Bill Text: OH HB13 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To require a provisional ballot to be remade and counted for the offices, questions, and issues for which the provisional voter was eligible to vote, if the election official assisting that provisional voter failed to direct the provisional voter to the correct precinct, and to revise the portion of the provisional ballot affirmation required to be completed by the election official.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2013-01-30 - To Policy and Legislative Oversight [HB13 Detail]

Download: Ohio-2013-HB13-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 13

Representative Reece 

Cosponsors: Representatives Letson, Driehaus, Strahorn, Hagan, R., Lundy, Pillich, Boyd, Williams, Antonio, Cera, Celebrezze, Clyde 

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A BILL

To amend sections 3503.19, 3505.181, 3505.182, and

1

3505.183 of the Revised Code to require a

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provisional ballot to be remade and counted for

3

the offices, questions, and issues for which the

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provisional voter was eligible to vote, if the

5

election official assisting that provisional voter

6

failed to direct the provisional voter to the

7

correct precinct, and to revise the portion of the

8

provisional ballot affirmation required to be

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completed by the election official.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 3503.19, 3505.181, 3505.182, and	11
3505.183 of the Revised Code be amended to read as follows:	12

Sec. 3503.19.  (A) Persons qualified to register or to change	13
their registration because of a change of address or change of	14
name may register or change their registration in person at any	15
state or local office of a designated agency, at the office of the	16
registrar or any deputy registrar of motor vehicles, at a public	17
high school or vocational school, at a public library, at the	18
office of a county treasurer, or at a branch office established by	19
the board of elections, or in person, through another person, or	20
by mail at the office of the secretary of state or at the office	21
of a board of elections. A registered elector may also change the	22
elector's registration on election day at any polling place where	23
the elector is eligible to vote, in the manner provided under	24
section 3503.16 of the Revised Code.	25

Any state or local office of a designated agency, the office	26
of the registrar or any deputy registrar of motor vehicles, a	27
public high school or vocational school, a public library, or the	28
office of a county treasurer shall transmit any voter registration	29
application or change of registration form that it receives to the	30
board of elections of the county in which the state or local	31
office is located, within five days after receiving the voter	32
registration application or change of registration form.	33

An otherwise valid voter registration application that is	34
returned to the appropriate office other than by mail must be	35
received by a state or local office of a designated agency, the	36
office of the registrar or any deputy registrar of motor vehicles,	37
a public high school or vocational school, a public library, the	38
office of a county treasurer, the office of the secretary of	39
state, or the office of a board of elections no later than the	40
thirtieth day preceding a primary, special, or general election	41
for the person to qualify as an elector eligible to vote at that	42
election. An otherwise valid registration application received	43
after that day entitles the elector to vote at all subsequent	44
elections.	45

Any state or local office of a designated agency, the office	46
of the registrar or any deputy registrar of motor vehicles, a	47
public high school or vocational school, a public library, or the	48
office of a county treasurer shall date stamp a registration	49
application or change of name or change of address form it	50
receives using a date stamp that does not disclose the identity of	51
the state or local office that receives the registration.	52

Voter registration applications, if otherwise valid, that are	53
returned by mail to the office of the secretary of state or to the	54
office of a board of elections must be postmarked no later than	55
the thirtieth day preceding a primary, special, or general	56
election in order for the person to qualify as an elector eligible	57
to vote at that election. If an otherwise valid voter registration	58
application that is returned by mail does not bear a postmark or a	59
legible postmark, the registration shall be valid for that	60
election if received by the office of the secretary of state or	61
the office of a board of elections no later than twenty-five days	62
preceding any special, primary, or general election.	63

(B)(1) Any person may apply in person, by telephone, by mail,	64
or through another person for voter registration forms to the	65
office of the secretary of state or the office of a board of	66
elections. An individual who is eligible to vote as a uniformed	67
services voter or an overseas voter in accordance with 42 U.S.C.	68
1973ff-6 also may apply for voter registration forms by electronic	69
means to the office of the secretary of state or to the board of	70
elections of the county in which the person's voting residence is	71
located pursuant to section 3503.191 of the Revised Code.	72

(2)(a) An applicant may return the applicant's completed	73
registration form in person or by mail to any state or local	74
office of a designated agency, to a public high school or	75
vocational school, to a public library, to the office of a county	76
treasurer, to the office of the secretary of state, or to the	77
office of a board of elections. An applicant who is eligible to	78
vote as a uniformed services voter or an overseas voter in	79
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's	80
completed voter registration form electronically to the office of	81
the secretary of state or to the board of elections of the county	82
in which the person's voting residence is located pursuant to	83
section 3503.191 of the Revised Code.	84

(b) Subject to division (B)(2)(c) of this section, an	85
applicant may return the applicant's completed registration form	86
through another person to any board of elections or the office of	87
the secretary of state.	88

(c) A person who receives compensation for registering a	89
voter shall return any registration form entrusted to that person	90
by an applicant to any board of elections or to the office of the	91
secretary of state.	92

(d) If a board of elections or the office of the secretary of	93
state receives a registration form under division (B)(2)(b) or (c)	94
of this section before the thirtieth day before an election, the	95
board or the office of the secretary of state, as applicable,	96
shall forward the registration to the board of elections of the	97
county in which the applicant is seeking to register to vote	98
within ten days after receiving the application. If a board of	99
elections or the office of the secretary of state receives a	100
registration form under division (B)(2)(b) or (c) of this section	101
on or after the thirtieth day before an election, the board or the	102
office of the secretary of state, as applicable, shall forward the	103
registration to the board of elections of the county in which the	104
applicant is seeking to register to vote within thirty days after	105
that election.	106

(C)(1) A board of elections that receives a voter	107
registration application and is satisfied as to the truth of the	108
statements made in the registration form shall register the	109
applicant not later than twenty business days after receiving the	110
application, unless that application is received during the thirty	111
days immediately preceding the day of an election. The board shall	112
promptly notify the applicant in writing of each of the following:	113

(a) The applicant's registration;

114

(b) The precinct in which the applicant is to vote;

115

(c) In bold type as follows:

116

"Voters must bring identification to the polls in order to	117
verify identity. Identification may include a current and valid	118
photo identification, a military identification, or a copy of a	119
current utility bill, bank statement, government check, paycheck,	120
or other government document, other than this notification or a	121
notification of an election mailed by a board of elections, that	122
shows the voter's name and current address. Voters who do not	123
provide one of these documents will still be able to vote by	124
casting a provisional ballot. Voters who do not have any of the	125
above forms of identification, including a social security number,	126
will still be able to vote by signing an affirmation swearing to	127
the voter's identity under penalty of election falsification and	128
by casting a provisional ballot."	129

The notification shall be by nonforwardable mail. If the mail	130
is returned to the board, it shall investigate and cause the	131
notification to be delivered to the correct address.	132

(2) If, after investigating as required under division (C)(1)	133
of this section, the board is unable to verify the voter's correct	134
address, it shall cause the voter's name in the official	135
registration list and in the poll list or signature pollbook to be	136
marked to indicate that the voter's notification was returned to	137
the board.	138

At the first election at which a voter whose name has been so	139
marked appears to vote, the voter shall be required to provide	140
identification to the election officials and to vote by	141
provisional ballot under section 3505.181 of the Revised Code. If	142
the provisional ballot is counted pursuant to division (B)(3) of	143
under section 3505.183 of the Revised Code, the board shall	144
correct that voter's registration, if needed, and shall remove the	145
indication that the voter's notification was returned from that	146
voter's name on the official registration list and on the poll	147
list or signature pollbook. If the provisional ballot is not	148
counted pursuant to division (B)(4)(a)(i), (v), or (vi) of	149
section 3505.183 of the Revised Code, the voter's registration	150
shall be canceled. The board shall notify the voter by United	151
States mail of the cancellation.	152

(3) If a notice of the disposition of an otherwise valid	153
registration application is sent by nonforwardable mail and is	154
returned undelivered, the person shall be registered as provided	155
in division (C)(2) of this section and sent a confirmation notice	156
by forwardable mail. If the person fails to respond to the	157
confirmation notice, update the person's registration, or vote by	158
provisional ballot as provided in division (C)(2) of this section	159
in any election during the period of two federal elections	160
subsequent to the mailing of the confirmation notice, the person's	161
registration shall be canceled.	162

Sec. 3505.181.  (A) All of the following individuals shall be	163
permitted to cast a provisional ballot at an election:	164

(1) An individual who declares that the individual is a	165
registered voter in the jurisdiction in which the individual	166
desires to vote and that the individual is eligible to vote in an	167
election, but the name of the individual does not appear on the	168
official list of eligible voters for the polling place or an	169
election official asserts that the individual is not eligible to	170
vote;	171

(2) An individual who has a social security number and	172
provides to the election officials the last four digits of the	173
individual's social security number as permitted by division	174
(A)(2) of section 3505.18 of the Revised Code;	175

(3) An individual who has but is unable to provide to the	176
election officials any of the forms of identification required	177
under division (A)(1) of section 3505.18 of the Revised Code and	178
who has a social security number but is unable to provide the last	179
four digits of the individual's social security number as	180
permitted under division (A)(2) of that section;	181

(4) An individual who does not have any of the forms of	182
identification required under division (A)(1) of section 3505.18	183
of the Revised Code, who cannot provide the last four digits of	184
the individual's social security number under division (A)(2) of	185
that section because the individual does not have a social	186
security number, and who has executed an affirmation as permitted	187
under division (A)(4) of that section;	188

(5) An individual whose name in the poll list or signature	189
pollbook has been marked under section 3509.09 or 3511.13 of the	190
Revised Code as having requested an absent voter's ballot or an	191
armed service absent voter's ballot for that election and who	192
appears to vote at the polling place;	193

(6) An individual whose notification of registration has been	194
returned undelivered to the board of elections and whose name in	195
the official registration list and in the poll list or signature	196
pollbook has been marked under division (C)(2) of section 3503.19	197
of the Revised Code;	198

(7) An individual who is challenged under section 3505.20 of	199
the Revised Code and the election officials determine that the	200
person is ineligible to vote or are unable to determine the	201
person's eligibility to vote;	202

(8) An individual whose application or challenge hearing has	203
been postponed until after the day of the election under division	204
(D)(1) of section 3503.24 of the Revised Code;	205

(9) An individual who changes the individual's name and	206
remains within the precinct, moves from one precinct to another	207
within a county, moves from one precinct to another and changes	208
the individual's name, or moves from one county to another within	209
the state, and completes and signs the required forms and	210
statements under division (B) or (C) of section 3503.16 of the	211
Revised Code;	212

(10) An individual whose signature, in the opinion of the	213
precinct officers under section 3505.22 of the Revised Code, is	214
not that of the person who signed that name in the registration	215
forms;	216

(11) An individual who is challenged under section 3513.20 of	217
the Revised Code who refuses to make the statement required under	218
that section or who a majority of the precinct officials find	219
lacks any of the qualifications to make the individual a qualified	220
elector;	221

(12) An individual who does not have any of the forms of	222
identification required under division (A)(1) of section 3505.18	223
of the Revised Code, who cannot provide the last four digits of	224
the individual's social security number under division (A)(2) of	225
that section because the person does not have a social security	226
number, and who declines to execute an affirmation as permitted	227
under division (A)(4) of that section;	228

(13) An individual who has but declines to provide to the	229
precinct election officials any of the forms of identification	230
required under division (A)(1) of section 3501.18 of the Revised	231
Code or who has a social security number but declines to provide	232
to the precinct election officials the last four digits of the	233
individual's social security number.	234

(B) An individual who is eligible to cast a provisional	235
ballot under division (A) of this section shall be permitted to	236
cast a provisional ballot as follows:	237

(1) An election official at the polling place shall notify	238
the individual that the individual may cast a provisional ballot	239
in that election.	240

(2) The individual shall be permitted to cast a provisional	241
ballot at that polling place upon the execution of a written	242
affirmation by the individual before an election official at the	243
polling place stating that the individual is both of the	244
following:	245

(a) A registered voter in the jurisdiction in which the	246
individual desires to vote;	247

(b) Eligible to vote in that election.

248

(3) The election official shall accurately complete the poll	249
worker checklist portion of the affirmation in the individual's	250
presence, including identifying the individual's correct precinct	251
if the individual is not voting in the correct precinct.	252

(4) An election official at the polling place shall transmit	253
the ballot cast by the individual, the voter information contained	254
in the written affirmation executed by the individual under	255
division (B)(2) of this section, or the individual's name if the	256
individual declines to execute such an affirmation to an	257
appropriate local election official for verification under	258
division (B)(4)(5) of this section.	259

(4)(5) If the appropriate local election official to whom the	260
ballot or voter or address information is transmitted under	261
division (B)(3) of this section determines that the individual is	262
eligible to vote, the individual's provisional ballot shall be	263
counted as a vote in that election.	264

(5)(6)(a) At the time that an individual casts a provisional	265
ballot, the appropriate local election official shall give the	266
individual written information that states that any individual who	267
casts a provisional ballot will be able to ascertain under the	268
system established under division (B)(5)(6)(b) of this section	269
whether the vote was counted, and, if the vote was not counted,	270
the reason that the vote was not counted.	271

(b) The appropriate state or local election official shall	272
establish a free access system, in the form of a toll-free	273
telephone number, that any individual who casts a provisional	274
ballot may access to discover whether the vote of that individual	275
was counted, and, if the vote was not counted, the reason that the	276
vote was not counted. The free access system established under	277
this division also shall provide to an individual whose	278
provisional ballot was not counted information explaining how that	279
individual may contact the board of elections to register to vote	280
or to resolve problems with the individual's voter registration.	281

The appropriate state or local election official shall	282
establish and maintain reasonable procedures necessary to protect	283
the security, confidentiality, and integrity of personal	284
information collected, stored, or otherwise used by the free	285
access system established under this division. Access to	286
information about an individual ballot shall be restricted to the	287
individual who cast the ballot.	288

(6)(7) If, at the time that an individual casts a provisional	289
ballot, the individual provides identification in the form of a	290
current and valid photo identification, a military identification,	291
or a copy of a current utility bill, bank statement, government	292
check, paycheck, or other government document, other than a notice	293
of an election mailed by a board of elections under section	294
3501.19 of the Revised Code or a notice of voter registration	295
mailed by a board of elections under section 3503.19 of the	296
Revised Code, that shows the individual's name and current	297
address, or provides the last four digits of the individual's	298
social security number, or executes an affirmation that the	299
elector does not have any of those forms of identification or the	300
last four digits of the individual's social security number	301
because the individual does not have a social security number, or	302
declines to execute such an affirmation, the appropriate local	303
election official shall record the type ofwhether identification	304
was provided, the social security number information, the fact	305
that the affirmation was executed, or the fact that the individual	306
declined to execute such an affirmation and include that	307
information with the transmission of the ballot or voter or	308
address information under division (B)(3)(4) of this section. If	309
the individual does not provide identification and declines to	310
execute such an affirmation, the appropriate local election	311
official shall record the individual's name and include that	312
information with the transmission of the ballot under division	313
(B)(3)(4) of this section.	314

(7)(8) If an individual casts a provisional ballot pursuant	315
to division (A)(3), (7), (8), (12), or (13) of this section, the	316
election official shall indicate, on the provisional ballot	317
verification statement required under section 3505.182 of the	318
Revised Code, that the individual is required to provide	319
additional information to the board of elections or that an	320
application or challenge hearing has been postponed with respect	321
to the individual, such that additional information is required	322
for the board of elections to determine the eligibility of the	323
individual who cast the provisional ballot.	324

(8)(9) During the ten days after the day of an election, an	325
individual who casts a provisional ballot pursuant to division	326
(A)(3), (7), (12), or (13) of this section shall appear at the	327
office of the board of elections and provide to the board any	328
additional information necessary to determine the eligibility of	329
the individual who cast the provisional ballot.	330

(a) For a provisional ballot cast pursuant to division	331
(A)(3), (12), or (13) of this section to be eligible to be	332
counted, the individual who cast that ballot, within ten days	333
after the day of the election, shall do any of the following:	334

(i) Provide to the board of elections proof of the	335
individual's identity in the form of a current and valid photo	336
identification, a military identification, or a copy of a current	337
utility bill, bank statement, government check, paycheck, or other	338
government document, other than a notice of an election mailed by	339
a board of elections under section 3501.19 of the Revised Code or	340
a notice of voter registration mailed by a board of elections	341
under section 3503.19 of the Revised Code, that shows the	342
individual's name and current address;	343

(ii) Provide to the board of elections the last four digits	344
of the individual's social security number;	345

(iii) In the case of a provisional ballot executed pursuant	346
to division (A)(12) of this section, execute an affirmation as	347
permitted under division (A)(4) of section 3505.18 of the Revised	348
Code.	349

(b) For a provisional ballot cast pursuant to division (A)(7)	350
of this section to be eligible to be counted, the individual who	351
cast that ballot, within ten days after the day of that election,	352
shall provide to the board of elections any identification or	353
other documentation required to be provided by the applicable	354
challenge questions asked of that individual under section 3505.20	355
of the Revised Code.	356

(C)(1) If an individual declares that the individual is	357
eligible to vote in a jurisdiction other than the jurisdiction in	358
which the individual desires to vote, or if, upon review of the	359
precinct voting location guide using the residential street	360
address provided by the individual, an election official at the	361
polling place at which the individual desires to vote determines	362
that the individual is not eligible to vote in that jurisdiction,	363
the election official shall direct the individual to the polling	364
place for the jurisdiction in which the individual appears to be	365
eligible to vote, explain that the individual may cast a	366
provisional ballot at the current location but the ballot willmay	367
not be counted if it is cast in the wrong precinct, and provide	368
the telephone number of the board of elections in case the	369
individual has additional questions. The election official also	370
shall note, on the poll worker checklist portion of the	371
affirmation, that the election official directed the individual to	372
the correct precinct and the location of the individual's correct	373
precinct.	374

(2) If the individual refuses to travel to the polling place	375
for the correct jurisdiction or to the office of the board of	376
elections to cast a ballot, the individual shall be permitted to	377
vote a provisional ballot at that jurisdiction in accordance with	378
division (B) of this section. If any of the following apply, the	379
provisional ballot cast by that individual shall not be opened or	380
counted:	381

(a) The individual is not properly registered in that	382
jurisdiction.	383

(b) The individual is not eligible to vote in that election	384
in that jurisdiction.	385

(c) The individual's eligibility to vote in that jurisdiction	386
in that election cannot be established upon examination of the	387
records on file with the board of elections.	388

(D) The appropriate local election official shall cause	389
voting information to be publicly posted at each polling place on	390
the day of each election.	391

(E) As used in this section and sections 3505.182 and	392
3505.183 of the Revised Code:	393

(1) "Jurisdiction" means the precinct in which a person is a	394
legally qualified elector.	395

(2) "Precinct voting location guide" means either of the	396
following:	397

(a) An electronic or paper record that lists the correct	398
jurisdiction and polling place for either each specific	399
residential street address in the county or the range of	400
residential street addresses located in each neighborhood block in	401
the county;	402

(b) Any other method that a board of elections creates that	403
allows a precinct election official or any elector who is at a	404
polling place in that county to determine the correct jurisdiction	405
and polling place of any qualified elector who resides in the	406
county.	407

(3) "Voting information" means all of the following:

408

(a) A sample version of the ballot that will be used for that	409
election;	410

(b) Information regarding the date of the election and the	411
hours during which polling places will be open;	412

(c) Instructions on how to vote, including how to cast a vote	413
and how to cast a provisional ballot;	414

(d) Instructions for mail-in registrants and first-time	415
voters under applicable federal and state laws;	416

(e) General information on voting rights under applicable	417
federal and state laws, including information on the right of an	418
individual to cast a provisional ballot and instructions on how to	419
contact the appropriate officials if these rights are alleged to	420
have been violated;	421

(f) General information on federal and state laws regarding	422
prohibitions against acts of fraud and misrepresentation.	423

Sec. 3505.182.  Each individual who casts a provisional	424
ballot under section 3505.181 of the Revised Code shall execute a	425
written affirmation. The form of the written affirmation,	426
including the poll worker checklist, shall be printed upon the	427
face of the provisional ballot envelope and shall be substantially	428
as follows:	429

"Provisional Ballot Affirmation	430

STATE OF OHIO	431

I, .................... (Name of provisional voter), solemnly	432
swear or affirm that I am a registered voter in the jurisdiction	433
in which I am voting this provisional ballot and that I am	434
eligible to vote in the election in which I am voting this	435
provisional ballot.	436

I understand that, if the above-provided information is not	437
fully completed and correct, if the board of elections determines	438
that I am not registered to vote, a resident of this precinct, or	439
eligible to vote in this election, or if the board of elections	440
determines that I have already voted in this election, my	441
provisional ballot will not be counted. I further understand that	442
knowingly providing false information is a violation of law and	443
subjects me to possible criminal prosecution.	444

I hereby declare, under penalty of election falsification,	445
that the above statements are true and correct to the best of my	446
knowledge and belief.	447

			448
	(Signature of Voter)		449
			450
	(Voter's date of birth)		451

	The last four digits of the voter's social security number		452
			453
	(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)		454

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	455
OF THE FIFTH DEGREE.	456

Additional Information For Determining Ballot Validity	457

(May be completed at voter's discretion)	458

Voter's current address:				459
Voter's former address if photo identification does not contain voter's current address				460
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number				461
(Please circle number type)				462
(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.)				463
Reason for voting provisional ballot (Check one):				464
..... Requested, but did not receive, absent voter's ballot				465
..... Other				466

Verification Statement	467

(To be completed by election official)	468

The Provisional Ballot Affirmation printed above was	469
subscribed and affirmed before me this .......... day of	470
.......... (Month), .......... (Year).	471

(If applicable, the election official must check the	472
following true statement concerning additional information needed	473
to determine the eligibility of the provisional voter.)	474

...... The provisional voter is required to provide	475
additional information to the board of elections.	476

...... An application or challenge hearing regarding this	477
voter has been postponed until after the election.	478

(The election official must check the following true	479
statement concerning identification provided by the provisional	480
voter, if any.)	481

...... The provisional voter provided a current and valid	482
photo identification.	483

...... The provisional voter provided a current valid photo	484
identification, other than a driver's license or a state	485
identification card, with the voter's former address instead of	486
current address and has provided the election official both the	487
current and former addresses.	488

...... The provisional voter provided a military	489
identification or a copy of a current utility bill, bank	490
statement, government check, paycheck, or other government	491
document, other than a notice of an election mailed by a board of	492
elections under section 3501.19 of the Revised Code or a notice of	493
voter registration mailed by a board of elections under section	494
3503.19 of the Revised Code, with the voter's name and current	495
address.	496

...... The provisional voter provided the last four digits of	497
the voter's social security number.	498

...... The provisional voter is not able to provide a current	499
and valid photo identification, a military identification, or a	500
copy of a current utility bill, bank statement, government check,	501
paycheck, or other government document, other than a notice of an	502
election mailed by a board of elections under section 3501.19 of	503
the Revised Code or a notice of voter registration mailed by a	504
board of elections under section 3503.19 of the Revised Code, with	505
the voter's name and current address but does have one of these	506
forms of identification. The provisional voter must provide one of	507
the foregoing items of identification to the board of elections	508
within ten days after the election.	509

..... The provisional voter is not able to provide a current	510
and valid photo identification, a military identification, or a	511
copy of a current utility bill, bank statement, government check,	512
paycheck, or other government document, other than a notice of an	513
election mailed by a board of elections under section 3501.19 of	514
the Revised Code or a notice of voter registration mailed by a	515
board of elections under section 3503.19 of the Revised Code, with	516
the voter's name and current address but does have one of these	517
forms of identification. Additionally, the provisional voter does	518
have a social security number but is not able to provide the last	519
four digits of the voter's social security number before voting.	520
The provisional voter must provide one of the foregoing items of	521
identification or the last four digits of the voter's social	522
security number to the board of elections within ten days after	523
the election.	524

..... The provisional voter does not have a current and valid	525
photo identification, a military identification, a copy of a	526
current utility bill, bank statement, government check, paycheck,	527
or other government document with the voter's name and current	528
address, or a social security number, but has executed an	529
affirmation.	530

..... The provisional voter does not have a current and valid	531
photo identification, a military identification, a copy of a	532
current utility bill, bank statement, government check, paycheck,	533
or other government document with the voter's name and current	534
address, or a social security number, and has declined to execute	535
an affirmation.	536

..... The provisional voter declined to provide a current and	537
valid photo identification, a military identification, a copy of a	538
current utility bill, bank statement, government check, paycheck,	539
or other government document with the voter's name and current	540
address, or the last four digits of the voter's social security	541
number but does have one of these forms of identification or a	542
social security number. The provisional voter must provide one of	543
the foregoing items of identification or the last four digits of	544
the voter's social security number to the board of elections	545
within ten days after the election.	546

			547
	(Signature of Election Official)"		548

Poll Worker Checklist	549

The Provisional Ballot Affirmation of ................. (Print	550
voter's name) was subscribed and affirmed before me on	551
.....(Month) / .....(Day) / .....(Year).	552

1. Reason for voting provisionally – Why is this voter casting a	553
provisional ballot?	554

..... Voter's name does not appear on the official precinct	555
list	556

..... Voter requested an absent voter's ballot but did not	557
receive one	558

..... Voter is otherwise not eligible to cast a regular	559
ballot	560

2. ID – Did the voter present identification?	561

..... Yes

562

..... No

563

3. Additional information required? – Is the provisional voter	564
required to provide additional information to the Board of	565
Elections?	566

..... Yes

567

..... No

568

4. Voter information – Did you have the voter complete the voter's	569
portion of this envelope?	570

..... Yes

571

..... No

572

5. Correct precinct – Is the voter voting in his or her correct	573
precinct?	574

..... Yes

575

..... No

576

5a. If no, what is the voter's correct precinct?

577

.................................................

578

5b. Notice of correct precinct – Have you directed the voter	579
to go to the voter's correct precinct?	580

..... Yes

581

..... No

582

6. Name of this precinct (where voter has appeared to vote)	583

...............................	584

X..............................	585

Signature of Election Official"	586

In addition to any information required to be included on the	587
written affirmation, an individual casting a provisional ballot	588
may provide additional information to the election official to	589
assist the board of elections in determining the individual's	590
eligibility to vote in that election, including the date and	591
location at which the individual registered to vote, if known.	592

If the individual declines to execute the affirmation, an	593
appropriate local election official shall comply with division	594
(B)(6)(7) of section 3505.181 of the Revised Code.	595

Sec. 3505.183.  (A) When the ballot boxes are delivered to	596
the board of elections from the precincts, the board shall	597
separate the provisional ballot envelopes from the rest of the	598
ballots. Teams of employees of the board consisting of one member	599
of each major political party shall place the sealed provisional	600
ballot envelopes in a secure location within the office of the	601
board. The sealed provisional ballot envelopes shall remain in	602
that secure location until the validity of those ballots is	603
determined under division (B) of this section. While the	604
provisional ballot is stored in that secure location, and prior to	605
the counting of the provisional ballots, if the board receives	606
information regarding the validity of a specific provisional	607
ballot under division (B) of this section, the board may note, on	608
the sealed provisional ballot envelope for that ballot, whether	609
the ballot is valid and entitled to be counted.	610

(B)(1) To determine whether a provisional ballot is valid and	611
entitled to be counted, the board shall examine its records and	612
determine whether the individual who cast the provisional ballot	613
is registered and eligible to vote in the applicable election. The	614
board shall examine the information contained in the written	615
affirmation executed by the individual who cast the provisional	616
ballot under division (B)(2) of section 3505.181 of the Revised	617
Code. If the individual declines to execute such an affirmation,	618
the individual's name, written by either the individual or the	619
election official at the direction of the individual, shall be	620
included in a written affirmation in order for the provisional	621
ballot to be eligible to be counted; otherwise, the following	622
information shall be included in the written affirmation in order	623
for the provisional ballot to be eligible to be counted:	624

(a) The individual's name and signature;

625

(b) A statement that the individual is a registered voter in	626
the jurisdiction in which the provisional ballot is being voted;	627

(c) A statement that the individual is eligible to vote in	628
the election in which the provisional ballot is being voted.	629

(2) In addition to the information required to be included in	630
an affirmation under division (B)(1) of this section, in	631
determining whether a provisional ballot is valid and entitled to	632
be counted, the board also shall examine any additional	633
information for determining ballot validity provided by the	634
provisional voter on the affirmation, provided by the provisional	635
voter to an election official under section 3505.182 of the	636
Revised Code, or provided to the board of elections during the ten	637
days after the day of the election under division (B)(8)(9) of	638
section 3505.181 of the Revised Code, to assist the board in	639
determining the individual's eligibility to vote.	640

(3) If, in examining a provisional ballot affirmation and	641
additional information under divisions (B)(1) and (2) of this	642
section and comparing the information required under division	643
(B)(1) of this section with the elector's information in the	644
statewide voter registration database, the board determines that	645
all of the following apply, the provisional ballot envelope shall	646
be opened, and the ballot shall be placed in a ballot box to be	647
counted:	648

(a) The individual named on the affirmation is properly	649
registered to vote.	650

(b) The individual named on the affirmation is eligible to	651
cast a ballot in the precinct and for the election in which the	652
individual cast the provisional ballot.	653

(c) The individual provided all of the information required	654
under division (B)(1) of this section in the affirmation that the	655
individual executed at the time the individual cast the	656
provisional ballot.	657

(d) The last four digits of the elector's social security	658
number or the elector's driver's license number or state	659
identification number are not different from the last four digits	660
of the elector's social security number or the elector's driver's	661
license number or state identification number contained in the	662
statewide voter registration database.	663

(e) If applicable, the individual provided any additional	664
information required under division (B)(8)(9) of section 3505.181	665
of the Revised Code within ten days after the day of the election.	666

(f) If applicable, the hearing conducted under division (B)	667
of section 3503.24 of the Revised Code after the day of the	668
election resulted in the individual's inclusion in the official	669
registration list.	670

(4)(a) IfExcept as otherwise provided in division (C) of	671
this section, if, in examining a provisional ballot affirmation	672
and additional information under divisions (B)(1) and (2) of this	673
section and comparing the information required under division	674
(B)(1) of this section with the elector's information in the	675
statewide voter registration database, the board determines that	676
any of the following applies, the provisional ballot envelope	677
shall not be opened, and the ballot shall not be counted:	678

(i) The individual named on the affirmation is not qualified	679
or is not properly registered to vote.	680

(ii) The individual named on the affirmation is not eligible	681
to cast a ballot in the precinct or for the election in which the	682
individual cast the provisional ballot.	683

(iii) The individual did not provide all of the information	684
required under division (B)(1) of this section in the affirmation	685
that the individual executed at the time the individual cast the	686
provisional ballot.	687

(iv) The individual has already cast a ballot for the	688
election in which the individual cast the provisional ballot.	689

(v) If applicable, the individual did not provide any	690
additional information required under division (B)(8) of section	691
3505.181 of the Revised Code within ten days after the day of the	692
election.	693

(vi) If applicable, the hearing conducted under division (B)	694
of section 3503.24 of the Revised Code after the day of the	695
election did not result in the individual's inclusion in the	696
official registration list.	697

(vii) The individual failed to provide a current and valid	698
photo identification, a military identification, a copy of a	699
current utility bill, bank statement, government check, paycheck,	700
or other government document, other than a notice of an election	701
mailed by a board of elections under section 3501.19 of the	702
Revised Code or a notice of voter registration mailed by a board	703
of elections under section 3503.19 of the Revised Code, with the	704
voter's name and current address, or the last four digits of the	705
individual's social security number or to execute an affirmation	706
under division (A) of section 3505.18 or division (B) of section	707
3505.181 of the Revised Code.	708

(viii) The last four digits of the elector's social security	709
number or the elector's driver's license number or state	710
identification number are different from the last four digits of	711
the elector's social security number or the elector's driver's	712
license number or state identification number contained in the	713
statewide voter registration database.	714

(b) If, in examining a provisional ballot affirmation and	715
additional information under divisions (B)(1) and (2) of this	716
section and comparing the information required under division	717
(B)(1) of this section with the elector's information in the	718
statewide voter registration database, the board is unable to	719
determine either of the following, the provisional ballot envelope	720
shall not be opened, and the ballot shall not be counted:	721

(i) Whether the individual named on the affirmation is	722
qualified or properly registered to vote;	723

(ii) Whether the individual named on the affirmation is	724
eligible to cast a ballot in the precinct or for the election in	725
which the individual cast the provisional ballot.	726

(C)(1) If a provisional voter cast a ballot in a precinct in	727
which the provisional voter is not registered and eligible to vote	728
and the election officials failed to direct the provisional voter	729
to the correct precinct, the election officials shall remake that	730
provisional voter's ballot. The election official shall be deemed	731
to have failed to direct the provisional voter to the correct	732
precinct if the election official did not complete that checklist	733
or did not correctly complete that checklist.	734

(2) A board of elections that remakes a provisional ballot	735
under division (C)(1) of this section shall remake the provisional	736
ballot on a ballot for the appropriate precinct to reflect the	737
offices, questions, and issues for which the provisional voter was	738
eligible to cast a ballot and for which the provisional voter	739
attempted to cast a provisional ballot. The remade ballot shall be	740
counted for each office, question, and issue for which the	741
provisional voter was eligible to vote.	742

(D)(1) For each provisional ballot rejected under division	743
(B)(4) of this section, the board shall record the name of the	744
provisional voter who cast the ballot, the identification number	745
of the provisional ballot envelope, the names of the election	746
officials who determined the validity of that ballot, the date and	747
time that the determination was made, and the reason that the	748
ballot was not counted.	749

(2) Provisional ballots that are rejected under division	750
(B)(4) of this section shall not be counted but shall be preserved	751
in their provisional ballot envelopes unopened until the time	752
provided by section 3505.31 of the Revised Code for the	753
destruction of all other ballots used at the election for which	754
ballots were provided, at which time they shall be destroyed.	755

(D)(E) Provisional ballots that the board determines are	756
eligible to be counted under division (B)(3) or (C) of this	757
section shall be counted in the same manner as provided for other	758
ballots under section 3505.27 of the Revised Code. No provisional	759
ballots shall be counted in a particular county until the board	760
determines the eligibility to be counted of all provisional	761
ballots cast in that county under division (B) of this section for	762
that election. Observers, as provided in section 3505.21 of the	763
Revised Code, may be present at all times that the board is	764
determining the eligibility of provisional ballots to be counted	765
and counting those provisional ballots determined to be eligible.	766
No person shall recklessly disclose the count or any portion of	767
the count of provisional ballots in such a manner as to jeopardize	768
the secrecy of any individual ballot.	769

(E)(F)(1) Except as otherwise provided in division (E)(F)(2)	770
of this section, nothing in this section shall prevent a board of	771
elections from examining provisional ballot affirmations and	772
additional information under divisions (B)(1) and (2) of this	773
section to determine the eligibility of provisional ballots to be	774
counted during the ten days after the day of an election.	775

(2) A board of elections shall not examine the provisional	776
ballot affirmation and additional information under divisions	777
(B)(1) and (2) of this section of any provisional ballot for which	778
an election official has indicated under division (B)(7)(8) of	779
section 3505.181 of the Revised Code that additional information	780
is required for the board of elections to determine the	781
eligibility of the individual who cast that provisional ballot	782
until the individual provides any information required under	783
division (B)(8)(9) of section 3505.181 of the Revised Code, until	784
any hearing required to be conducted under section 3503.24 of the	785
Revised Code with regard to the provisional voter is held, or	786
until the eleventh day after the day of the election, whichever is	787
earlier.	788

Section 2.  That existing sections 3503.19, 3505.181,	789
3505.182, and 3505.183 of the Revised Code are hereby repealed.	790