Bill Text: OH HB21 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To establish a process to permit an elector who is confined to a health care facility under isolation to vote with the assistance of bipartisan board of elections employees, and to permit the elector's facsimile signature, provided by the hospital, to be used for signature verification purposes.

Spectrum: Slight Partisan Bill (Republican 6-2)

Status: (Introduced - Dead) 2013-01-30 - To Policy and Legislative Oversight [HB21 Detail]

Download: Ohio-2013-HB21-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 21

Representative Stebelton 

Cosponsors: Representatives Adams, J., Ramos, Scherer, Ruhl, Grossman, Huffman, Reece 

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A BILL

To amend section 3509.08 of the Revised Code to

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establish a process to permit an elector who is

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confined to a health care facility under isolation

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to vote with the assistance of bipartisan board of

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elections employees, and to permit the elector's

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facsimile signature, provided by the hospital, to

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be used for signature verification purposes.

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

Section 1. That section 3509.08 of the Revised Code be	8
amended to read as follows:	9

Sec. 3509.08.  (A) Any qualified elector, who, on account of	10
the elector's own personal illness, physical disability, or	11
infirmity, or on account of the elector's confinement in a jail or	12
workhouse under sentence for a misdemeanor or awaiting trial on a	13
felony or misdemeanor, will be unable to travel from the elector's	14
home or place of confinement to the voting booth in the elector's	15
precinct on the day of any general, special, or primary election	16
may make application in writing for an absent voter's ballot to	17
the director of the board of elections of the elector's county.	18
The application shall include all of the information required	19
under section 3509.03 of the Revised Code and shall state the	20
nature of the elector's illness, physical disability, or	21
infirmity, or the fact that the elector is confined in a jail or	22
workhouse and the elector's resultant inability to travel to the	23
election booth in the elector's precinct on election day. The	24
application shall not be valid if it is delivered to the director	25
before the ninetieth day or after twelve noon of the third day	26
before the day of the election at which the ballot is to be voted.	27

The absent voter's ballot may be mailed directly to the	28
applicant at the applicant's voting residence or place of	29
confinement as stated in the applicant's application, or the board	30
may designate two board employees belonging to the two major	31
political parties for the purpose of delivering the ballot to the	32
disabled or confined elector and returning it to the board, unless	33
the applicant is confined to a public or private institution	34
within the county, in which case the board shall designate two	35
board employees belonging to the two major political parties for	36
the purpose of delivering the ballot to the disabled or confined	37
elector and returning it to the board. In all other instances, the	38
ballot shall be returned to the office of the board in the manner	39
prescribed in section 3509.05 of the Revised Code.	40

Any disabled or confined elector who declares to the two	41
board employees belonging to the two major political parties that	42
the elector is unable to mark the elector's ballot by reason of	43
physical infirmity that is apparent to the employees to be	44
sufficient to incapacitate the voter from marking the elector's	45
ballot properly, may receive, upon request, the assistance of the	46
employees in marking the elector's ballot, and they shall	47
thereafter give no information in regard to this matter. Such	48
assistance shall not be rendered for any other cause.	49

When two board employees belonging to the two major political	50
parties deliver a ballot to a disabled or confined elector, each	51
of the employees shall be present when the ballot is delivered,	52
when assistance is given, and when the ballot is returned to the	53
office of the board, and shall subscribe to the declaration on the	54
identification envelope.	55

The secretary of state shall prescribe the form of	56
application for absent voter's ballots under this division.	57

This chapter applies to disabled and confined absent voter's	58
ballots except as otherwise provided in this section.	59

(B)(1) Any qualified elector who is unable to travel to the	60
voting booth in the elector's precinct on the day of any general,	61
special, or primary election may apply to the director of the	62
board of elections of the county where the elector is a qualified	63
elector to vote in the election by absent voter's ballot if either	64
of the following apply:	65

(a) The elector is confined in a hospital as a result of an	66
accident or unforeseeable medical emergency occurring before the	67
election;	68

(b) The elector's minor child is confined in a hospital as a	69
result of an accident or unforeseeable medical emergency occurring	70
before the election.	71

(2) The application authorized under division (B)(1) of this	72
section shall be made in writing, shall include all of the	73
information required under section 3509.03 of the Revised Code,	74
and shall be delivered to the director not later than three p.m.	75
on the day of the election. The application shall indicate the	76
hospital where the applicant or the applicant's child is confined,	77
the date of the applicant's or the applicant's child's admission	78
to the hospital, and the offices for which the applicant is	79
qualified to vote. The applicant may also request that a member of	80
the applicant's family, as listed in section 3509.05 of the	81
Revised Code, deliver the absent voter's ballot to the applicant.	82
The director, after establishing to the director's satisfaction	83
the validity of the circumstances claimed by the applicant, shall	84
supply an absent voter's ballot to be delivered to the applicant.	85
When the applicant or the applicant's child is in a hospital in	86
the county where the applicant is a qualified elector and no	87
request is made for a member of the family to deliver the ballot,	88
the director shall arrange for the delivery of an absent voter's	89
ballot to the applicant, and for its return to the office of the	90
board, by two board employees belonging to the two major political	91
parties according to the procedures prescribed in division (A) of	92
this section. When the applicant or the applicant's child is in a	93
hospital outside the county where the applicant is a qualified	94
elector and no request is made for a member of the family to	95
deliver the ballot, the director shall arrange for the delivery of	96
an absent voter's ballot to the applicant by mail, and the ballot	97
shall be returned to the office of the board in the manner	98
prescribed in section 3509.05 of the Revised Code.	99

(3) Any qualified elector who is eligible to vote under	100
division (B) or (C) of section 3503.16 of the Revised Code but is	101
unable to do so because of the circumstances described in division	102
(B)(2) of this section may vote in accordance with division (B)(1)	103
of this section if that qualified elector states in the	104
application for absent voter's ballots that that qualified elector	105
moved or had a change of name under the circumstances described in	106
division (B) or (C) of section 3503.16 of the Revised Code and if	107
that qualified elector complies with divisions (G)(1) to (4) of	108
section 3503.16 of the Revised Code.	109

(C) Any qualified elector described in division (A) or (B)(1)	110
of this section who needs no assistance to vote or to return	111
absent voter's ballots to the board of elections may apply for	112
absent voter's ballots under section 3509.03 of the Revised Code	113
instead of applying for them under this section.	114

(D) Any qualified elector described in division (A) or (B)(1)	115
of this section who is confined to a hospital or other health care	116
facility under isolation shall be permitted to cast a ballot with	117
the assistance of two board employees belonging to the two major	118
political parties according to the procedures described in	119
division (A) of this section. The board employees may accept the	120
elector's verbal instructions for marking the ballot using	121
telephonic or other electronic means, as long as the elector and	122
both board of elections employees can hear each other at all	123
times. If possible under the circumstances, the elector and board	124
of elections employees shall be in view of each other at all times	125
during the voting process. Such an elector shall not be required	126
to sign the identification envelope for the elector's absent	127
voter's ballot to be counted. The board of elections employees	128
assisting the elector in marking the elector's ballot may obtain a	129
facsimile copy of the elector's signature from the hospital, which	130
signature shall be affixed to the identification envelope and used	131
for signature verification purposes.	132

Section 2. That existing section 3509.08 of the Revised Code	133
is hereby repealed.	134