
for sealing. The director shall include with uniformed services or
overseas absent voter's ballots sent electronically, including by
facsimile machine, an instruction sheet for preparing a gummed
envelope in which the ballots shall be returned. The envelope for
returning ballots sent by either means shall have printed or
written on its face a form substantially as follows:
"Identification Envelope Statement of Voter
I, ........................(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed in
the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which is in Ward ............... Precinct ................
in that city, village, or township.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained within this envelope are to be voted at the
.......... (general, special, or primary) election to be held on
the .......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's
license number).
The last four digits of my Social Security Number are
............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number or the
last four digits of my Social Security Number, I am enclosing a
copy of one of the following in the return envelope in which this
identification envelope will be mailed: 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, that shows my name and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF
THE FIFTH DEGREE."
(B) The director shall also mail with the ballots and the
unsealed identification envelope sent by mail an unsealed return
envelope, gummed, ready for sealing, for use by the voter in
returning the voter's marked ballots to the director. The director
shall send with the ballots and the instruction sheet for
preparing a gummed envelope sent electronically, including by
facsimile machine, an instruction sheet for preparing a second
gummed envelope as described in this division, for use by the
voter in returning that voter's marked ballots to the director.
The return envelope shall have two parallel lines, each one
quarter of an inch in width, printed across its face paralleling
the top, with an intervening space of one quarter of an inch
between such lines. The top line shall be one and one-quarter
inches from the top of the envelope. Between the parallel lines
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank
lines shall be printed in the upper left corner on the face of the
envelope for the use by the voter in placing the voter's complete
military, naval, or mailing address on these lines, and beneath
these lines there shall be printed a box beside the words "check
if out-of-country." The voter shall check this box if the voter
will be outside the United States on the day of the election. The
official title and the post-office address of the director to whom
the envelope shall be returned shall be printed on the face of
such envelope in the lower right portion below the bottom parallel
line.
(C) On the back of each identification envelope and each
return envelope shall be printed the following:
If the flap on this envelope is so firmly stuck to the back
of the envelope when received by you as to require forcible
opening in order to use it, open the envelope in the manner least
injurious to it, and, after marking your ballots and enclosing
same in the envelope for mailing them to the director of the board
of elections, reclose the envelope in the most practicable way, by
sealing or otherwise, and sign the blank form printed below.
The flap on this envelope was firmly stuck to the back of the
envelope when received, and required forced opening before sealing
and mailing.
(D) Division (C) of this section does not apply when absent
voter's ballots are sent electronically, including by facsimile
machine.
(E) Except as otherwise provided in sections 3505.24 and
3509.08 of the Revised Code, an election official shall not
complete any portion of an identification envelope statement of
voter or an absent voter's ballot on behalf of an elector.
Sec. 3511.10. If, after the thirty-fifth day and before the
close of the polls on the day of a general or primary election, a
valid application for uniformed services or overseas absent
voter's ballots is delivered to the director of the board of
elections at the office of the board by a person making the
application on the person's own behalf, the director shall
forthwith deliver to the person all uniformed services or overseas
absent voter's ballots then ready for use, together with an
identification envelope. The person shall then immediately retire
to a voting booth in the office of the board, and mark the
ballots. The person shall then fold each ballot separately so as
to conceal the person's markings thereon, and deposit all of the
ballots in the identification envelope and securely seal it.
Thereupon the person shall fill in answers to the questions on the
face of the identification envelope, and by writing the person's
usual signature in the proper place thereon, the person shall
declare under penalty of election falsification that the answers
to those questions are true and correct to the best of that
person's knowledge and belief. The person shall then deliver the
identification envelope to the director. If thereafter, and before
the third day preceding such election, the board provides
additional separate official issue or special election ballots, as
provided for in section 3511.04 of the Revised Code, the director
shall promptly, and not later than twelve noon of the third day
preceding the day of election, mail such additional ballots to
such person at the address specified by that person for that
purpose.
Except as otherwise provided in sections 3505.24 and
3509.08 of the Revised Code, an election official shall not
complete any portion of an application for absent voter's ballots,
an identification envelope statement of voter, or an absent
voter's ballot on behalf of an applicant.
In the event any person serving in the armed forces of the
United States is discharged after the closing date of
registration, and that person or that person's spouse, or both,
meets all the other qualifications set forth in section 3511.011
of the Revised Code, the person or spouse shall be permitted to
vote prior to the date of the election in the office of the board
in the person's or spouse's county, as set forth in this section.
Section 2. That existing sections 3501.05, 3505.24, 3509.03,
3509.04, 3509.06, 3509.07, 3511.02, 3511.04, 3511.05, and 3511.10
of the Revised Code are hereby repealed.
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