Sub. H.B. 350

127th General Assembly

(S. State & Local Gov't & Veterans Affairs)

Removes all portions of the bill pertaining to college students working as pollworkers in counties other than the county where the student is registered to vote (R.C. 3501.22(B)).

Generally, requires any voting machine, marking device, or automatic tabulating equipment initially certified or acquired on or after December 1, 2008, to meet, at a minimum, the most current voting system standards adopted by the election assistance commission, and requires that any voting machine, marking device, or automatic tabulating equipment already certified for use in this state on the effective date of the bill must meet, as a condition of continued certification and use, the voting system standards adopted by the Federal Election Commission in 2002 (R.C. 3506.05(H)(4)(a) and (b)).

Specifies that counties that acquire additional voting machines, marking devices, or automatic tabulating equipment on or after December 1, 2008, are not considered to have acquired those machines, devices, or equipment on or after December 1, 2008, if the newly acquired equipment is the same as the equipment currently used in that county, the equipment does not replace or change the primary voting system used in that county, and the new equipment is for the purpose of replacing inoperable equipment or for the purpose providing additional equipment required to meet allocation requirements (R.C. 3506.05(H)(4)(c)).

Permits the Secretary of State to issue permanent and temporary directives, and requires the Secretary of State to establish a process to allow public review and public comment of proposed directives, with reasonable notice of the issuance of the directive and reasonable time for public review and public comment (R.C. 3501.05(B) and 3501.053(A)).

Prohibits the Secretary of State from issuing a permanent directive during the period beginning 90 days prior to the day of an election and ending on the 40th day following the day of that election (R.C. 3501.053(A)(1)).

Permits the Secretary of State to issue a temporary directive only during the period beginning 90 days prior to the day of an election and ending on the 40th day following the day of that election, and specifies that temporary directives will not be subject to public review or public comment (R.C. 3501.053(A)(2)).

Requires the Secretary of State to seek public review and public comment before a temporary directive may become a permanent directive (R.C. 3501.053(A)(1) and (2)).

Changes the composition of the Board of Voting Machine Examiners from three members to four members: two appointed by the Secretary of State; one appointed by the Speaker of the House of Representatives or the Minority Leader of the House of Representatives, whichever is a member of the opposite political party from the one to which the Secretary of State belongs; and one appointed by the President of the Senate or the Minority Leader of the Senate, whichever is a member of the opposite political party from the one to which the Secretary of State belongs (R.C. 3506.05(B)).

Requires any vacancy on the Board of Voting Machine Examiners to be filled in the same manner as the original appointment, and requires the Secretary of State to provide staffing assistance to the Board, at the Board's request (R.C. 3506.05(B)).

Requires absent voter's ballots and armed service absent voter's ballots contained in envelopes that are postmarked prior to election day to be counted if they are received within ten days after election day (R.C. 3509.05(C)(1) and 3511.11(D) and (E)).

Prohibits absent voter's ballots and armed service absent voter's ballots that are received after the close of polls on election day and are postmarked using a postage evidencing system, including a postage meter, from being counted (R.C. 3509.05(C)(2) and 3511.11(D)(2) and (E)(3)).

Removes individual size requirements for envelopes used to mail armed service absent voter's ballots and instead requires that the return envelope be of such size that the identification envelope can be conveniently placed within it for returning the identification envelope to the director of the county board of elections (R.C. 3511.06).

Removes the requirement that all printing on armed service absent voter's ballot envelopes be in red ink (R.C. 3511.06).

Requires an employee or appointee of the board of elections who has taken an oath and who is a member of a different political party than the presiding judge to accompany the presiding judge to deliver the containers of ballots and the sealed pollbook, poll list, and tally sheet, together with all other election reports, materials, and supplies required to be delivered to the Board of Elections (R.C. 3505.31).

H0350-127.doc/cm 05/28/2008