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S. B. No. 362 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Gentile, Cafaro, Schiavoni, Sawyer, Skindell, Tavares, Brown
A BILL
To amend sections 3509.01, 3509.03, 3511.02, and
3511.10 of the Revised Code to extend the period
for in-person absent voting and to specify the
days and hours for in-person absent voting.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3509.01, 3509.03, 3511.02, 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.
(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 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 first thirty-fifth day after the close of voter
registration before the day of the election.
(3)(a) 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 thirty-fifth day after the close of voter
registration before the day of the election and shall continue to
be available for use through two p.m. on the day before the day of
the election, according to the following minimum standards:
(i) During the first three weeks of in-person absent voting,
ballots shall be available from eight a.m. through five p.m.
Monday through Friday, except that ballots shall be available
until nine p.m. on the last day of voter registration for that
election;
(ii) Beginning on the third Monday before the day of the
election, ballots shall be available from eight a.m. through seven
p.m. Monday through Friday, from eight a.m. through five p.m. on
Saturday, and from twelve p.m. through eight p.m. on Sunday;
(iii) Beginning on the second Monday before the day of the
election, ballots shall be available from eight a.m. through nine
p.m. Monday through Friday, from eight a.m. through eight p.m. on
Saturday, and from twelve p.m. through eight p.m. on Sunday;
(iv) On the last Monday before the day of the election,
ballots shall be available from eight a.m. through two p.m.
(b) A board of elections may alter the hours that absent
voter's ballots are available for use in person under division
(B)(3)(a) of this section based on the individual facts and needs
of the electors in the applicable county by a vote of not less
than three members of the board. If a board alters the hours
specified in that division, all of the following shall apply:
(i) Ballots shall be available until nine p.m. on the last
day of voter registration for that election;
(ii) Ballots shall be available for a minimum of thirty hours
each week on weekdays throughout the thirty-five-day period, with
at least ten of those hours occurring after five p.m.;
(iii) Ballots shall be available for a minimum of eight hours
on a Saturday and a minimum of four hours on a Sunday within the
last two weekends before the day of the election;
(iv) Ballots shall be available from at least eight a.m.
through two p.m. on the day before the day of the election.
(c) 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.
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 the close of
the time for in-person absent voting as determined under division
(B)(3) of section 3509.01 of the Revised Code 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 this section and in sections
3505.24 and 3509.08 of the Revised Code, an election official
shall not fill out any portion of an application for absent
voter's ballots on behalf of an applicant. The secretary of state
or a board of elections may preprint only an applicant's name and
address on an application for absent voter's ballots before
mailing that application to the applicant.
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 the close of the time for in-person absent voting as
determined under division (B)(3) of section 3509.01 of the Revised
Code 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 this section and in
sections 3505.24 and 3509.08 of the Revised Code, an election
official shall not fill out any portion of a federal post card
application or other application for absent voter's ballots on
behalf of an applicant. The secretary of state or a board of
elections may preprint only an applicant's name and address on a
federal post card application or other application for absent
voter's ballots before mailing that application to the applicant.
Sec. 3511.10. If, after the first day after the close of
voter registration before a general or primary election and during
the time that absent voter's ballots may be cast in person before
the close of the polls on the day of that an 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 fill out any portion of an
application for absent voter's ballots, an identification envelope
statement of voter, or an absent voter's ballot requested under
this section 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 3509.01, 3509.03, 3511.02,
and 3511.10 of the Revised Code are hereby repealed.
Section 3. Section 3509.01 of the Revised Code is presented
in this act as a composite of the section as amended by Am. S.B.
10, Am. Sub. S.B. 109, and Am. S.B. 238, all of the 130th General
Assembly. Section 3511.10 of the Revised Code is presented in this
act as a composite of the section as amended by both Sub. S.B. 205
and Am. S.B. 238 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
composites are the resulting versions of the sections in effect
prior to the effective date of the sections as presented in this
act.
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