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S. B. No. 216 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 3501.22, 3503.16, 3505.18,
3505.181, 3505.182, and 3505.183 of the Revised
Code to revise the law concerning provisional
ballots and to specify permitted procedures for a
voting location that serves more than one
precinct.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.22, 3503.16, 3505.18, 3505.181,
3505.182, and 3505.183 of the Revised Code be amended to read as
follows:
Sec. 3501.22. (A)(1) On or before the fifteenth day of
September in each year, the board of elections by a majority vote
shall, after careful examination and investigation as to their
qualifications, appoint for each election precinct four residents
of the county in which the precinct is located, as judges. Except
as otherwise provided in division (C) of this section, all judges
of election shall be qualified electors. The judges shall
constitute the election officers of the precinct. Not more than
one-half of the total number of judges shall be members of the
same political party. The term of such precinct officers shall be
for one year. The board may, at any time, designate any number of
election officers, not more than one-half of whom shall be members
of the same political party, to perform their duties at any
precinct in any election. The board may appoint additional
officials, equally divided between the two major political
parties, when necessary to expedite voting.
Vacancies for unexpired terms shall be filled by the board.
When new precincts have been created, the board shall appoint
judges for those precincts for the unexpired term. Any judge may
be summarily removed from office at any time by the board for
neglect of duty, malfeasance, or misconduct in office or for any
other good and sufficient reason.
Precinct election officials shall perform all of the duties
provided by law for receiving the ballots and supplies, opening
and closing the polls, and overseeing the casting of ballots
during the time the polls are open, and any other duties required
by section 3501.26 of the Revised Code.
A board of elections may designate two precinct election
officials as counting officials to count and tally the votes cast
and certify the results of the election at each precinct, and
perform other duties as provided by law. To expedite the counting
of votes at each precinct, the board may appoint additional
officials, not more than one-half of whom shall be members of the
same political party.
The Except as otherwise provided in division (A)(2) of this
section, the board shall designate one of the precinct election
officials who is a member of the dominant political party to serve
as a presiding judge, whose duty it is to deliver the returns of
the election and all supplies to the office of the board. For
these services, the presiding judge shall receive additional
compensation in an amount, consistent with section 3501.28 of the
Revised Code, determined by the board of elections.
The board shall issue to each precinct election official a
certificate of appointment, which the official shall present to
the presiding judge at the time the polls are opened.
(2) If the board of elections, by a vote of at least three
members of the board, opts to have a single voting location serve
more than one precinct, the board may do both of the following:
(a) Designate a single presiding judge for the voting
location. The presiding judge shall be a member of the political
party whose candidate received the highest number of votes for
governor at the most recent general election for that office in
the precincts whose polling places are located at the applicable
voting location, when tallying the combined vote for governor in
all such precincts.
(b) Combine the pollbooks for those precincts to create a
single pollbook for the voting location.
(B) If the board of elections determines that not enough
qualified electors in a precinct are available to serve as
precinct officers, it may appoint persons to serve as precinct
officers at a primary, special, or general election who are at
least seventeen years of age and are registered to vote in
accordance with section 3503.07 of the Revised Code.
(C)(1) A board of elections, in conjunction with the board of
education of a city, local, or exempted village school district,
the governing authority of a community school established under
Chapter 3314. of the Revised Code, or the chief administrator of a
nonpublic school may establish a program permitting certain high
school students to apply and, if appointed by the board of
elections, to serve as precinct officers at a primary, special, or
general election.
In addition to the requirements established by division
(C)(2) of this section, a board of education, governing authority,
or chief administrator that establishes a program under this
division in conjunction with a board of elections may establish
additional criteria that students shall meet to be eligible to
participate in that program.
(2)(a) To be eligible to participate in a program established
under division (C)(1) of this section, a student shall be a United
States citizen, a resident of the county, at least seventeen years
of age, and enrolled in the senior year of high school.
(b) Any student applying to participate in a program
established under division (C)(1) of this section, as part of the
student's application process, shall declare the student's
political party affiliation with the board of elections.
(3) No student appointed as a precinct officer pursuant to a
program established under division (C)(1) of this section shall be
designated as a presiding judge.
(4) Any student participating in a program established under
division (C)(1) of this section shall be excused for that
student's absence from school on the day of an election at which
the student is serving as a precinct officer.
(D) In any precinct with six or more precinct officers, up to
two students participating in a program established under division
(C)(1) of this section who are under eighteen years of age may
serve as precinct officers. Not more than one precinct officer in
any given precinct with fewer than six precinct officers shall be
under eighteen years of age.
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, that registered elector shall report the change by
delivering a change of residence or change of name 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 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 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.
(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, the written affirmation on the provisional ballot
envelope, which shall serve as 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, the written affirmation on the provisional ballot
envelope, which shall serve as 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 notice of change of residence or change
of name
form, the board of elections shall immediately send the
registrant an acknowledgment notice. If the change of residence or
change of name form notice 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 of residence and change of name forms shall be
available at each polling place, and when these forms are
completed, noting changes of residence or name, as appropriate,
they shall be filed with election officials at the polling place.
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 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. 3505.18. (A)(1) When an elector appears in a polling
place to vote, the elector shall announce to the precinct election
officials the elector's full name and current address and provide
proof of the elector'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 name and current address of
the elector. 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.
(2) If an elector has but does not have or is unable to
provide to the precinct election officials any of the forms of
identification required under division (A)(1) of this section, but
has a social security number, the elector may provide the last
four digits of the elector's social security number. Upon
providing the social security number information, the elector may
cast a provisional ballot under section 3505.181 of the Revised
Code, the envelope of which ballot shall include that social
security number information and do either of the following:
(a) Write the last four digits of the elector's social
security number on the provisional ballot envelope; or
(b) Appear at the office of the board of elections not later
than the Friday after the day of the election and provide the
identification required under division (A)(1) of this section or
the last four digits of the elector's social security number.
(3) If an elector has but is unable to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of this section and if the elector
has a social security number but is unable to provide the last
four digits of the elector's social security number, the elector
may cast a provisional ballot under section 3505.181 of the
Revised Code.
(4) If an elector does not have any of the forms of
identification required under division (A)(1) of this section and
cannot provide the last four digits of the elector's social
security number because the elector does not have a social
security number, the elector may execute an affirmation under
penalty of election falsification that the elector cannot provide
the identification required under that division or the last four
digits of the elector's social security number for those reasons.
Upon signing the affirmation, the elector may cast a provisional
ballot under section 3505.181 of the Revised Code. The secretary
of state shall prescribe the form of the affirmation, which shall
include spaces for all of the following:
(b) The elector's address;
(d) The elector's date of birth;
(e) The elector's signature.
(5) If an elector does not have any of the forms of
identification required under division (A)(1) of this section and
cannot provide the last four digits of the elector's social
security number because the elector does not have a social
security number, and if the elector declines to execute an
affirmation under division (A)(4) of this section, the elector may
cast a provisional ballot under section 3505.181 of the Revised
Code, the envelope of which ballot shall include the elector's
name.
(6) If an elector has but declines to provide to the precinct
election officials any of the forms of identification required
under division (A)(1) of this section or the elector has a social
security number but declines to provide to the precinct election
officials the last four digits of the elector's social security
number, the elector may cast a provisional ballot under section
3505.181 of the Revised Code.
(B) After the elector has announced the elector's full name
and current address and provided any of the forms of
identification required under division (A)(1) of this section, the
elector shall write the elector's name and address at the proper
place in the poll list or signature pollbook provided for the
purpose, except that if, for any reason, an elector is unable to
write the elector's name and current address in the poll list or
signature pollbook, the elector may make the elector's mark at the
place intended for the elector's name, and a precinct election
official shall write the name of the elector at the proper place
on the poll list or signature pollbook following the elector's
mark. The making of such a mark shall be attested by the precinct
election official, who shall evidence the same by signing the
precinct election official's name on the poll list or signature
pollbook as a witness to the mark. Alternatively, if applicable,
an attorney in fact acting pursuant to section 3501.382 of the
Revised Code may sign the elector's signature in the poll list or
signature pollbook in accordance with that section.
The elector's signature in the poll list or signature
pollbook then shall be compared with the elector's signature on
the elector's registration form or a digitized signature list as
provided for in section 3503.13 of the Revised Code, and if, in
the opinion of a majority of the precinct election officials, the
signatures are the signatures of the same person, the election
officials shall enter the date of the election on the registration
form or shall record the date by other means prescribed by the
secretary of state. The validity of an attorney in fact's
signature on behalf of an elector shall be determined in
accordance with section 3501.382 of the Revised Code.
If the right of the elector to vote is not then challenged,
or, if being challenged, the elector establishes the elector's
right to vote, the elector shall be allowed to proceed to use the
voting machine. If voting machines are not being used in that
precinct, the judge in charge of ballots shall then detach the
next ballots to be issued to the elector from Stub B attached to
each ballot, leaving Stub A attached to each ballot, hand the
ballots to the elector, and call the elector's name and the stub
number on each of the ballots. The judge shall enter the stub
numbers opposite the signature of the elector in the pollbook. The
elector shall then retire to one of the voting compartments to
mark the elector's ballots. No mark shall be made on any ballot
which would in any way enable any person to identify the person
who voted the ballot.
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 does not have or 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)(3) 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 a uniformed services or overseas absent voter's
ballot for that election and who appears to vote at the polling
place;
(6)(4) 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)(5) An individual who has been successfully challenged
under section 3505.20 or 3513.20 of the Revised Code or 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)(6) 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)(7) An individual whose signature, in the opinion of the
precinct officers under section 3505.22 of the Revised Code, is
not that of the person who signed that name in the registration
forms;
(11) An individual who is challenged under section 3513.20 of
the Revised Code who refuses to make the statement required under
that section or who a majority of the precinct officials find
lacks any of the qualifications to make the individual a qualified
elector;
(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 Except as otherwise provided in division (F) of this
section, the individual shall be permitted to cast a provisional
ballot at that polling place upon the execution of complete and
execute 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 individual shall record the
type of identification provided, or 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
provisional ballot or voter or address information affirmation
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 because
the individual does not have or is unable to provide to the
election officials any of the required forms of identification,
because the individual has been successfully challenged under
section 3505.20 of the Revised Code, or because an application or
challenge hearing concerning the individual has been postponed
until after the day of the election, the
election official
individual 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 Not later than the Friday 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
because the individual does not have or is unable to provide to
the election officials any of the required forms of identification
or because the individual has been successfully challenged under
section 3505.20 of the Revised Code 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 by an individual who does
not have or is unable to provide to the election officials any of
the required forms of identification to be eligible to be counted,
the individual who cast that ballot, within ten days not later
than the Friday after the day of the election, shall do any
either 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; or
(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 by an individual who has been successfully
challenged under section 3505.20 of the Revised Code to be
eligible to be counted, the individual who cast that ballot,
within ten days not later than the Friday 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 the individual is in the correct
polling location for the precinct in which the individual is
registered and eligible to vote, the election official shall
complete and sign, under penalty of election falsification, a form
that includes all of the following, and attach the form to the
individual's provisional ballot affirmation:
(a) The name or number of the individual's correct precinct;
(b) A statement that the election official instructed the
individual to travel to the correct precinct to vote;
(c) A statement that the election official informed the
individual that casting a provisional ballot in the wrong precinct
would result in all votes on the ballot being rejected;
(d) The name or number of the precinct in which the
individual is casting a provisional ballot; and
(e) The name of the polling location in which the individual
is casting a provisional ballot.
(3) Except as otherwise provided in division (C) of section
3505.183 of the Revised Code, 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 citizen of the United States; that I
will be at least 18 years of age at the time of the general
election; that I have lived in this state for 30 days immediately
preceding this election in which I am voting this ballot; that I
am a registered voter in the jurisdiction in which I am voting
this provisional ballot; and that I am eligible to vote in the
election in which I am voting this provisional ballot.
I understand that, if the above-provided information is not
fully completed and correct, if the board of elections determines
that I am not registered to vote, a resident of this precinct, or
eligible to vote in this election, or if the board of elections
determines that I have already voted in this election, my
provisional ballot will not be counted. I understand that, if I am
not currently registered to vote or if I am not registered at my
current address or under my current name, this form will serve as
an application to register to vote or update my registration for
future elections, as long as I provide all of the information
required to register to vote or update my registration. 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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(Voter's current address) |
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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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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 provisional voter must
check the following true statement concerning additional
information needed to determine the eligibility of the provisional
voter.)
...... The provisional voter is I am required to provide
additional information to the board of elections.
...... An application or challenge hearing regarding this
voter my voter registration has been postponed until after the
election.
(The election official provisional voter must check the
following true statement concerning identification provided by the
provisional voter, if any.)
...... The provisional voter I provided a current and valid
photo identification.
...... The provisional voter I provided a current valid photo
identification, other than a driver's license or a state
identification card, with the voter's my former address instead of
my current address and has have provided the election official
both the current and former addresses.
...... The provisional voter I 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 my name and current address.
...... The provisional voter I provided the last four digits
of
the voter's my social security number.
...... The provisional voter is I am 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 my name and current
address but does have one of these forms of identification, or the
last four digits of my social security number. The provisional
voter I must provide one of the foregoing items of identification
to the board of elections within ten days not later than the
Friday 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.
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).
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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.
If the individual provided all of the information required
under section 3503.14 of the Revised Code to register to vote or
to update the individual's registration on the provisional ballot
affirmation, the board of elections shall consider the
individual's provisional ballot affirmation to also serve as a
notice of change of name, change of residence, or both, or as a
voter registration form, as applicable, for that individual only
for the purposes of future elections.
Sec. 3505.183. (A) When the ballot boxes are delivered to
the board of elections from the precincts, the board shall
separate the provisional ballot envelopes from the rest of the
ballots. Teams of employees of the board consisting of one member
of each major political party shall place the sealed provisional
ballot envelopes in a secure location within the office of the
board. The sealed provisional ballot envelopes shall remain in
that secure location until the validity of those ballots is
determined under division (B) of this section. While the
provisional ballot is stored in that secure location, and prior to
the counting of the provisional ballots, if the board receives
information regarding the validity of a specific provisional
ballot under division (B) of this section, the board may note, on
the sealed provisional ballot envelope for that ballot, whether
the ballot is valid and entitled to be counted.
(B)(1) To determine whether a provisional ballot is valid and
entitled to be counted, the board shall examine its records and
determine whether the individual who cast the provisional ballot
is registered and eligible to vote in the applicable election. The
board shall examine the information contained in the written
affirmation executed by the individual who cast the provisional
ballot under division (B)(2) of section 3505.181 of the Revised
Code. If the individual declines to execute such an affirmation,
the individual's name, written by either the individual or the
election official at the direction of the individual, shall be
included in a written affirmation in order for the provisional
ballot to be eligible to be counted; otherwise, the 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, date of birth, and
current address;
(b) A statement that the individual is a registered voter in
the jurisdiction in which the provisional ballot is being voted;
(c) A statement that the individual is eligible to vote in
the election in which the provisional ballot is being voted.
(2) In addition to the information required to be included in
an affirmation under division (B)(1) of this section, in
determining whether a provisional ballot is valid and entitled to
be counted, the board also shall examine any additional
information for determining ballot validity provided by the
provisional voter on the affirmation, provided by the provisional
voter to an election official under section 3505.182 of the
Revised Code, or provided to the board of elections during the ten
days not later than the Friday 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) 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) 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) The elector's date of birth is not different from the
elector's date of birth contained in the statewide voter
registration database.
(f) The elector's current address is not different from the
elector's address contained in the statewide voter registration
database, unless the elector is casting a provisional ballot under
division (A)(6) of section 3505.181 of the Revised Code.
(g) If applicable, the individual provided any additional
information required under division (B)(8) of section 3505.181 of
the Revised Code within ten days not later than the Friday after
the day of the election.
(f)(h) If applicable, the hearing conducted under division
(B) of section 3503.24 of the Revised Code after the day of the
election resulted in the individual's inclusion in the official
registration list.
(4)(a) If Except as otherwise provided in division (C) of
this section, if, in examining a provisional ballot affirmation
and additional information under divisions (B)(1) and (2) of this
section 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) The individual did not provide all of the information
required under division (B)(1) of this section in the affirmation
that the individual executed at the time the individual cast the
provisional ballot.
(iv) The individual has already cast a ballot for the
election in which the individual cast the provisional ballot.
(v) If applicable, the individual did not provide any
additional information required under division (B)(8) of section
3505.181 of the Revised Code within ten days not later than the
Friday after the day of the election.
(vi) If applicable, the hearing conducted under division (B)
of section 3503.24 of the Revised Code after the day of the
election did not result in the individual's inclusion in the
official registration list.
(vii) The individual failed to provide a current and valid
photo identification, a military identification, a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document, other than a notice of 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) 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.
(ix) The elector's date of birth is different from the
elector's date of birth contained in the statewide voter
registration database.
(x) The elector's current address is different from the
elector's address contained in the statewide voter registration
database, unless the elector is casting a provisional ballot under
division (A)(6) of section 3505.181 of the Revised Code.
(b) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this
section 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 of the following, the provisional ballot envelope
shall not be opened, and the ballot shall not be counted:
(i) Whether the individual named on the affirmation is
qualified or properly registered to vote;
(ii) Whether the individual named on the affirmation is
eligible to cast a ballot in the precinct or for the election in
which the individual cast the provisional ballot.
(C)(1) If an individual cast a provisional ballot in a
precinct in which the individual is not registered and eligible to
vote, but in the correct polling location for the precinct in
which the individual is registered and eligible to vote, and the
election official failed to direct the individual to the correct
precinct, the individual's ballot shall be remade under division
(C)(2) of this section. The board of elections shall examine all
available evidence to determine whether the election official
failed to direct the individual to the correct precinct. The
election official shall be presumed to have directed the
individual to the correct precinct if the election official
correctly completed the form described in division (C)(2) of
section 3505.181 of the Revised Code.
(2) A board of elections that remakes a provisional ballot
under division (C)(1) of this section shall remake the provisional
ballot on a ballot for the appropriate precinct to reflect the
offices, questions, and issues for which the individual was
eligible to cast a ballot and for which the individual attempted
to cast a provisional ballot. The remade ballot shall be counted
for each office, question, and issue for which the individual was
eligible to vote.
(3) If an individual cast a provisional ballot in a precinct
in which the individual is not registered and eligible to vote and
in the incorrect polling location for the precinct in which the
individual is registered and eligible to vote, the provisional
ballot envelope shall not be opened, and the ballot shall not be
counted.
(D)(1) For each provisional ballot rejected under division
(B)(4) of this section, the board shall record the name of the
provisional voter who cast the ballot, the identification number
of the provisional ballot envelope, the names of the election
officials who determined the validity of that ballot, the date and
time that the determination was made, and the reason that the
ballot was not counted.
(2) Provisional ballots that are rejected under division
(B)(4) of this section shall not be counted but shall be preserved
in their provisional ballot envelopes unopened until the time
provided by section 3505.31 of the Revised Code for the
destruction of all other ballots used at the election for which
ballots were provided, at which time they shall be destroyed.
(D)(E) Provisional ballots that the board determines are
eligible to be counted under division (B)(3) or (C) of this
section shall be counted in the same manner as provided for other
ballots under section 3505.27 of the Revised Code. No provisional
ballots shall be counted in a particular county until the board
determines the eligibility to be counted of all provisional
ballots cast in that county under division (B) of this section for
that election. Observers, as provided in section 3505.21 of the
Revised Code, may be present at all times that the board is
determining the eligibility of provisional ballots to be counted
and counting those provisional ballots determined to be eligible.
No person shall recklessly disclose the count or any portion of
the count of provisional ballots in such a manner as to jeopardize
the secrecy of any individual ballot.
(E)(F)(1) Except as otherwise provided in division (E)(F)(2)
of this section, nothing in this section shall prevent a board of
elections from examining provisional ballot affirmations and
additional information under divisions (B)(1) and (2) of this
section to determine the eligibility of provisional ballots to be
counted during the ten days after the day of an election.
(2) A board of elections shall not examine the provisional
ballot affirmation and additional information under divisions
(B)(1) and (2) of this section of any provisional ballot for which
an election official has indicated under division (B)(7) 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.
Section 2. That existing sections 3501.22, 3503.16, 3505.18,
3505.181, 3505.182, and 3505.183 of the Revised Code are hereby
repealed.
Section 3. 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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