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Am. S. B. No. 238 As Passed by the SenateAs Passed by the Senate
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Schaffer, Seitz, Jordan, Eklund, Coley, Widener, Burke, Lehner
A BILL
To amend sections 3509.01 and 3511.10 of the Revised
Code to reduce the days for absent voting.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3509.01 and 3511.10 of the Revised
Code be amended to read as follows:
Sec. 3509.01. (A) The board of elections of each county shall
provide absent voter's ballots for use at every primary and
general election, or special election to be held on the day
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. Those
ballots shall be the same size, shall be printed on the same kind
of paper, and shall be in the same form as has been approved for
use at the election for which those ballots are to be voted;
except that, in counties using marking devices, ballot cards may
be used for absent voter's ballots, and those absent voters shall
be instructed to record the vote in the manner provided on the
ballot cards. In counties where punch card ballots are used, those
absent voters shall be instructed to examine their marked ballot
cards and to remove any chads that remain partially attached to
them before returning them to election officials.
(B) The rotation of names of candidates and questions and
issues shall be substantially complied with on absent voter's
ballots, within the limitation of time allotted. Those ballots
shall be designated as "Absent Voter's Ballots." Except as
otherwise provided in division (D) of this section, those ballots
shall be printed and ready for use as follows:
(1) For overseas voters and absent uniformed services voters
eligible to vote under 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, ballots shall be printed and ready
for use other than in person on the forty-fifth day before the day
of the election.
(2) For all other voters, other than overseas voters and
absent uniformed services voters, who are applying to vote absent
voter's ballots other than in person, ballots shall be printed and
ready for use on the
thirty-fifth first day before after the day
of close of voter registration before the election.
(3) For all voters who are applying to vote absent voter's
ballots in person, ballots shall be printed and ready for use
beginning on the first day after the close of voter registration
before the election.
If, at the time for the close of in-person absent voting on a
particular day, there are voters waiting in line to cast their
ballots, the in-person absent voting location shall be kept open
until such waiting voters have cast their absent voter's ballots.
(C) Absent voter's ballots provided for use at a general or
primary election, or special election to be held on the day
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, shall
include only those questions, issues, and candidacies that have
been lawfully ordered submitted to the electors voting at that
election.
(D) If the laws governing the holding of a special election
on a day other than the day on which a primary or general election
is held make it impossible for absent voter's ballots to be
printed and ready for use by the deadlines established in division
(B) of this section, absent voter's ballots for those special
elections shall be ready for use as many days before the day of
the election as reasonably possible under the laws governing the
holding of that special election.
(E) A copy of the absent voter's ballots shall be forwarded
by the director of the board in each county to the secretary of
state at least twenty-five days before the election.
(F) As used in this section, "chad" and "punch card ballot"
have the same meanings as in section 3506.16 of the Revised Code.
Sec. 3511.10. If, after the thirty-fifth first day after the
close of voter registration before a general or primary election
and before the close of the polls on the day of a general or
primary that 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.
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 3509.01 and 3511.10 of the
Revised Code are hereby repealed.
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