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S. B. No. 337 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Schiavoni, Tavares, Seitz
A BILL
To amend sections 3501.05 and 3517.153 of the Revised
Code to permit the Secretary of State and the Ohio
Elections Commission to issue subpoenas and
summons in the performance of their duties, as
authorized under the Elections Law, to any person
outside the state and to provide for the
enforcement of the subpoenas and summons under the
Elections Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.05 and 3517.153 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 to any person within or without the state,
summon witnesses within or without the state, 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.
Any person,
within or without the state, who fails to obey a subpoena or
summons issued by the secretary of state pursuant to this section
may be prosecuted under section 3599.37 of the Revised Code, as
applicable.
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.
Sec. 3517.153. (A) Upon the filing of a complaint with the
Ohio elections commission, which shall be made by affidavit of any
person, on personal knowledge, and subject to the penalties for
perjury, or upon the filing of a complaint made by the secretary
of state or an official at the board of elections, setting forth a
failure to comply with or a violation of any 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, the commission shall proceed in
accordance with sections 3517.154 to 3517.157 of the Revised Code.
(B) The commission shall prescribe the form for complaints
made under division (A) of this section. The secretary of state
and boards of elections shall furnish the information that the
commission requests. The commission or a member of the commission
may administer oaths, and the commission may issue subpoenas to
any person in within or without the state compelling the
attendance of witnesses and the production of relevant papers,
books, accounts, and reports. Any person, within or without the
state, who fails to obey a subpoena issued by the commission
pursuant to this section may be prosecuted under section 3599.37
of the Revised Code, as applicable. Section 101.42 of the Revised
Code governs the issuance of subpoenas insofar as applicable. Upon
the refusal of any person to obey a subpoena or to be sworn or to
answer as a witness, the commission may apply to the court of
common pleas of Franklin county under section 2705.03 of the
Revised Code. The court shall hold proceedings in accordance with
Chapter 2705. of the Revised Code.
(C) No prosecution shall commence for 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
unless a complaint has been filed with the commission under this
section and all proceedings of the commission or a panel of the
commission, as appropriate, under sections 3517.154 to 3517.157 of
the Revised Code are completed.
(D) The commission may recommend legislation and render
advisory opinions concerning sections 3517.08, 3517.082, 3517.092,
3517.102, 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20 to
3517.22, 3599.03, and 3599.031 of the Revised Code for persons
over whose acts it has or may have jurisdiction. When the
commission renders an advisory opinion relating to a specific set
of circumstances involving any of those sections stating that
there is no violation of a provision in those sections, the person
to whom the opinion is directed or a person who is similarly
situated may reasonably rely on the opinion and is immune from
criminal prosecution and a civil action, including, without
limitation, a civil action for removal from public office or
employment, based on facts and circumstances covered by the
opinion.
(E) The commission shall establish a web site on which it
shall post, at a minimum, all decisions and advisory opinions
issued by the commission and copies of each election law as it is
amended by the general assembly. The commission shall update the
web site regularly to reflect any changes to those decisions and
advisory opinions and any new decisions and advisory opinions.
Section 2. That existing sections 3501.05 and 3517.153 of
the Revised Code are hereby repealed.
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