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Sub. S. B. No. 47 As Enrolled
(130th General Assembly)
(Substitute Senate Bill Number 47)
AN ACT
To amend sections 3.02, 302.09, 305.02, 503.24,
733.31, 1901.10, 2301.02, 3501.301, 3501.38,
3503.06, 3503.14, 3503.16, 3503.19, 3503.28,
3505.13, 3505.18, 3505.181, 3505.182, 3505.183,
3509.03, 3509.04, 3509.05, 3511.02, 3511.05,
3511.09, 3513.04, 3513.262, 3513.263, 3513.30,
3513.31, 3519.05, and 3519.16 and to enact section
3501.302 of the Revised Code to revise the
Election Law.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3.02, 302.09, 305.02, 503.24,
733.31, 1901.10, 2301.02, 3501.301, 3501.38, 3503.06, 3503.14,
3503.16, 3503.19, 3503.28, 3505.13, 3505.18, 3505.181, 3505.182,
3505.183, 3509.03, 3509.04, 3509.05, 3511.02, 3511.05, 3511.09,
3513.04, 3513.262, 3513.263, 3513.30, 3513.31, 3519.05, and
3519.16 be amended and section 3501.302 of the Revised Code be
enacted to read as follows:
Sec. 3.02. (A) When an elective office becomes vacant and is
filled by appointment, such appointee shall hold the office until
the appointee's successor is elected and qualified; and such
successor shall be elected for the unexpired term, at the first
general election for the office which is vacant that occurs more
than fifty-six forty days after the vacancy has occurred; provided
that when the unexpired term ends within one year immediately
following the date of such general election, an election to fill
such unexpired term shall not be held and the appointment shall be
for such unexpired term.
(B) When an elective office becomes vacant and is filled by
appointment, the appointing authority shall, immediately but no
later than seven days after making the appointment, certify it to
the board of elections and to the secretary of state. The board of
elections or, in the case of an appointment to a statewide office,
the secretary of state shall issue a certificate of appointment to
the appointee. Certificates of appointment shall be in such form
as the secretary of state shall prescribe.
(C) When an elected candidate fails to qualify for the office
to which the candidate has been elected, the office shall be
filled as in the case of a vacancy. Until so filled, the incumbent
officer shall continue to hold office. This section does not
postpone the time for such election beyond that at which it would
have been held had no such vacancy occurred, or affect the
official term, or the time for the commencement thereof, of any
person elected to such office before the occurrence of such
vacancy.
Sec. 302.09. When a vacancy occurs in the board of county
commissioners or in the office of county auditor, county
treasurer, prosecuting attorney, clerk of the court of common
pleas, sheriff, county recorder, county engineer, or coroner more
than fifty-six forty days before the next general election for
state and county officers, the vacancy shall be filled as provided
for in divisions (A) and (B) of section 305.02 of the Revised
Code.
Sec. 305.02. (A) If a vacancy in the office of county
commissioner, prosecuting attorney, county auditor, county
treasurer, clerk of the court of common pleas, sheriff, county
recorder, county engineer, or coroner occurs more than fifty-six
forty days before the next general election for state and county
officers, a successor shall be elected at such election for the
unexpired term unless such term expires within one year
immediately following the date of such general election.
In either event, the vacancy shall be filled as provided in
this section and the appointee shall hold office until a successor
is elected and qualified.
(B) If a vacancy occurs from any cause in any of the offices
named in division (A) of this section, the county central
committee of the political party with which the last occupant of
the office was affiliated shall appoint a person to hold the
office and to perform the duties thereof until a successor is
elected and has qualified, except that if such vacancy occurs
because of the death, resignation, or inability to take the office
of an officer-elect whose term has not yet begun, an appointment
to take such office at the beginning of the term shall be made by
the central committee of the political party with which such
officer-elect was affiliated.
(C) Not less than five nor more than forty-five days after a
vacancy occurs, the county central committee shall meet for the
purpose of making an appointment under this section. Not less than
four days before the date of such meeting the chairperson or
secretary of such central committee shall send by first class mail
to every member of such central committee a written notice which
shall state the time and place of such meeting and the purpose
thereof. A majority of the members of the central committee
present at such meeting may make the appointment.
(D) If the last occupant of the office or the officer-elect
was elected as an independent candidate, the board of county
commissioners shall make such appointment at the time when the
vacancy occurs, except where the vacancy is in the office of
county commissioner, in which case the prosecuting attorney and
the remaining commissioners or a majority of them shall make the
appointment.
(E) Appointments made under this section shall be certified
by the appointing county central committee or by the board of
county commissioners to the county board of elections and to the
secretary of state, and the persons so appointed and certified
shall be entitled to all remuneration provided by law for the
offices to which they are appointed.
(F) The board of county commissioners may appoint a person to
hold any of the offices named in division (A) of this section as
an acting officer and to perform the duties thereof between the
occurrence of the vacancy and the time when the officer appointed
by the central committee qualifies and takes the office.
(G) A person appointed prosecuting attorney or assistant
prosecuting attorney shall give bond and take the oath of office
prescribed by section 309.03 of the Revised Code for the
prosecuting attorney.
Sec. 503.24. If there is a vacancy by reason of the
nonacceptance, death, or removal of a person chosen to an office
in any township at the regular election, or if there is a vacancy
from any other cause, the board of township trustees shall appoint
a person having the qualifications of an elector to fill such
vacancy for the unexpired term or until a successor is elected.
If a township is without a board or if no appointment is made
within thirty days after the occurrence of a vacancy, a majority
of the persons designated as the committee of five on the
last-filed nominating petition of the township officer whose
vacancy is to be filled who are residents of the township shall
appoint a person having the qualifications of an elector to fill
the vacancy for the unexpired term or until a successor is
elected. If at least three of the committee members who are
residents of the township cannot be found, or if that number of
such members fails to make an appointment within ten days after
the thirty-day period in which the board of township trustees is
authorized to make an appointment, then the presiding probate
judge of the county shall appoint a suitable person having the
qualifications of an elector in the township to fill the vacancy
for the unexpired term or until a successor is elected.
If a vacancy occurs in a township elective office more than
fifty-six forty days before the next general election for
municipal and township officers a successor shall be chosen at
that election to fill the unexpired term, provided the term does
not expire within one year from the day of the election. If the
term expires within one year from the day of the next general
election for municipal and township officers, a successor
appointed pursuant to this section shall serve out the unexpired
term.
Sec. 733.31. (A) Unless otherwise provided by law, vacancies
arising in appointive and elective offices of villages shall be
filled by appointment by the mayor for the remainder of the
unexpired term, provided that:
(1) Vacancies in the office of mayor shall be filled in the
manner provided by section 733.25 of the Revised Code;
(2) Vacancies in the membership of the legislative authority
shall be filled in the manner provided by section 731.43 of the
Revised Code;
(3) Vacancies in the office of president pro tempore of a
village legislative authority shall be filled in the manner
provided by section 731.11 of the Revised Code.
In the event of a vacancy in the office of village clerk or
treasurer, the mayor may appoint a person to serve as an acting
officer to perform the duties of the office until a permanent
officer is appointed to fill the vacancy.
(B) Unless otherwise provided by law, vacancies arising in
appointive offices of cities shall be filled by appointment by the
mayor for the remainder of the unexpired term.
(C) A vacancy in the office of president of the legislative
authority of a city shall be filled in the same manner as provided
in division (D) of this section. Vacancies in the office of mayor
of a city shall be filled in the manner provided in section 733.08
of the Revised Code. Vacancies in the membership of the
legislative authority of a city shall be filled in the manner
provided in section 731.43 of the Revised Code.
(D) In case of the death, resignation, removal, or disability
of the director of law, auditor, or treasurer of a city and such
vacancy occurs more than fifty-six forty days before the next
general election for such office, a successor shall be elected at
such election for the unexpired term unless such term expires
within one year immediately following the date of such general
election. In either event, the vacancy shall be filled as provided
in this section and the appointee shall hold office until a
successor is elected and qualified.
(1) The county central committee of the political party with
which the last occupant of the office was affiliated, acting
through its members who reside in the city where the vacancy
occurs, shall appoint a person to hold the office and to perform
the duties thereof until a successor is elected and has qualified,
except that if such vacancy occurs because of the death,
resignation, or inability to take the office of an officer-elect
whose term has not yet begun, an appointment to take such office
at the beginning of the term shall be made by the members of the
central committee who reside in the city where the vacancy occurs.
(2) Not less than five nor more than forty-five days after a
vacancy occurs, the county central committee, acting through its
members who reside in the city where the vacancy occurs, shall
meet for the purpose of making an appointment. Not less than four
days before the date of the meeting the chairperson or secretary
of the central committee shall send by first class mail to every
member of such central committee who resides in the city where the
vacancy occurs a written notice which shall state the time and
place of such meeting and the purpose thereof. A majority of the
members of the central committee present at such meeting may make
the appointment.
(E) If the last occupant of the office or the officer-elect,
as provided in division (D) of this section, was elected as an
independent candidate, the mayor of the city shall make the
appointment at the time the vacancy occurs.
(F) Appointments made under this section shall be certified
by the appointing county central committee or by the mayor of the
municipal corporation to the county board of elections and to the
secretary of state. The persons so appointed and certified shall
be entitled to all remuneration provided by law for the offices to
which they are appointed.
(G) The mayor of the city may appoint a person to hold the
city office of director of law, auditor, or treasurer as an acting
officer and to perform the duties thereof between the occurrence
of the vacancy and the time when the person appointed by the
central committee qualifies and takes the office.
Sec. 1901.10. (A)(1)(a) The judges of the municipal court
and officers of the court shall take an oath of office as provided
in section 3.23 of the Revised Code. The office of judge of the
municipal court is subject to forfeiture, and the judge may be
removed from office, for the causes and by the procedure provided
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the
office of judge exists upon the death, resignation, forfeiture,
removal from office, or absence from official duties for a period
of six consecutive months, as determined under this section, of
the judge and also by reason of the expiration of the term of an
incumbent when no successor has been elected or qualified. The
chief justice of the supreme court may designate a judge of
another municipal court to act until that vacancy is filled in
accordance with section 107.08 of the Revised Code. A vacancy
resulting from the absence of a judge from official duties for a
period of six consecutive months shall be determined and declared
by the legislative authority.
(b) If a vacancy occurs in the office of judge or clerk of
the municipal court after the one-hundredth day before the first
Tuesday after the first Monday in May and prior to the fifty-sixth
fortieth day before the day of the general election, all
candidates for election to the unexpired term of the judge or
clerk shall file nominating petitions with the board of elections
not later than four p.m. on the tenth day following the day on
which the vacancy occurs, except that, when the vacancy occurs
fewer than four six days before the fifty-sixth fortieth day
before the general election, the deadline for filing shall be four
p.m. on the fiftieth thirty-sixth day before the day of the
general election.
(c) Each nominating petition referred to in division
(A)(1)(b) of this section shall be in the form prescribed in
section 3513.261 of the Revised Code and shall be signed by at
least fifty qualified electors of the territory of the municipal
court. No nominating petition shall be accepted for filing or
filed if it appears on its face to contain signatures aggregating
in number more than twice the minimum aggregate number of
signatures required by this section.
(2) If a judge of a municipal court that has only one judge
is temporarily absent, incapacitated, or otherwise unavailable,
the judge may appoint a substitute who has the qualifications
required by section 1901.06 of the Revised Code or a retired judge
of a court of record who is a qualified elector and a resident of
the territory of the court. If the judge is unable to make the
appointment, the chief justice of the supreme court shall appoint
a substitute. The appointee shall serve during the absence,
incapacity, or unavailability of the incumbent, shall have the
jurisdiction and powers conferred upon the judge of the municipal
court, and shall be styled "acting judge." During that time of
service, the acting judge shall sign all process and records and
shall perform all acts pertaining to the office, except that of
removal and appointment of officers of the court. All courts shall
take judicial notice of the selection and powers of the acting
judge. The incumbent judge shall establish the amount of
compensation of an acting judge upon either a per diem, hourly, or
other basis, but the rate of pay shall not exceed the per diem
amount received by the incumbent judge.
(B) When the volume of cases pending in any municipal court
necessitates an additional judge, the chief justice of the supreme
court, upon the written request of the judge or presiding judge of
that municipal court, may designate a judge of another municipal
court or county court to serve for any period of time that the
chief justice may prescribe. The compensation of a judge so
designated shall be paid from the city treasury or, in the case of
a county-operated municipal court, from the county treasury. In
addition to the annual salary provided for in section 1901.11 of
the Revised Code and in addition to any compensation under
division (A)(5) or (6) of section 141.04 of the Revised Code to
which the judge is entitled in connection with the judge's own
court, a full-time or part-time judge while holding court outside
the judge's territory on the designation of the chief justice
shall receive actual and necessary expenses and compensation as
follows:
(1) A full-time judge shall receive thirty dollars for each
day of the assignment.
(2) A part-time judge shall receive for each day of the
assignment the per diem compensation of the judges of the court to
which the judge is assigned, less the per diem amount paid to
those judges pursuant to section 141.04 of the Revised Code,
calculated on the basis of two hundred fifty working days per
year.
If a request is made by a judge or the presiding judge of a
municipal court to designate a judge of another municipal court
because of the volume of cases in the court for which the request
is made and the chief justice reports, in writing, that no
municipal or county court judge is available to serve by
designation, the judges of the court requesting the designation
may appoint a substitute as provided in division (A)(2) of this
section, who may serve for any period of time that is prescribed
by the chief justice. The substitute judge shall be paid in the
same manner and at the same rate as the incumbent judges, except
that, if the substitute judge is entitled to compensation under
division (A)(5) or (6) of section 141.04 of the Revised Code, then
section 1901.121 of the Revised Code shall govern its payment.
Sec. 2301.02. The number of judges of the court of common
pleas for each county, the time for the next election of the
judges in the several counties, and the beginning of their terms
shall be as follows:
(A) In Adams, Ashland, Fayette, and Pike counties, one judge,
elected in 1956, term to begin February 9, 1957;
In Brown, Crawford, Defiance, Highland, Holmes, Morgan,
Ottawa, and Union counties, one judge, to be elected in 1954, term
to begin February 9, 1955;
In Auglaize county, one judge, to be elected in 1956, term to
begin January 9, 1957;
In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and
Wyandot counties, one judge, to be elected in 1956, term to begin
January 1, 1957;
In Morrow county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and one to be elected in 2006, term to
begin January 1, 2007;
In Logan county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and one to be elected in 2004, term to
begin January 2, 2005;
In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,
Shelby, Van Wert, and Williams counties, one judge, to be elected
in 1952, term to begin January 1, 1953;
In Champaign county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and one to be elected in 2008, term
to begin February 10, 2009.;
In Harrison and Noble counties, one judge, to be elected in
1954, term to begin April 18, 1955;
In Henry county, two judges, one to be elected in 1956, term
to begin May 9, 1957, and one to be elected in 2004, term to begin
January 1, 2005;
In Putnam county, one judge, to be elected in 1956, term to
begin May 9, 1957;
In Huron county, one judge, to be elected in 1952, term to
begin May 14, 1953;
In Perry county, one judge, to be elected in 1954, term to
begin July 6, 1956;
In Sandusky county, two judges, one to be elected in 1954,
term to begin February 10, 1955, and one to be elected in 1978,
term to begin January 1, 1979;.
(B) In Allen county, three judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1958,
term to begin January 1, 1959, and the third to be elected in
1992, term to begin January 1, 1993;
In Ashtabula county, three judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1960, term to
begin January 1, 1961, and one to be elected in 1978, term to
begin January 2, 1979;
In Athens county, two judges, one to be elected in 1954, term
to begin February 9, 1955, and one to be elected in 1990, term to
begin July 1, 1991;
In Erie county, four judges, one to be elected in 1956, term
to begin January 1, 1957, the second to be elected in 1970, term
to begin January 2, 1971, the third to be elected in 2004, term to
begin January 2, 2005, and the fourth to be elected in 2008, term
to begin February 9, 2009;
In Fairfield county, three judges, one to be elected in 1954,
term to begin February 9, 1955, the second to be elected in 1970,
term to begin January 1, 1971, and the third to be elected in
1994, term to begin January 2, 1995;
In Geauga county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and the second to be elected in 1976,
term to begin January 6, 1977;
In Greene county, four judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1960,
term to begin January 1, 1961, the third to be elected in 1978,
term to begin January 2, 1979, and the fourth to be elected in
1994, term to begin January 1, 1995;
In Hancock county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1978, term to begin January 1, 1979;
In Lawrence county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and the second to be elected in
1976, term to begin January 1, 1977;
In Marion county, three judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1976,
term to begin January 2, 1977, and the third to be elected in
1998, term to begin February 9, 1999;
In Medina county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1966,
term to begin January 1, 1967, and the third to be elected in
1994, term to begin January 1, 1995;
In Miami county, two judges, one to be elected in 1954, term
to begin February 9, 1955, and one to be elected in 1970, term to
begin on January 1, 1971;
In Muskingum county, three judges, one to be elected in 1968,
term to begin August 9, 1969, one to be elected in 1978, term to
begin January 1, 1979, and one to be elected in 2002, term to
begin January 2, 2003;
In Portage county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1986, term to begin January 2, 1987;
In Ross county, two judges, one to be elected in 1956, term
to begin February 9, 1957, and the second to be elected in 1976,
term to begin January 1, 1977;
In Scioto county, three judges, one to be elected in 1954,
term to begin February 10, 1955, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1994, term to begin January 2, 1995;
In Seneca county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and the second to be elected in 1986,
term to begin January 2, 1987;
In Warren county, four judges, one to be elected in 1954,
term to begin February 9, 1955, the second to be elected in 1970,
term to begin January 1, 1971, the third to be elected in 1986,
term to begin January 1, 1987, and the fourth to be elected in
2004, term to begin January 2, 2005;
In Washington county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and one to be elected in 1986, term
to begin January 1, 1987;
In Wood county, three judges, one to be elected in 1968, term
beginning January 1, 1969, the second to be elected in 1970, term
to begin January 2, 1971, and the third to be elected in 1990,
term to begin January 1, 1991;
In Belmont and Jefferson counties, two judges, to be elected
in 1954, terms to begin January 1, 1955, and February 9, 1955,
respectively;
In Clark county, four judges, one to be elected in 1952, term
to begin January 1, 1953, the second to be elected in 1956, term
to begin January 2, 1957, the third to be elected in 1986, term to
begin January 3, 1987, and the fourth to be elected in 1994, term
to begin January 2, 1995.;
In Clermont county, five judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1964,
term to begin January 1, 1965, the third to be elected in 1982,
term to begin January 2, 1983, the fourth to be elected in 1986,
term to begin January 2, 1987;, and the fifth to be elected in
2006, term to begin January 3, 2007;
In Columbiana county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1956, term to begin January 1, 1957;
In Delaware county, two judges, one to be elected in 1990,
term to begin February 9, 1991, the second to be elected in 1994,
term to begin January 1, 1995;
In Lake county, six judges, one to be elected in 1958, term
to begin January 1, 1959, the second to be elected in 1960, term
to begin January 2, 1961, the third to be elected in 1964, term to
begin January 3, 1965, the fourth and fifth to be elected in 1978,
terms to begin January 4, 1979, and January 5, 1979, respectively,
and the sixth to be elected in 2000, term to begin January 6,
2001;
In Licking county, four judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1964, term to
begin January 1, 1965, one to be elected in 1990, term to begin
January 1, 1991, and one to be elected in 2004, term to begin
January 1, 2005;
In Lorain county, nine judges, two to be elected in 1952,
terms to begin January 1, 1953, and January 2, 1953, respectively,
one to be elected in 1958, term to begin January 3, 1959, one to
be elected in 1968, term to begin January 1, 1969, two to be
elected in 1988, terms to begin January 4, 1989, and January 5,
1989, respectively, two to be elected in 1998, terms to begin
January 2, 1999, and January 3, 1999, respectively; and one to be
elected in 2006, term to begin January 6, 2007;
In Butler county, eleven judges, one to be elected in 1956,
term to begin January 1, 1957; two to be elected in 1954, terms to
begin January 1, 1955, and February 9, 1955, respectively; one to
be elected in 1968, term to begin January 2, 1969; one to be
elected in 1986, term to begin January 3, 1987; two to be elected
in 1988, terms to begin January 1, 1989, and January 2, 1989,
respectively; one to be elected in 1992, term to begin January 4,
1993; two to be elected in 2002, terms to begin January 2, 2003,
and January 3, 2003, respectively; and one to be elected in 2006,
term to begin January 3, 2007;
In Richland county, four judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin February 9, 1961, the third to be elected in 1968,
term to begin January 2, 1969, and the fourth to be elected in
2004, term to begin January 3, 2005;
In Tuscarawas county, two judges, one to be elected in 1956,
term to begin January 1, 1957, and the second to be elected in
1960, term to begin January 2, 1961;
In Wayne county, two judges, one to be elected in 1956, term
beginning January 1, 1957, and one to be elected in 1968, term to
begin January 2, 1969;
In Trumbull county, six judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1954,
term to begin January 1, 1955, the third to be elected in 1956,
term to begin January 1, 1957, the fourth to be elected in 1964,
term to begin January 1, 1965, the fifth to be elected in 1976,
term to begin January 2, 1977, and the sixth to be elected in
1994, term to begin January 3, 1995;
(C) In Cuyahoga county, thirty-nine judges; eight to be
elected in 1954, terms to begin on successive days beginning from
January 1, 1955, to January 7, 1955, and February 9, 1955,
respectively; eight to be elected in 1956, terms to begin on
successive days beginning from January 1, 1957, to January 8,
1957; three to be elected in 1952, terms to begin from January 1,
1953, to January 3, 1953; two to be elected in 1960, terms to
begin on January 8, 1961, and January 9, 1961, respectively; two
to be elected in 1964, terms to begin January 4, 1965, and January
5, 1965, respectively; one to be elected in 1966, term to begin on
January 10, 1967; four to be elected in 1968, terms to begin on
successive days beginning from January 9, 1969, to January 12,
1969; two to be elected in 1974, terms to begin on January 18,
1975, and January 19, 1975, respectively; five to be elected in
1976, terms to begin on successive days beginning January 6, 1977,
to January 10, 1977; two to be elected in 1982, terms to begin
January 11, 1983, and January 12, 1983, respectively; and two to
be elected in 1986, terms to begin January 13, 1987, and January
14, 1987, respectively;
In Franklin county, twenty-two judges; two to be elected in
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January
1, 1957, to January 4, 1957; four to be elected in 1958, terms to
begin January 1, 1959, to January 4, 1959; three to be elected in
1968, terms to begin January 5, 1969, to January 7, 1969; three to
be elected in 1976, terms to begin on successive days beginning
January 5, 1977, to January 7, 1977; one to be elected in 1982,
term to begin January 8, 1983; one to be elected in 1986, term to
begin January 9, 1987; two to be elected in 1990, terms to begin
July 1, 1991, and July 2, 1991, respectively; one to be elected in
1996, term to begin January 2, 1997; and one to be elected in
2004, term to begin July 1, 2005;
In Hamilton county, twenty-one judges; eight to be elected in
1966, terms to begin January 1, 1967, January 2, 1967, and from
February 9, 1967, to February 14, 1967, respectively; five to be
elected in 1956, terms to begin from January 1, 1957, to January
5, 1957; one to be elected in 1964, term to begin January 1, 1965;
one to be elected in 1974, term to begin January 15, 1975; one to
be elected in 1980, term to begin January 16, 1981; two to be
elected at large in the general election in 1982, terms to begin
April 1, 1983; one to be elected in 1990, term to begin July 1,
1991; and two to be elected in 1996, terms to begin January 3,
1997, and January 4, 1997, respectively;
In Lucas county, fourteen judges; two to be elected in 1954,
terms to begin January 1, 1955, and February 9, 1955,
respectively; two to be elected in 1956, terms to begin January 1,
1957, and October 29, 1957, respectively; two to be elected in
1952, terms to begin January 1, 1953, and January 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 4, 1969;
two to be elected in 1976, terms to begin January 4, 1977, and
January 5, 1977, respectively; one to be elected in 1982, term to
begin January 6, 1983; one to be elected in 1988, term to begin
January 7, 1989; one to be elected in 1990, term to begin January
2, 1991; and one to be elected in 1992, term to begin January 2,
1993;
In Mahoning county, seven judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and
February 9, 1955, respectively; one to be elected in 1956, term to
begin January 1, 1957; one to be elected in 1952, term to begin
January 1, 1953; one to be elected in 1968, term to begin January
2, 1969; and one to be elected in 1990, term to begin July 1,
1991;
In Montgomery county, fifteen judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and January
3, 1955, respectively; four to be elected in 1952, terms to begin
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 3, 1969;
three to be elected in 1976, terms to begin on successive days
beginning January 4, 1977, to January 6, 1977; two to be elected
in 1990, terms to begin July 1, 1991, and July 2, 1991,
respectively; and one to be elected in 1992, term to begin January
1, 1993.;
In Stark county, eight judges; one to be elected in 1958,
term to begin on January 2, 1959; two to be elected in 1954, terms
to begin on January 1, 1955, and February 9, 1955, respectively;
two to be elected in 1952, terms to begin January 1, 1953, and
April 16, 1953, respectively; one to be elected in 1966, term to
begin on January 4, 1967; and two to be elected in 1992, terms to
begin January 1, 1993, and January 2, 1993, respectively;
In Summit county, thirteen judges; four to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, January 3,
1955, and February 9, 1955, respectively; three to be elected in
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,
1959, respectively; one to be elected in 1966, term to begin
January 4, 1967; one to be elected in 1968, term to begin January
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one
to be elected in 1992, term to begin January 6, 1993; and two to
be elected in 2008, terms to begin January 5, 2009, and January 6,
2009, respectively.
Notwithstanding the foregoing provisions, in any county
having two or more judges of the court of common pleas, in which
more than one-third of the judges plus one were previously elected
at the same election, if the office of one of those judges so
elected becomes vacant more than fifty-six forty days prior to the
second general election preceding the expiration of that judge's
term, the office that that judge had filled shall be abolished as
of the date of the next general election, and a new office of
judge of the court of common pleas shall be created. The judge who
is to fill that new office shall be elected for a six-year term at
the next general election, and the term of that judge shall
commence on the first day of the year following that general
election, on which day no other judge's term begins, so that the
number of judges that the county shall elect shall not be reduced.
Judges of the probate division of the court of common pleas
are judges of the court of common pleas but shall be elected
pursuant to sections 2101.02 and 2101.021 of the Revised Code,
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot
counties in which the judge of the court of common pleas elected
pursuant to this section also shall serve as judge of the probate
division, except in Lorain county in which the judges of the
domestic relations division of the Lorain county court of common
pleas elected pursuant to this section also shall perform the
duties and functions of the judge of the probate division from
February 9, 2009, through September 28, 2009, and except in Morrow
county in which the judges of the court of common pleas elected
pursuant to this section also shall perform the duties and
functions of the judge of the probate division.
Sec. 3501.301. A contract involving a cost in excess of ten
twenty-five thousand dollars for printing and furnishing the
supplies, other than the official ballots, required in section
3501.30 of the Revised Code, shall not be let until the board of
elections has caused notice to be published once in a newspaper of
general circulation within the county or upon notice given by
mail, addressed to the responsible suppliers within the state. The
board of elections may require that each bid be accompanied by a
bond, with at least two individual sureties, or a surety company,
satisfactory to the board, in a sum double the amount of the bid,
conditioned upon the faithful performance of the contract awarded
and for the payment as damages by such bidder to the board of any
excess of cost over the bid which it may be required to pay for
such work by reason of the failure of the bidder to complete the
contract. The contract shall be let to the lowest and best bidder.
Sec. 3501.302. The secretary of state may enter into
agreements for the bulk purchase of election supplies in order to
reduce the costs for such purchases by individual boards of
elections. A board of elections desiring to participate in such
purchase agreements shall file with the secretary of state a
written request for inclusion. A request for inclusion shall
include an agreement to be bound by such terms and conditions as
the secretary of state prescribes and to make direct payments to
the vendor under each purchase agreement.
Sec. 3501.38. All declarations of candidacy, nominating
petitions, or other petitions presented to or filed with the
secretary of state or a board of elections or with any other
public office for the purpose of becoming a candidate for any
nomination or office or for the holding of an election on any
issue shall, in addition to meeting the other specific
requirements prescribed in the sections of the Revised Code
relating to them, be governed by the following rules:
(A) Only electors qualified to vote on the candidacy or issue
which is the subject of the petition shall sign a petition. Each
signer shall be a registered elector pursuant to section 3503.11
3503.01 of the Revised Code. The facts of qualification shall be
determined as of the date when the petition is filed.
(B) Signatures shall be affixed in ink. Each signer may also
print the signer's name, so as to clearly identify the signer's
signature.
(C) Each signer shall place on the petition after the
signer's name the date of signing and the location of the signer's
voting residence, including the street and number if in a
municipal corporation or the rural route number, post office
address, or township if outside a municipal corporation. The
voting address given on the petition shall be the address
appearing in the registration records at the board of elections.
(D) Except as otherwise provided in section 3501.382 of the
Revised Code, no person shall write any name other than the
person's own on any petition. Except as otherwise provided in
section 3501.382 of the Revised Code, no person may authorize
another to sign for the person. If a petition contains the
signature of an elector two or more times, only the first
signature shall be counted.
(E)(1) On each petition paper, the circulator shall indicate
the number of signatures contained on it, and shall sign a
statement made under penalty of election falsification that the
circulator witnessed the affixing of every signature, that all
signers were to the best of the circulator's knowledge and belief
qualified to sign, and that every signature is to the best of the
circulator's knowledge and belief the signature of the person
whose signature it purports to be or of an attorney in fact acting
pursuant to section 3501.382 of the Revised Code. On the
circulator's statement for a declaration of candidacy or
nominating petition for a person seeking to become a statewide
candidate or for a statewide initiative or a statewide referendum
petition, the circulator shall identify the circulator's name, the
address of the circulator's permanent residence, and the name and
address of the person employing the circulator to circulate the
petition, if any.
(2) As used in division (E) of this section, "statewide
candidate" means the joint candidates for the offices of governor
and lieutenant governor or a candidate for the office of secretary
of state, auditor of state, treasurer of state, or attorney
general.
(F) Except as otherwise provided in section 3501.382 of the
Revised Code, if a circulator knowingly permits an unqualified
person to sign a petition paper or permits a person to write a
name other than the person's own on a petition paper, that
petition paper is invalid; otherwise, the signature of a person
not qualified to sign shall be rejected but shall not invalidate
the other valid signatures on the paper.
(G) The circulator of a petition may, before filing it in a
public office, strike from it any signature the circulator does
not wish to present as a part of the petition.
(H) Any signer of a petition or an attorney in fact acting
pursuant to section 3501.382 of the Revised Code on behalf of a
signer may remove the signer's signature from that petition at any
time before the petition is filed in a public office by striking
the signer's name from the petition; no signature may be removed
after the petition is filed in any public office.
(I)(1) No alterations, corrections, or additions may be made
to a petition after it is filed in a public office.
(2)(a) No declaration of candidacy, nominating petition, or
other petition for the purpose of becoming a candidate may be
withdrawn after it is filed in a public office. Nothing in this
division prohibits a person from withdrawing as a candidate as
otherwise provided by law.
(b) No petition presented to or filed with the secretary of
state, a board of elections, or any other public office for the
purpose of the holding of an election on any question or issue may
be resubmitted after it is withdrawn from a public office or
rejected as containing insufficient signatures. Nothing in this
division prevents a question or issue petition from being
withdrawn by the filing of a written notice of the withdrawal by a
majority of the members of the petitioning committee with the same
public office with which the petition was filed prior to the
sixtieth day before the election at which the question or issue is
scheduled to appear on the ballot.
(J) All declarations of candidacy, nominating petitions, or
other petitions under this section shall be accompanied by the
following statement in boldface capital letters: WHOEVER COMMITS
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
(K) All separate petition papers shall be filed at the same
time, as one instrument.
(L) If a board of elections distributes for use a petition
form for a declaration of candidacy, nominating petition, or any
type of question or issue petition that does not satisfy the
requirements of law as of the date of that distribution, the board
shall not invalidate the petition on the basis that the petition
form does not satisfy the requirements of law, if the petition
otherwise is valid. Division (L) of this section applies only if
the candidate received the petition from the board within ninety
days of when the petition is required to be filed.
Sec. 3503.06. (A) No person shall be entitled to vote at any
election, or to sign or circulate any declaration of candidacy or
any nominating, or recall petition, unless the person is
registered as an elector and will have resided in the county and
precinct where the person is registered for at least thirty days
at the time of the next election.
(B)(1) No person shall be entitled to sign any petition,
unless the person is registered as an elector and resides in a
precinct in which the candidacy or issue that is the subject of
the petition will appear on the ballot.
(C)(1)(a) Except for a nominating petition for presidential
electors, no person shall be entitled to circulate any initiative
or referendum petition unless the person is a resident of this
state and is at least eighteen years of age.
(b) No person shall be entitled to circulate a nominating
petition for presidential electors unless the person is at least
eighteen years of age.
(2) All election officials, in determining the residence of a
person circulating a petition under division (B)(C)(1) of this
section, shall be governed by the following rules:
(a) That place shall be considered the residence of a person
in which the person's habitation is fixed and to which, whenever
the person is absent, the person has the intention of returning.
(b) A person shall not be considered to have lost the
person's residence who leaves the person's home and goes into
another state for temporary purposes only, with the intention of
returning.
(c) A person shall not be considered to have gained a
residence in any county of this state into which the person comes
for temporary purposes only, without the intention of making that
county the permanent place of abode.
(d) If a person removes to another state with the intention
of making that state the person's residence, the person shall be
considered to have lost the person's residence in this state.
(e) Except as otherwise provided in division (B)(C)(2)(f) of
this section, if a person removes from this state and continuously
resides outside this state for a period of four years or more, the
person shall be considered to have lost the person's residence in
this state, notwithstanding the fact that the person may entertain
an intention to return at some future period.
(f) If a person removes from this state to engage in the
services of the United States government, the person shall not be
considered to have lost the person's residence in this state
during the period of that service, and likewise should the person
enter the employment of the state, the place where that person
resided at the time of the person's removal shall be considered to
be the person's place of residence.
(g) If a person goes into another state and, while there,
exercises the right of a citizen by voting, the person shall be
considered to have lost the person's residence in this state.
(C) No person shall be entitled to sign any initiative or
referendum petition unless the person is registered as an elector
and will have resided in the county and precinct where the person
is registered for at least thirty days at the time of the next
election.
Sec. 3503.14. (A) The secretary of state shall prescribe the
form and content of the registration, change of residence, and
change of name forms used in this state. The forms shall meet the
requirements of the National Voter Registration Act of 1993 and
shall include spaces for all of the following:
(1) The voter's name;
(2) The voter's address;
(3) The current date;
(4) The voter's date of birth;
(5) The voter to provide one or more of the following:
(a) The voter's driver's license number, if any;
(b) The last four digits of the voter's social security
number, if any;
(c) A copy of a 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 an election mailed by
a board of elections under section 3501.19 of the Revised Code or
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 address.
(6) The voter's signature.
The registration form shall include a space on which the
person registering an applicant shall sign the person's name and
provide the person's address and a space on which the person
registering an applicant shall name the employer who is employing
that person to register the applicant.
Except for forms prescribed by the secretary of state under
section 3503.11 of the Revised Code, the secretary of state shall
permit boards of elections to produce forms that have subdivided
spaces for each individual alphanumeric character of the
information provided by the voter so as to accommodate the
electronic reading and conversion of the voter's information to
data and the subsequent electronic transfer of that data to the
statewide voter registration database established under section
3503.15 of the Revised Code.
(B) None of the following persons who are registering an
applicant in the course of that official's or employee's normal
duties shall sign the person's name, provide the person's address,
or name the employer who is employing the person to register an
applicant on a form prepared under this section:
(1) An election official;
(2) A county treasurer;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(C) Except as provided in section 3501.382 of the Revised
Code, any applicant who is unable to sign the applicant's own name
shall make an "X," if possible, which shall be certified by the
signing of the name of the applicant by the person filling out the
form, who shall add the person's own signature. If an applicant is
unable to make an "X," the applicant shall indicate in some manner
that the applicant desires to register to vote or to change the
applicant's name or residence. The person registering the
applicant shall sign the form and attest that the applicant
indicated that the applicant desired to register to vote or to
change the applicant's name or residence.
(D) No registration, change of residence, or change of name
form shall be rejected solely on the basis that a person
registering an applicant failed to sign the person's name or
failed to name the employer who is employing that person to
register the applicant as required under division (A) of this
section.
(E) As used in this section, "registering an applicant"
includes any effort, for compensation, to provide voter
registration forms or to assist persons in completing or returning
those forms.
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 an election mailed by a board of elections under section
3501.19 of the Revised Code or 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, 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, 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 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 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. 3503.19. (A) Persons qualified to register or to change
their registration because of a change of address or change of
name may register or change their registration in person at any
state or local office of a designated agency, at the office of the
registrar or any deputy registrar of motor vehicles, at a public
high school or vocational school, at a public library, at the
office of a county treasurer, or at a branch office established by
the board of elections, or in person, through another person, or
by mail at the office of the secretary of state or at the office
of a board of elections. A registered elector may also change the
elector's registration on election day at any polling place where
the elector is eligible to vote, in the manner provided under
section 3503.16 of the Revised Code.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the
office of a county treasurer shall transmit any voter registration
application or change of registration form that it receives to the
board of elections of the county in which the state or local
office is located, within five days after receiving the voter
registration application or change of registration form.
An otherwise valid voter registration application that is
returned to the appropriate office other than by mail must be
received by a state or local office of a designated agency, the
office of the registrar or any deputy registrar of motor vehicles,
a public high school or vocational school, a public library, the
office of a county treasurer, the office of the secretary of
state, or the office of a board of elections no later than the
thirtieth day preceding a primary, special, or general election
for the person to qualify as an elector eligible to vote at that
election. An otherwise valid registration application received
after that day entitles the elector to vote at all subsequent
elections.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the
office of a county treasurer shall date stamp a registration
application or change of name or change of address form it
receives using a date stamp that does not disclose the identity of
the state or local office that receives the registration.
Voter registration applications, if otherwise valid, that are
returned by mail to the office of the secretary of state or to the
office of a board of elections must be postmarked no later than
the thirtieth day preceding a primary, special, or general
election in order for the person to qualify as an elector eligible
to vote at that election. If an otherwise valid voter registration
application that is returned by mail does not bear a postmark or a
legible postmark, the registration shall be valid for that
election if received by the office of the secretary of state or
the office of a board of elections no later than twenty-five days
preceding any special, primary, or general election.
(B)(1) Any person may apply in person, by telephone, by mail,
or through another person for voter registration forms to the
office of the secretary of state or the office of a board of
elections. An individual who is eligible to vote as a uniformed
services voter or an overseas voter in accordance with 42 U.S.C.
1973ff-6 also may apply for voter registration forms by electronic
means to the office of the secretary of state or to the board of
elections of the county in which the person's voting residence is
located pursuant to section 3503.191 of the Revised Code.
(2)(a) An applicant may return the applicant's completed
registration form in person or by mail to any state or local
office of a designated agency, to a public high school or
vocational school, to a public library, to the office of a county
treasurer, to the office of the secretary of state, or to the
office of a board of elections. An applicant who is eligible to
vote as a uniformed services voter or an overseas voter in
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's
completed voter registration form electronically to the office of
the secretary of state or to the board of elections of the county
in which the person's voting residence is located pursuant to
section 3503.191 of the Revised Code.
(b) Subject to division (B)(2)(c) of this section, an
applicant may return the applicant's completed registration form
through another person to any board of elections or the office of
the secretary of state.
(c) A person who receives compensation for registering a
voter shall return any registration form entrusted to that person
by an applicant to any board of elections or to the office of the
secretary of state.
(d) If a board of elections or the office of the secretary of
state receives a registration form under division (B)(2)(b) or (c)
of this section before the thirtieth day before an election, the
board or the office of the secretary of state, as applicable,
shall forward the registration to the board of elections of the
county in which the applicant is seeking to register to vote
within ten days after receiving the application. If a board of
elections or the office of the secretary of state receives a
registration form under division (B)(2)(b) or (c) of this section
on or after the thirtieth day before an election, the board or the
office of the secretary of state, as applicable, shall forward the
registration to the board of elections of the county in which the
applicant is seeking to register to vote within thirty days after
that election.
(C)(1) A board of elections that receives a voter
registration application and is satisfied as to the truth of the
statements made in the registration form shall register the
applicant not later than twenty business days after receiving the
application, unless that application is received during the thirty
days immediately preceding the day of an election. The board shall
promptly notify the applicant in writing of each of the following:
(a) The applicant's registration;
(b) The precinct in which the applicant is to vote;
(c) In bold type as follows:
"Voters must bring identification to the polls in order to
verify identity. Identification may include 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 this notification or a
notification of an election mailed by a board of elections, that
shows the voter's name and current address. Voters who do not
provide one of these documents will still be able to vote by
casting a provisional ballot. Voters who do not have any of the
above forms of identification, including a social security number,
will still be able to vote by signing an affirmation swearing to
the voter's identity under penalty of election falsification and
by casting a provisional ballot."
The notification shall be by nonforwardable mail. If the mail
is returned to the board, it shall investigate and cause the
notification to be delivered to the correct address.
(2) If, after investigating as required under division (C)(1)
of this section, the board is unable to verify the voter's correct
address, it shall cause the voter's name in the official
registration list and in the poll list or signature pollbook to be
marked to indicate that the voter's notification was returned to
the board.
At the first election at which a voter whose name has been so
marked appears to vote, the voter shall be required to provide
identification to the election officials and to vote by
provisional ballot under section 3505.181 of the Revised Code. If
the provisional ballot is counted pursuant to division (B)(3) of
section 3505.183 of the Revised Code, the board shall correct that
voter's registration, if needed, and shall remove the indication
that the voter's notification was returned from that voter's name
on the official registration list and on the poll list or
signature pollbook. If the provisional ballot is not counted
pursuant to division (B)(4)(a)(i), (v), or (vi) of section
3505.183 of the Revised Code, the voter's registration shall be
canceled. The board shall notify the voter by United States mail
of the cancellation.
(3) If a notice of the disposition of an otherwise valid
registration application is sent by nonforwardable mail and is
returned undelivered, the person shall be registered as provided
in division (C)(2) of this section and sent a confirmation notice
by forwardable mail. If the person fails to respond to the
confirmation notice, update the person's registration, or vote by
provisional ballot as provided in division (C)(2) of this section
in any election during the period of two federal elections
subsequent to the mailing of the confirmation notice, the person's
registration shall be canceled.
Sec. 3503.28. (A) The secretary of state shall develop an
information brochure regarding voter registration. The brochure
shall include, but is not limited to, all of the following
information:
(1) The applicable deadlines for registering to vote or for
returning an applicant's completed registration form;
(2) The applicable deadline for returning an applicant's
completed registration form if the person returning the form is
being compensated for registering voters;
(3) The locations to which a person may return an applicant's
completed registration form;
(4) The location to which a person who is compensated for
registering voters may return an applicant's completed
registration form;
(5) The registration and affirmation requirements applicable
to persons who are compensated for registering voters under
section 3503.29 of the Revised Code;
(6) A notice, which shall be written in bold type, stating as
follows:
"Voters must bring identification to the polls in order to
verify identity. Identification may include 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 an election
or a voter registration notification sent by a board of elections,
that shows the voter's name and current address. Voters who do not
provide one of these documents will still be able to vote by
casting a provisional ballot. Voters who do not have any of the
above forms of identification, including a social security number,
will still be able to vote by signing an affirmation swearing to
the voter's identity under penalty of election falsification and
by casting a provisional ballot."
(B) Except as otherwise provided in division (D) of this
section, a board of elections, designated agency, public high
school, public vocational school, public library, office of a
county treasurer, or deputy registrar of motor vehicles shall
distribute a copy of the brochure developed under division (A) of
this section to any person who requests more than two voter
registration forms at one time.
(C)(1) The secretary of state shall provide the information
required to be included in the brochure developed under division
(A) of this section to any person who prints a voter registration
form that is made available on a web site of the office of the
secretary of state.
(2) If a board of elections operates and maintains a web
site, the board shall provide the information required to be
included in the brochure developed under division (A) of this
section to any person who prints a voter registration form that is
made available on that web site.
(D) A board of elections shall not be required to distribute
a copy of a brochure under division (B) of this section to any of
the following officials or employees who are requesting more than
two voter registration forms at one time in the course of the
official's or employee's normal duties:
(1) An election official;
(2) A county treasurer;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(E) As used in this section, "registering voters" includes
any effort, for compensation, to provide voter registration forms
or to assist persons in completing or returning those forms.
Sec. 3505.13. A contract for the printing of ballots
involving a cost in excess of ten twenty-five thousand dollars
shall not be let until after five days' notice published once in a
newspaper of general circulation published in the county or upon
notice given by mail by the board of elections, addressed to the
responsible printing offices within the state. Except as otherwise
provided in this section, each bid for such printing must be
accompanied by a bond with at least two sureties, or a surety
company, satisfactory to the board, in a sum double the amount of
the bid, conditioned upon the faithful performance of the contract
for such printing as is awarded and for the payment as damages by
such bidder to the board of any excess of cost over the bid which
it may be obliged to pay for such work by reason of the failure of
the bidder to complete the contract. No bid unaccompanied by such
bond shall be considered by the board. The board may, however,
waive the requirement that each bid be accompanied by a bond if
the cost of the contract is ten twenty-five thousand dollars or
less. The contract shall be let to the lowest responsible bidder
in the state. All ballots shall be printed within the state.
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 an election
mailed by a board of elections under section 3501.19 of the
Revised Code or 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 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.
(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:
(a) The elector's name;
(b) The elector's address;
(c) The current date;
(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 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) 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 absent voter's ballot for that election and who
appears to vote at the polling place;
(6) 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) An individual 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) 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) 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 individual shall be permitted to cast a provisional
ballot at that polling place upon the execution of 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 an election mailed by a board of elections under section
3501.19 of the Revised Code or 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 shall record the type of identification
provided, 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 ballot or voter or
address information 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, the
election official 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 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 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 to be eligible to be
counted, the individual who cast that ballot, within ten days
after the day of the election, shall do any 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 an election mailed by
a board of elections under section 3501.19 of the Revised Code or
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;
(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 to be eligible to be counted, the individual who
cast that ballot, within ten days 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 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.
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
STATE OF OHIO
I, .................... (Name of provisional voter), solemnly
swear or affirm 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 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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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 an election mailed by a board of elections under section 3501.19 of the Revised Code or 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 an election mailed by a board of elections under section 3501.19 of the Revised Code or 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 must check the
following true statement concerning additional information needed
to determine the eligibility of the provisional voter.)
...... The provisional voter is required to provide
additional information to the board of elections.
...... An application or challenge hearing regarding this
voter has been postponed until after the election.
(The election official must check the following true
statement concerning identification provided by the provisional
voter, if any.)
...... The provisional voter provided a current and valid
photo identification.
...... The provisional voter provided a current valid photo
identification, other than a driver's license or a state
identification card, with the voter's former address instead of
current address and has provided the election official both the
current and former addresses.
...... The provisional voter 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 an election mailed by a board of
elections under section 3501.19 of the Revised Code or 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.
...... The provisional voter provided the last four digits of
the voter's social security number.
...... 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 an
election mailed by a board of elections under section 3501.19 of
the Revised Code or 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. The provisional voter must provide one of
the foregoing items of identification to the board of elections
within ten days 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 an
election mailed by a board of elections under section 3501.19 of
the Revised Code or 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.
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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.
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 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;
(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 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) If applicable, the individual provided any additional
information required under division (B)(8) of section 3505.181 of
the Revised Code within ten days after the day of the election.
(f) 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, 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 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 an election
mailed by a board of elections under section 3501.19 of the
Revised Code or 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.
(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) 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) Provisional ballots that the board determines are
eligible to be counted under division (B)(3) 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)(1) Except as otherwise provided in division (E)(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.
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:
(A) The elector's name;
(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 an
election mailed by a board of elections under section 3501.19 of
the Revised Code or 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 the last Friday before
the day of the election at which the ballots are to be voted if
the application is delivered in person to the office of the board.
Sec. 3509.04. (A) If a director of a board of elections
receives an application for absent voter's ballots that does not
contain all of the required information, the director promptly
shall notify the applicant of the additional information required
to be provided by the applicant to complete that application.
(B) Upon receipt by the director of elections of an
application for absent voter's ballots that contains all of the
required information, as provided by section 3509.03 and division
(G) of section 3503.16 of the Revised Code, the director, if the
director finds that the applicant is a qualified elector, shall
deliver to the applicant in person or mail directly to the
applicant by special delivery mail, air mail, or regular mail,
postage prepaid, proper absent voter's ballots. The director shall
deliver or mail with the ballots an unsealed identification
envelope upon the face of which shall be printed a form
substantially as follows:
"Identification Envelope Statement of Voter
I, ........................(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed in
the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which is in Ward ............... Precinct ................
in that city, village, or township.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained within this envelope are to be voted at the
.......... (general, special, or primary) election to be held on
the .......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's
license number).
The last four digits of my Social Security Number are
............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number or the
last four digits of my Social Security Number, I am enclosing a
copy of one of the following in the return envelope in which this
identification envelope will be mailed: a current and valid photo
identification, a military identification, or a current utility
bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections,
that shows my name and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF
THE FIFTH DEGREE."
The director shall mail with the ballots and the unsealed
identification envelope an unsealed return envelope upon the face
of which shall be printed the official title and post-office
address of the director. In the upper left corner on the face of
the return envelope, several blank lines shall be printed upon
which the voter may write the voter's name and return address. The
return envelope shall be of such size that the identification
envelope can be conveniently placed within it for returning the
identification envelope to the director.
Sec. 3509.05. (A) When an elector receives an absent voter's
ballot pursuant to the elector's application or request, the
elector shall, before placing any marks on the ballot, note
whether there are any voting marks on it. If there are any voting
marks, the ballot shall be returned immediately to the board of
elections; otherwise, the elector shall cause the ballot to be
marked, folded in a manner that the stub on it and the
indorsements and facsimile signatures of the members of the board
of elections on the back of it are visible, and placed and sealed
within the identification envelope received from the director of
elections for that purpose. Then, the elector shall cause the
statement of voter on the outside of the identification envelope
to be completed and signed, under penalty of election
falsification.
If the elector does not provide the elector's driver's
license number or the last four digits of the elector's social
security number on the statement of voter on the identification
envelope, the elector also shall include in the return envelope
with the identification envelope a copy of the elector's current
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 an election mailed by a board of elections under section
3501.19 of the Revised Code or 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.
The elector shall mail the identification envelope to the
director from whom it was received in the return envelope, postage
prepaid, or the elector may personally deliver it to the director,
or the spouse of the elector, the father, mother, father-in-law,
mother-in-law, grandfather, grandmother, brother, or sister of the
whole or half blood, or the son, daughter, adopting parent,
adopted child, stepparent, stepchild, uncle, aunt, nephew, or
niece of the elector may deliver it to the director. The return
envelope shall be transmitted to the director in no other manner,
except as provided in section 3509.08 of the Revised Code.
When absent voter's ballots are delivered to an elector at
the office of the board, the elector may retire to a voting
compartment provided by the board and there mark the ballots.
Thereupon, the elector shall fold them, place them in the
identification envelope provided, seal the envelope, fill in and
sign the statement on the envelope under penalty of election
falsification, and deliver the envelope to the director of the
board.
Except as otherwise provided in division (B) of this section,
all other envelopes containing marked absent voter's ballots shall
be delivered to the director not later than the close of the polls
on the day of an election. Absent voter's ballots delivered to the
director later than the times specified shall not be counted, but
shall be kept by the board in the sealed identification envelopes
in which they are delivered to the director, 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.
(B)(1) Except as otherwise provided in division (B)(2) of
this section, any return envelope that is postmarked prior to the
day of the election shall be delivered to the director prior to
the eleventh day after the election. Ballots delivered in
envelopes postmarked prior to the day of the election that are
received after the close of the polls on election day through the
tenth day thereafter shall be counted on the eleventh day at the
board of elections in the manner provided in divisions (C) and (D)
of section 3509.06 of the Revised Code. Any such ballots that are
received by the director later than the tenth day following the
election shall not be counted, but shall be kept by the board in
the sealed identification envelopes as provided in division (A) of
this section.
(2) Division (B)(1) of this section shall not apply to any
mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1.
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:
(1) The elector's name;
(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 an
election mailed by a board of elections under section 3501.19 of
the Revised Code or 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 an
election mailed by a board of elections under section 3501.19 of
the Revised Code or a notice of voter registration mailed by a
board of elections under section 3503.19 of the Revised Code, that
shows the name and address of the elector.
(7) A statement identifying the election for which absent
voter's ballots are requested;
(8) A statement that the person requesting the ballots is a
qualified elector;
(9) If the request is for primary election ballots, the
elector's party affiliation;
(10) A statement that the applicant bears a relationship to
the elector as specified in division (C) of this section;
(11) The address to which ballots shall be mailed, the
telephone number to which ballots shall be sent by facsimile
machine, the electronic mail address to which ballots shall be
sent by electronic mail, or, if internet delivery is offered by
the board of elections or the secretary of state, the internet
contact information to which ballots shall be sent through
internet delivery;
(12) The signature and address of the person making the
application.
Each application for uniformed services or overseas absent
voter's ballots shall be delivered to the director not earlier
than the first day of January of the year of the elections for
which the uniformed services or overseas absent voter's ballots
are requested or not earlier than ninety days before the day of
the election at which the ballots are to be voted, whichever is
earlier, and not later than twelve noon of the third day preceding
the day of the election, or not later than six p.m. on the last
Friday before the day of the election at which those ballots are
to be voted if the application is delivered in person to the
office of the board.
(D) If the voter for whom the application is made is entitled
to vote for presidential and vice-presidential electors only, the
applicant shall submit to the director in addition to the
requirements of divisions (A), (B), and (C) of this section, a
statement to the effect that the voter is qualified to vote for
presidential and vice-presidential electors and for no other
offices.
Sec. 3511.05. (A) The director of the board of elections
shall place uniformed services or overseas absent voter's ballots
sent by mail in an unsealed identification envelope, gummed ready
for sealing. The director shall include with uniformed services or
overseas absent voter's ballots sent electronically, including by
facsimile machine, an instruction sheet for preparing a gummed
envelope in which the ballots shall be returned. The envelope for
returning ballots sent by either means shall have printed or
written on its face a form substantially as follows:
"Identification Envelope Statement of Voter
I, ........................(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed in
the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which is in Ward ............... Precinct ................
in that city, village, or township.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained within this envelope are to be voted at the
.......... (general, special, or primary) election to be held on
the .......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's
license number).
The last four digits of my Social Security Number are
............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number or the
last four digits of my Social Security Number, I am enclosing a
copy of one of the following in the return envelope in which this
identification envelope will be mailed: a current and valid photo
identification, a military identification, or a current utility
bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections,
that shows my name and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF
THE FIFTH DEGREE."
(B) The director shall also mail with the ballots and the
unsealed identification envelope sent by mail an unsealed return
envelope, gummed, ready for sealing, for use by the voter in
returning the voter's marked ballots to the director. The director
shall send with the ballots and the instruction sheet for
preparing a gummed envelope sent electronically, including by
facsimile machine, an instruction sheet for preparing a second
gummed envelope as described in this division, for use by the
voter in returning that voter's marked ballots to the director.
The return envelope shall have two parallel lines, each one
quarter of an inch in width, printed across its face paralleling
the top, with an intervening space of one quarter of an inch
between such lines. The top line shall be one and one-quarter
inches from the top of the envelope. Between the parallel lines
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank
lines shall be printed in the upper left corner on the face of the
envelope for the use by the voter in placing the voter's complete
military, naval, or mailing address on these lines, and beneath
these lines there shall be printed a box beside the words "check
if out-of-country." The voter shall check this box if the voter
will be outside the United States on the day of the election. The
official title and the post-office address of the director to whom
the envelope shall be returned shall be printed on the face of
such envelope in the lower right portion below the bottom parallel
line.
(C) On the back of each identification envelope and each
return envelope shall be printed the following:
"Instructions to voter:
If the flap on this envelope is so firmly stuck to the back
of the envelope when received by you as to require forcible
opening in order to use it, open the envelope in the manner least
injurious to it, and, after marking your ballots and enclosing
same in the envelope for mailing them to the director of the board
of elections, reclose the envelope in the most practicable way, by
sealing or otherwise, and sign the blank form printed below.
The flap on this envelope was firmly stuck to the back of the
envelope when received, and required forced opening before sealing
and mailing.
(D) Division (C) of this section does not apply when absent
voter's ballots are sent electronically, including by facsimile
machine.
Sec. 3511.09. Upon receiving uniformed services or overseas
absent voter's ballots, the elector shall cause the questions on
the face of the identification envelope to be answered, and, by
writing the elector's usual signature in the proper place on the
identification envelope, the elector shall declare under penalty
of election falsification that the answers to those questions are
true and correct to the best of the elector's knowledge and
belief. Then, the elector shall note whether there are any voting
marks on the ballot. If there are any voting marks, the ballot
shall be returned immediately to the board of elections;
otherwise, the elector shall cause the ballot to be marked, folded
separately so as to conceal the markings on it, deposited in the
identification envelope, and securely sealed in the identification
envelope. The elector then shall cause the identification envelope
to be placed within the return envelope, sealed in the return
envelope, and mailed to the director of the board of elections to
whom it is addressed. The ballot shall be submitted for mailing
not later than 12:01 a.m. at the place where the voter completes
the ballot, on the date of the election. If the elector does not
provide the elector's driver's license number or the last four
digits of the elector's social security number on the statement of
voter on the identification envelope, the elector also shall
include in the return envelope with the identification envelope a
copy of the elector's current 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 an election mailed by a board of
elections under section 3501.19 of the Revised Code or 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. Each elector who will be outside the United States on
the day of the election shall check the box on the return envelope
indicating this fact and shall mail the return envelope to the
director prior to the close of the polls on election day.
Every uniformed services or overseas absent voter's ballot
identification envelope shall be accompanied by the following
statement in boldface capital letters: WHOEVER COMMITS ELECTION
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
Sec. 3513.04. Candidates for party nominations to state,
district, county, and municipal offices or positions, for which
party nominations are provided by law, and for election as members
of party controlling committees shall have their names printed on
the official primary ballot by filing a declaration of candidacy
and paying the fees specified for the office under divisions (A)
and (B) of section 3513.10 of the Revised Code, except that the
joint candidates for party nomination to the offices of governor
and lieutenant governor shall, for the two of them, file one
declaration of candidacy. The joint candidates also shall pay the
fees specified for the joint candidates under divisions (A) and
(B) of section 3513.10 of the Revised Code.
The secretary of state shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of governor unless the declaration of candidacy also
shows a joint candidate for the same party's nomination to the
office of lieutenant governor, shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of lieutenant governor unless the declaration of
candidacy also shows a joint candidate for the same party's
nomination to the office of governor, and shall not accept for
filing a declaration of candidacy that shows a candidate for party
nomination to the office of governor or lieutenant governor who,
for the same election, has already filed a declaration of
candidacy or a declaration of intent to be a write-in candidate,
or has become a candidate by the filling of a vacancy under
section 3513.30 of the Revised Code for any other state office or
any federal or county office.
No person who seeks party nomination for an office or
position at a primary election by declaration of candidacy or by
declaration of intent to be a write-in candidate and no person who
is a first choice for president of candidates seeking election as
delegates and alternates to the national conventions of the
different major political parties who are chosen by direct vote of
the electors as provided in this chapter shall be permitted to
become a candidate by nominating petition or, by declaration of
intent to be a write-in candidate, or by filling a vacancy under
section 3513.31 of the Revised Code at the following general
election for any office other than the office of member of the
state board of education, office of member of a city, local, or
exempted village board of education, office of member of a
governing board of an educational service center, or office of
township trustee.
Sec. 3513.262. The nominating petitions of all candidates
required to be filed before four p.m. of the day before the day of
the primary election immediately preceding the general election
shall be processed as follows:
If such petition is filed with the secretary of state, he
the secretary of state shall, not later than the fifteenth day of
June following the filing of such petition, or if the primary
election was a presidential primary election, not later than the
end of the sixth week after the day of that election, transmit to
each board such separate petition papers as purport to contain
signatures of electors of the county of such board. If such
petition is filed with the board of the most populous county of a
district or of a county in which the major portion of the
population of a subdivision is located, such board shall, not
later than the fifteenth day of June, or if the primary election
was a presidential primary election, not later than the end of the
sixth week after the day of that election, transmit to each board
within such district such separate petition papers of the petition
as purport to contain signatures of electors of the county of such
board.
All petition papers so transmitted to a board and all
nominating petitions filed with a board shall, under proper
regulations, be open to public inspection from the fifteenth day
of June until four p.m. of the thirtieth day of that month, or if
the primary election was a presidential primary election, from the
end of the sixth week after the election until four p.m. of the
end of the seventh week after the election. Each board shall, not
later than the next fifteenth day of July, or if the primary
election was a presidential primary election, not later than the
end of the tenth week after the day of that election, examine and
determine the sufficiency of the signatures on the petition papers
transmitted to or filed with it, and the validity of the petitions
filed with it, and shall return to the secretary of state all
petition papers transmitted to it by him the secretary of state,
together with its certification of its determination as to the
validity or invalidity of signatures thereon, and shall return to
each other board all petition papers transmitted to it by such
other board, as provided in this section, together with its
certification of its determination as to the validity or
invalidity of signatures thereon. A signature on a nominating
petition is not valid if it is dated more than one year before the
date the nominating petition was filed. All other matters
affecting the validity or invalidity of such petition papers shall
be determined by the secretary of state or the board with whom
such petition papers were filed.
Written protests against nominating petitions may be filed by
any qualified elector eligible to vote for the candidate whose
nominating petition he the elector objects to, not later than four
p.m. of the thirtieth day of July, or if the primary election was
a presidential primary election, not later than the end of the
twelfth week after the day of that election. Such protests shall
be filed with the election officials with whom the nominating
petition was filed. Upon the filing of such protest, the election
officials with whom it is filed shall promptly fix the time and
place for hearing it, and shall forthwith mail notice of the
filing of such protest and the time and place for hearing it to
the person whose nomination is protested. They shall also
forthwith mail notice of the time and place fixed for the hearing
to the person who filed the protest. At the time fixed, such
election officials shall hear the protest and determine the
validity or invalidity of the petition. Such determination shall
be final.
A protest against the nominating petition filed by joint
candidates for the offices of governor and lieutenant governor
shall be filed, heard, and determined in the same manner as a
protest against the nominating petition of a candidate who files
by himself individually.
Sec. 3513.263. The nominating petitions of all candidates
required to be filed before four p.m. of the ninetieth day before
the day of the general election, shall be processed as follows:
If such petition is filed with the secretary of state, the
secretary of state shall promptly transmit to each board such
separate petition papers as purports to contain signatures of
electors of the county of such board.
If such petition is filed with the board of a county in which
the major portion of the population of a subdivision is located,
such board shall promptly transmit to the board of each county in
which other portions of such subdivision are located such separate
petition papers of the petition as purport to contain signatures
of electors of such county.
All petition papers so transmitted to a board of elections,
and all nominating petitions filed with a board of elections
shall, under proper regulation, be open to public inspection until
four p.m. of the eightieth day before the day of such general
election. Each board shall, not later than the seventy-eighth day
before the day of such general election examine and determine the
sufficiency of the signatures on the petition papers transmitted
to or filed with it and the validity or invalidity of petitions
filed with it, and shall return to each other board all petition
papers transmitted to it by such other board, together with its
certification of its determination as to the validity or
invalidity of signatures thereon. A signature on a nominating
petition is not valid if it is dated more than one year before the
date the nominating petition was filed. All other matters
affecting the validity or invalidity of such petition papers shall
be determined by the board with whom such petition papers were
filed.
Written protests against such nominating petitions may be
filed by any qualified elector eligible to vote for the candidate
whose nominating petition the elector objects to, not later than
the seventy-fourth day before the general election. Such protests
shall be filed with the election officials with whom the
nominating petition was filed. Upon the filing of such protests,
the election officials with whom it is filed shall promptly fix
the time and place for hearing it, and shall forthwith mail notice
of the filing of such protest and the time and place for hearing
it to the person whose nomination is protested. They shall also
forthwith mail notice of the time and place fixed for the hearing
to the person who filed the protest. At the time and place fixed,
such election officials shall hear the protest and determine the
validity or invalidity of the petition. Such determination shall
be final.
Sec. 3513.30. (A)(1) If only one valid declaration of
candidacy is filed for nomination as a candidate of a political
party for an office and that candidate dies prior to the tenth day
before the primary election, both of the following may occur:
(a) The political party whose candidate died may fill the
vacancy so created as provided in division (A)(2) of this section.
(b) Any major political party other than the one whose
candidate died may select a candidate as provided in division
(A)(2) of this section under either of the following
circumstances:
(i) No person has filed a valid declaration of candidacy for
nomination as that party's candidate at the primary election.
(ii) Only one person has filed a valid declaration of
candidacy for nomination as that party's candidate at the primary
election, that person has withdrawn, died, or been disqualified
under section 3513.052 of the Revised Code, and the vacancy so
created has not been filled.
(2) A vacancy may be filled under division (A)(1)(a) and a
selection may be made under division (A)(1)(b) of this section by
the appropriate committee of the political party in the same
manner as provided in divisions (A) to (E) of section 3513.31 of
the Revised Code for the filling of similar vacancies created by
withdrawals or disqualifications under section 3513.052 of the
Revised Code after the primary election, except that the
certification required under that section may not be filed with
the secretary of state, or with a board of the most populous
county of a district, or with the board of a county in which the
major portion of the population of a subdivision is located, later
than four p.m. of the tenth day before the day of such primary
election, or with any other board later than four p.m. of the
fifth day before the day of such primary election.
(3) If only one valid declaration of candidacy is filed for
nomination as a candidate of a political party for an office and
that candidate dies on or after the tenth day before the day of
the primary election, that candidate is considered to have
received the nomination of that candidate's political party at
that primary election, and, for purposes of filling the vacancy so
created, that candidate's death shall be treated as if that
candidate died on the day after the day of the primary election.
(B) Any person filing a declaration of candidacy may withdraw
as such candidate at any time prior to the primary election. The
withdrawal shall be effected and the statement of withdrawal shall
be filed in accordance with the procedures prescribed in division
(D) of this section for the withdrawal of persons nominated in a
primary election or by nominating petition.
(C) A person who is the first choice for president of the
United States by a candidate for delegate or alternate to a
national convention of a political party may withdraw consent for
the selection of the person as such first choice no later than
four p.m. of the fortieth day before the day of the presidential
primary election. Withdrawal of consent shall be for the entire
slate of candidates for delegates and alternates who named such
person as their presidential first choice and shall constitute
withdrawal from the primary election by such delegates and
alternates. The withdrawal shall be made in writing and delivered
to the secretary of state. If the withdrawal is delivered to the
secretary of state on or before the seventieth day before the day
of the primary election, the boards of elections shall remove both
the name of the withdrawn first choice and the names of such
withdrawn candidates from the ballots according to the directions
of the secretary of state. If the withdrawal is delivered to the
secretary of state after the seventieth day before the day of the
primary election, the board of elections shall not remove the name
of the withdrawn first choice and the names of the withdrawn
candidates from the ballots. The board of elections shall post a
notice at each polling location on the day of the primary
election, and shall enclose with each absent voter's ballot given
or mailed after the candidate withdraws, a notice that votes for
the withdrawn first choice or the withdrawn candidates will be
void and will not be counted. If such names are not removed from
all ballots before the day of the election, the votes for the
withdrawn first choice or the withdrawn candidates are void and
shall not be counted.
(D) Any person nominated in a primary election or by
nominating petition as a candidate for election at the next
general election may withdraw as such candidate at any time prior
to the general election. Such withdrawal may be effected by the
filing of a written statement by such candidate announcing the
candidate's withdrawal and requesting that the candidate's name
not be printed on the ballots. If such candidate's declaration of
candidacy or nominating petition was filed with the secretary of
state, the candidate's statement of withdrawal shall be addressed
to and filed with the secretary of state. If such candidate's
declaration of candidacy or nominating petition was filed with a
board of elections, the candidate's statement of withdrawal shall
be addressed to and filed with such board.
(E) When a person withdraws under division (B) or (D) of this
section on or before the seventieth day before the day of the
primary election or the general election, the board of elections
shall remove the name of the withdrawn candidate from the ballots
according to the directions of the secretary of state. When a
person withdraws under division (B) or (D) of this section after
the seventieth day before the day of the primary election or the
general election, the board of elections shall not remove the name
of the withdrawn candidate from the ballots. The board of
elections shall post a notice at each polling place on the day of
the primary election, and shall enclose with each absent voter's
ballot given or mailed after the candidate withdraws, a notice
that votes for the withdrawn candidate will be void and will not
be counted. If the name is not removed from all ballots before the
day of the election, the votes for the withdrawn candidate are
void and shall not be counted.
Sec. 3513.31. (A) If a person nominated in a primary
election as a candidate for election at the next general election,
whose candidacy is to be submitted to the electors of the entire
state, withdraws as that candidate or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination so created may be filled by the state
central committee of the major political party that made the
nomination at the primary election, if the committee's chairperson
and secretary certify the name of the person selected to fill the
vacancy by the time specified in this division, at a meeting
called for that purpose. The meeting shall be called by the
chairperson of that committee, who shall give each member of the
committee at least two days' notice of the time, place, and
purpose of the meeting. If a majority of the members of the
committee are present at the meeting, a majority of those present
may select a person to fill the vacancy. The chairperson and
secretary of the meeting shall certify in writing and under oath
to the secretary of state, not later than the eighty-sixth day
before the day of the general election, the name of the person
selected to fill the vacancy. The certification must be
accompanied by the written acceptance of the nomination by the
person whose name is certified. A vacancy that may be filled by an
intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made as in the manner provided for a
major political party.
(B) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district
comprised of more than one county but less than all of the
counties of the state, withdraws as that candidate or is
disqualified as that candidate under section 3513.052 of the
Revised Code, the vacancy in the party nomination so created may
be filled by a district committee of the major political party
that made the nomination at the primary election, if the
committee's chairperson and secretary certify the name of the
person selected to fill the vacancy by the time specified in this
division, at a meeting called for that purpose. The district
committee shall consist of the chairperson and secretary of the
county central committee of such political party in each county in
the district. The district committee shall be called by the
chairperson of the county central committee of such political
party of the most populous county in the district, who shall give
each member of the district committee at least two days' notice of
the time, place, and purpose of the meeting. If a majority of the
members of the district committee are present at the district
committee meeting, a majority of those present may select a person
to fill the vacancy. The chairperson and secretary of the meeting
shall certify in writing and under oath to the board of elections
of the most populous county in the district, not later than four
p.m. of the eighty-sixth day before the day of the general
election, the name of the person selected to fill the vacancy. The
certification must be accompanied by the written acceptance of the
nomination by the person whose name is certified. A vacancy that
may be filled by an intermediate or minor political party shall be
filled in accordance with the party's rules by authorized
officials of the party. Certification must be made as in the
manner provided for a major political party.
(C) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a county,
withdraws as that candidate or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy in the
party nomination so created may be filled by the county central
committee of the major political party that made the nomination at
the primary election, or by the county executive committee if so
authorized, if the committee's chairperson and secretary certify
the name of the person selected to fill the vacancy by the time
specified in this division, at a meeting called for that purpose.
The meeting shall be called by the chairperson of that committee,
who shall give each member of the committee at least two days'
notice of the time, place, and purpose of the meeting. If a
majority of the members of the committee are present at the
meeting, a majority of those present may select a person to fill
the vacancy. The chairperson and secretary of the meeting shall
certify in writing and under oath to the board of that county, not
later than four p.m. of the eighty-sixth day before the day of the
general election, the name of the person selected to fill the
vacancy. The certification must be accompanied by the written
acceptance of the nomination by the person whose name is
certified. A vacancy that may be filled by an intermediate or
minor political party shall be filled in accordance with the
party's rules by authorized officials of the party. Certification
must be made as in the manner provided for a major political
party.
(D) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district within
a county, withdraws as that candidate or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination so created may be filled by a district
committee consisting of those members of the county central
committee or, if so authorized, those members of the county
executive committee in that county of the major political party
that made the nomination at the primary election who represent the
precincts or the wards and townships within the district, if the
committee's chairperson and secretary certify the name of the
person selected to fill the vacancy by the time specified in this
division, at a meeting called for that purpose. The district
committee meeting shall be called by the chairperson of the county
central committee or executive committee, as appropriate, who
shall give each member of the district committee at least two
days' notice of the time, place, and purpose of the meeting. If a
majority of the members of the district committee are present at
the district committee meeting, a majority of those present may
select a person to fill the vacancy. The chairperson and secretary
of the district committee meeting shall certify in writing and
under oath to the board of the county, not later than four p.m. of
the eighty-sixth day before the day of the general election, the
name of the person selected to fill the vacancy. The certification
must be accompanied by the written acceptance of the nomination by
the person whose name is certified. A vacancy that may be filled
by an intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made as in the manner provided for a
major political party.
(E) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a subdivision
within a county, withdraws as that candidate or is disqualified as
that candidate under section 3513.052 of the Revised Code, the
vacancy in the party nomination so created may be filled by a
subdivision committee consisting of those members of the county
central committee or, if so authorized, those members of the
county executive committee in that county of the major political
party that made the nomination at that primary election who
represent the precincts or the wards and townships within that
subdivision, if the committee's chairperson and secretary certify
the name of the person selected to fill the vacancy by the time
specified in this division, at a meeting called for that purpose.
The subdivision committee meeting shall be called by the
chairperson of the county central committee or executive
committee, as appropriate, who shall give each member of the
subdivision committee at least two days' notice of the time,
place, and purpose of the meeting. If a majority of the members of
the subdivision committee are present at the subdivision committee
meeting, a majority of those present may select a person to fill
the vacancy. The chairperson and secretary of the subdivision
committee meeting shall certify in writing and under oath to the
board of the county, not later than four p.m. of the eighty-sixth
day before the day of the general election, the name of the person
selected to fill the vacancy. The certification must be
accompanied by the written acceptance of the nomination by the
person whose name is certified. A vacancy that may be filled by an
intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made in the manner provided for a
major political party.
(F) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
withdraws as that candidate or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy so created
may be filled by a majority of the committee of five, as
designated on the candidate's nominating petition, if a member of
that committee certifies in writing and under oath to the election
officials with whom the candidate filed the candidate's nominating
petition, not later than the eighty-sixth day before the day of
the general election, the name of the person selected to fill the
vacancy. The certification shall be accompanied by the written
acceptance of the nomination by the person whose name is certified
and shall be made in the manner provided for a major political
party.
(G) If a person nominated in a primary election as a party
candidate for election at the next general election dies, the
vacancy so created may be filled by the same committee in the same
manner as provided in this section for the filling of similar
vacancies created by withdrawals or disqualifications under
section 3513.052 of the Revised Code, except that the
certification, when filling a vacancy created by death, may not be
filed with the secretary of state, or with a board of the most
populous county of a district, or with the board of a county in
which the major portion of the population of a subdivision is
located, later than four p.m. of the tenth day before the day of
such general election, or with any other board later than four
p.m. of the fifth day before the day of such general election.
(H) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
dies prior to the tenth day before the day of that general
election, the vacancy so created may be filled by a majority of
the committee of five designated in the nominating petition to
represent the candidate named in it. To fill the vacancy a member
of the committee shall, not later than four p.m. of the fifth day
before the day of the general election, file with the election
officials with whom the petition nominating the person was filed,
a certificate signed and sworn to under oath by a majority of the
members, designating the person they select to fill the vacancy.
The certification must be accompanied by the written acceptance of
the nomination by the person whose name is so certified.
(I) If a person holding an elective office dies or resigns
subsequent to the one hundred fifteenth day before the day of a
primary election and prior to the eighty-sixth day before the day
of the next general election, and if, under the laws of this
state, a person may be elected at that general election to fill
the unexpired term of the person who has died or resigned, the
appropriate committee of each political party, acting as in the
case of a vacancy in a party nomination, as provided in divisions
(A) to (D) of this section, may select a person as the party
candidate for election for such unexpired term at that general
election, and certify the person's name to the appropriate
election official not later than four p.m. on the eighty-sixth day
before the day of that general election, or on the tenth day
following the day on which the vacancy occurs, whichever is later.
When the vacancy occurs on or subsequent to the eighty-sixth day
and six or more days prior to the fifty-sixth fortieth day before
the general election, the appropriate committee may select a
person as the party candidate and certify the person's name, as
provided in the preceding sentence, not later than four p.m. on
the fiftieth tenth day following the day on which the vacancy
occurs. When the vacancy occurs fewer than six days before the
fortieth day before the general election, the deadline for filing
shall be four p.m. on the thirty-sixth day before the general
election. Thereupon the name shall be printed as the party
candidate under proper titles and in the proper place on the
proper ballots for use at the election. If a person has been
nominated in a primary election, the authorized committee of that
political party shall not select and certify a person as the party
candidate.
(J) Each person desiring to become an independent candidate
to fill the unexpired term shall file a statement of candidacy and
nominating petition, as provided in section 3513.261 of the
Revised Code, with the appropriate election official not later
than four p.m. on the tenth day following the day on which the
vacancy occurs, provided that when the vacancy occurs fewer than
six days before the fifty-sixth day before the general election,
the deadline for filing shall be four p.m. on the fiftieth day
before the general election. The nominating petition shall contain
at least seven hundred fifty signatures and no more than one
thousand five hundred signatures of qualified electors of the
district, political subdivision, or portion of a political
subdivision in which the office is to be voted upon, or the amount
provided for in section 3513.257 of the Revised Code, whichever is
less.
(K) When a person nominated as a candidate by a political
party in a primary election or by nominating petition for an
elective office for which candidates are nominated at a party
primary election withdraws, dies, or is disqualified under section
3513.052 of the Revised Code prior to the general election, the
appropriate committee of any other major political party or
committee of five that has not nominated a candidate for that
office, or whose nominee as a candidate for that office has
withdrawn, died, or been disqualified without the vacancy so
created having been filled, may, acting as in the case of a
vacancy in a party nomination or nomination by petition as
provided in divisions (A) to (F) of this section, whichever is
appropriate, select a person as a candidate of that party or of
that committee of five for election to the office.
Sec. 3519.05. (A) If the measure to be submitted proposes a
constitutional amendment, the heading of each part of the petition
shall be prepared in the following form, and printed in capital
letters in type of the approximate size set forth:
"INITIATIVE PETITION
Amendment to the Constitution
Proposed by Initiative Petition
To be submitted directly to the electors"
"Amendment" printed in fourteen-point boldface type shall
precede the title, which shall be briefly expressed and printed in
eight-point type. The summary shall then be set forth printed in
ten-point type, and then shall follow the certification of the
attorney general, under proper date, which shall also be printed
in ten-point type. The petition shall then set forth the names and
addresses of the committee of not less than three nor more than
five to represent the petitioners in all matters relating to the
petition or its circulation.
Immediately above the heading of the place for signatures on
each part of the petition the following notice shall be printed in
boldface type:
"NOTICE
Whoever knowingly signs this petition more than once; except
as provided in section 3501.382 of the Revised Code, signs a name
other than one's own on this petition; or signs this petition when
not a qualified voter, is liable to prosecution."
The heading of the place for signatures shall be
substantially as follows:
"(Sign with ink. Your name, residence, and date of signing must be
given.)
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(Voters who do not live in a municipal corporation should fill in
the information called for by headings printed above.)
(Voters who reside in municipal corporations should fill in the
information called for by headings printed below.)
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The text of the proposed amendment shall be printed in full,
immediately following the place for signatures, and shall be
prefaced by "Be it resolved by the people of the State of Ohio."
Immediately following the text of the proposed amendment must
appear the following form:
"I, ........., declare under penalty of election
falsification that I am the circulator of the foregoing petition
paper containing the signatures of ......... electors, that the
signatures appended hereto were made and appended in my presence
on the date set opposite each respective name, and are the
signatures of the persons whose names they purport to be or of
attorneys in fact acting pursuant to section 3501.382 of the
Revised Code, and that the electors signing this petition did so
with knowledge of the contents of same. I am employed to circulate
this petition by ................................ (Name and
address of employer). (The preceding sentence shall be completed
as required by section 3501.38 of the Revised Code if the
circulator is being employed to circulate the petition.)
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(Address of circulator's permanent residence in this state)
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WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY
OF THE FIFTH DEGREE."
(B) If the measure proposes a law, the heading of each part
of the petition shall be prepared as follows:
"INITIATIVE PETITION
Law proposed by initiative petition first to be submitted to
the General Assembly."
In all other respects, the form shall be as provided for the
submission of a constitutional amendment, except that the text of
the proposed law shall be prefaced by "Be it enacted by the people
of the state of Ohio."
The form for a supplementary initiative petition shall be the
same as that provided for an initiative petition, with the
exception that "supplementary" shall precede "initiative" in the
title thereof.
(C) The general provisions set forth in this section relative
to the form and order of an initiative petition shall be, so far
as practical, applicable to a referendum petition, the heading of
which shall be as follows:
"REFERENDUM PETITION
To be submitted to the electors for their approval or
rejection"
The title, which follows the heading, shall contain a brief
legislative history of the law, section, or item of law to be
referred. The text of the law so referred shall be followed by the
certification of the secretary of state, in accordance with
division (B)(2)(b) of section 3519.01 of the Revised Code, that it
has been compared with the copy of the enrolled act, on file in
the secretary of state's office, containing such law, section, or
item of law, and found to be correct.
(D) The secretary of state shall prescribe a form for part
petitions to be submitted during the ten-day period beginning on
the first day following the date that the secretary of state
notifies the chairperson of the committee interested in the
petition that the petition has an insufficient number of valid
signatures. The secretary of state shall provide to each
particular committee a different form that contains a unique
identifier and that is separate from the forms prescribed in
divisions (A), (B), and (C) of this section. The secretary of
state shall make the form available to the committee only as
described in division (F) of section 3519.16 of the Revised Code.
The form shall not be considered a public record until after the
secretary of state makes it available to the committee under that
division.
The form shall comply with the requirements of Section 1g of
Article II, Ohio Constitution and, except as otherwise provided in
this division, with the requirements of divisions (A), (B), and
(C) of this section.
Sec. 3519.16. (A) Pursuant to Section 1g of Article II, Ohio
Constitution, the supreme court of Ohio shall have exclusive
original jurisdiction in all challenges to initiative and
referendum petitions.
(B) The circulator of any part-petition, the committee
interested in the a petition, or any elector may file with the
board of elections a protest against the board's findings made
pursuant to section 3519.15 of the Revised Code. Protests shall be
in writing and shall specify reasons for the protest. Protests for
all initiative and referendum petitions other than those to be
voted on by electors throughout the entire state shall be filed
not later than four p.m. of the seventy-fourth day before the day
of the election. Once a protest is filed, the board shall proceed
to establish the sufficiency or insufficiency of the signatures
and of the verification of those signatures in an action before
the court of common pleas in the county. The action shall be
brought within three days after the protest is filed, and it shall
be heard forthwith by a judge of that court, whose decision shall
be certified to the board. The signatures that are adjudged
sufficient or the part-petitions that are adjudged properly
verified shall be included with the others by the board, and those
found insufficient and all those part-petitions that are adjudged
not properly verified shall not be included shall include upon
each part-petition filed with the secretary of state a designation
of the county in which the part-petition was circulated and a
number for the part-petition. In any county where part-petitions
are circulated, each part-petition shall be numbered sequentially.
The committee shall sort the part-petitions by county. Upon filing
the petition with the secretary of state, the committee also shall
file the following:
(1) An electronic copy of the petition along with a
verification that the electronic copy is a true representation of
the original filed paper petition;
(2) A summary of the number of part-petitions filed per
county, and the number of signatures on each part-petition;
(3) An index of the electronic copy of the petition.
(C) From the time the petition is initially filed with the
secretary of state and until the part-petitions are returned to
the secretary of state by the boards of elections after a
determination of sufficiency under section 3519.15 of the Revised
Code, any request for the inspection or copying of the original
petition filed with the secretary of state under Chapter 149. of
the Revised Code is fulfilled if the secretary of state permits
the inspection of or provides copies of the electronic copy of the
petition filed by the circulator.
(D) Discrepancies between the electronic copy of a petition
filed under division (B)(1) of this section and the original paper
petition filed with the secretary of state shall not render the
petition invalid. Such discrepancies, if the product of fraud,
shall be subject to criminal penalties under section 3599.36 of
the Revised Code.
(E) The properly verified part-petitions, together with the
report an electronic copy of the board part-petitions, shall be
returned to the secretary of state not less than sixty one hundred
ten days before the election, provided that, in the case of an
initiated law to be presented to the general assembly, the boards
shall promptly check and return the petitions together with their
report. The secretary of state shall determine the sufficiency of
the signatures not later than one hundred five days before the
election. The secretary of state promptly shall notify the
chairperson of the committee in charge of the circulation as to
the sufficiency or insufficiency of the petition and the extent of
the insufficiency.
(F) If the petition is found insufficient because of an
insufficient number of valid signatures, the committee shall be
allowed ten additional days after the notification by the
secretary of state for the collection and filing of additional
signatures to the petition. When the secretary of state makes that
notification, the secretary of state simultaneously shall provide
the chairperson with both a paper copy and an electronic copy of
the unique petition form described in division (D) of section
3519.05 of the Revised Code. At that time, the secretary of state
also shall make the form available to the public on the secretary
of state's official web site and shall transmit the form
electronically to the boards of elections. Upon request, a board
of elections shall provide a paper or electronic copy of the form
to any person.
No additional signatures shall be collected or submitted to
the secretary of state by the committee interested in the
petition, or by any person acting on behalf of the committee,
during the period beginning on the date that the petition is
initially submitted to the secretary of state and ending on the
date that the secretary of state notifies the chairperson of the
committee that the petition has an insufficient number of valid
signatures. If the committee, or any person acting on behalf of
the committee, submits additional signatures, the signatures must
be on the form provided by the secretary of state under this
division and only signatures that were signed and collected during
the ten-day period to collect and submit additional signatures may
be submitted.
If additional signatures are filed, the secretary of state
shall determine the sufficiency of those additional signatures not
later than sixty-five days before the election. The part-petitions
of the supplementary petition that appear to the secretary of
state to be properly verified, upon their receipt by the secretary
of state, shall forthwith be forwarded to the boards of the
several counties together with the part-petitions of the original
petition that have been properly verified. They shall be
immediately examined and passed upon as to the validity and
sufficiency of the signatures on them by each of the boards and
returned within five
eight days to the secretary of state with
the report of each board. No signature on a supplementary
part-petition that is the same as a signature on an original
part-petition shall be counted. The number of signatures in both
the original and supplementary petitions, properly verified, shall
be used by the secretary of state in determining the total number
of signatures to the petition that the secretary of state shall
record and announce. If they are sufficient, the amendment,
proposed law, or law shall be placed on the ballot as required by
law. If the petition is found insufficient, the secretary of state
shall notify the committee in charge of the circulation of the
petition.
SECTION 2. That existing sections 3.02, 302.09, 305.02,
503.24, 733.31, 1901.10, 2301.02, 3501.301, 3501.38, 3503.06,
3503.14, 3503.16, 3503.19, 3503.28, 3505.13, 3505.18, 3505.181,
3505.182, 3505.183, 3509.03, 3509.04, 3509.05, 3511.02, 3511.05,
3511.09, 3513.04, 3513.262, 3513.263, 3513.30, 3513.31, 3519.05,
and 3519.16 of the Revised Code are hereby repealed.
SECTION 3. If any provision of a section of the Revised Code
as amended or enacted by this act or the application thereof to
any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of the section or
related sections which can be given effect without the invalid
provision or application, and to this end the provisions are
severable.
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