Bill Text: OH SB10 | 2013-2014 | 130th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To revise the law regarding polling places and voting machines.

Spectrum: Slight Partisan Bill (Republican 39-15)

Status: (Passed) 2013-06-26 - Effective Date [SB10 Detail]

Download: Ohio-2013-SB10-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 10

Senators Coley, Smith 

Cosponsors: Senators Obhof, Faber, Widener, Patton, Hite, Lehner, Oelslager, Eklund, LaRose, Burke, Jones, Bacon, Beagle, Manning, Gardner 

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A BILL

To amend sections 3501.29, 3501.35, 3505.181,

1

3505.23, 3505.24, and 3509.01 of the Revised Code

2

to revise the law regarding polling places and

3

voting machines.

4

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

Section 1.  That sections 3501.29, 3501.35, 3505.181,	5
3505.23, 3505.24, and 3509.01 of the Revised Code be amended to	6
read as follows:	7

Sec. 3501.29.  (A) The board of elections shall provide for	8
each precinct a polling place and provide adequate facilities at	9
each polling place for conducting the election. The board shall	10
provide a sufficient number of screened or curtained voting	11
compartments to which electors may retire and conveniently mark	12
their ballots, protected from the observation of others. Each	13
voting compartment shall be provided at all times with writing	14
implements, instructions how to vote, and other necessary	15
conveniences for marking the ballot. The presiding judge shall	16
ensure that the voting compartments at all times are adequately	17
lighted and contain the necessary supplies. The board shall	18
utilize, in so far as practicable, rooms in public schools and	19
other public buildings for polling places. Upon application of the	20
board of elections, the authority which has the control of any	21
building or grounds supported by taxation under the laws of this	22
state, shall make available the necessary space therein for the	23
purpose of holding elections and adequate space for the storage of	24
voting machines, without charge for the use thereof. A reasonable	25
sum may be paid for necessary janitorial service. When polling	26
places are established in private buildings, the board may pay a	27
reasonable rental therefor, and also the cost of liability	28
insurance covering the premises when used for election purposes,	29
or the board may purchase a single liability policy covering the	30
board and the owners of the premises when used for election	31
purposes. When removable buildings are supplied by the board, they	32
shall be constructed under the contract let to the lowest and best	33
bidder, and the board shall observe all ordinances and regulations	34
then in force as to safety. The board shall remove all such	35
buildings from streets and other public places within thirty days	36
after an election, unless another election is to be held within	37
ninety days.	38

(B)(1) Except as otherwise provided in this section, the	39
board shall ensure all of the following:	40

(a) That polling places are free of barriers that would	41
impede ingress and egress of handicapped persons;	42

(b) That the minimum number of special parking locations,	43
also known as handicapped parking spaces or disability parking	44
spaces, for handicapped persons are designated at each polling	45
place in accordance with 28 C.F.R. Part 36, Appendix A, and in	46
compliance with division (E) of section 4511.69 of the Revised	47
Code.;	48

(c) That the entrances of polling places are level or are	49
provided with a nonskid ramp of not over eight per cent gradient	50
that meets the requirements of the "Americans with Disabilities	51
Act of 1990," 104 Stat. 327, 42 U.S.C. 12101;	52

(d) That doors are a minimum of thirty-two inches wide.

53

(2) Notwithstanding division (B)(1)(a), (c), or (d) of this	54
section, certain polling places may be specifically exempted by	55
the secretary of state upon certification by a board of elections	56
that a good faith, but unsuccessful, effort has been made to	57
modify, or change the location of, such polling places.	58

(C) At anyIf a polling place that ishas been exempted from	59
compliance by the secretary of state under division (B)(2) of this	60
section, the board of elections shall permit any handicapped	61
elector who travels to that elector's polling place, but who is	62
unable to enter the polling place due to the inaccessibility of	63
the polling place, to vote, with the assistance of two polling	64
place officials of major political parties, in the vehicle that	65
conveyed that elector to the polling place, or to receive and cast	66
that elector's ballot at the door of the polling place.	67

(D) The secretary of state shall:

68

(1) Work with other state agencies to facilitate the	69
distribution of information and technical assistance to boards of	70
elections to meet the requirements of division (B) of this	71
section;	72

(2) Work with organizations that represent or provide	73
services to handicapped, disabled, or elderly citizens to effect a	74
wide dissemination of information about the availability of	75
absentee voting, voting in the voter's vehicle or at the door of	76
the polling place, or other election services to handicapped,	77
disabled, or elderly citizens.	78

(E) Before the day of an election, the director of the board	79
of elections of each county shall sign a statement verifying that	80
each polling place that will be used in that county at that	81
election meets the requirements of division (B)(1)(b) of this	82
section. The signed statement shall be sent to the secretary of	83
state by certified mail.	84

(F) As used in this section, "handicapped" means having lost	85
the use of one or both legs, one or both arms, or any combination	86
thereof, or being blind or so severely disabled as to be unable to	87
move about without the aid of crutches or a wheelchair.	88

Sec. 3501.35. (A) During an election and the counting of the	89
ballots, no person shall do any of the following:	90

(1) Loiter, congregate, or engage in any kind of election	91
campaigning within the area between the polling place and the	92
small flags of the United States placed on the thoroughfares and	93
walkways leading to the polling place, and if the line of electors	94
waiting to vote extends beyond those small flags, within ten feet	95
of any elector in that line;	96

(2) In any manner hinder or delay an elector in reaching or	97
leaving the place fixed for casting the elector's ballot;	98

(3) Give, tender, or exhibit any ballot or ticket to any	99
person other than the elector's own ballot to the judge of	100
election within the area between the polling place and the small	101
flags of the United States placed on the thoroughfares and	102
walkways leading to the polling place, and if the line of electors	103
waiting to vote extends beyond those small flags, within ten feet	104
of any elector in that line;	105

(4) Exhibit any ticket or ballot which the elector intends to	106
cast;	107

(5) Solicit or in any manner attempt to influence any elector	108
in casting the elector's vote.	109

(B)(1) Except as otherwise provided in division (B)(2) of	110
this section and division (C) of section 3503.23 of the Revised	111
Code, no person who is not an election official, employee,	112
observer, or police officer shall be allowed to enter the polling	113
place during the election, except for the purpose of voting or	114
assisting another person to vote as provided in section 3505.24 of	115
the Revised Code.	116

(2) Notwithstanding any provision of this section to the	117
contrary, a journalist shall be allowed reasonable access to a	118
polling place during an election. As used in this division,	119
"journalist" has the same meaning as in division (B)(2) of section	120
2923.129 of the Revised Code.	121

(C) No more electors shall be allowed to approach the voting	122
shelves at any time than there are voting shelves provided.	123

(D) The judges of election and the police officer shall	124
strictly enforce the observance of this section.	125

Sec. 3505.181.  (A) All of the following individuals shall be	126
permitted to cast a provisional ballot at an election:	127

(1) An individual who declares that the individual is a	128
registered voter in the jurisdiction in which the individual	129
desires to vote and that the individual is eligible to vote in an	130
election, but the name of the individual does not appear on the	131
official list of eligible voters for the polling place or an	132
election official asserts that the individual is not eligible to	133
vote;	134

(2) An individual who has a social security number and	135
provides to the election officials the last four digits of the	136
individual's social security number as permitted by division	137
(A)(2) of section 3505.18 of the Revised Code;	138

(3) An individual who has but is unable to provide to the	139
election officials any of the forms of identification required	140
under division (A)(1) of section 3505.18 of the Revised Code and	141
who has a social security number but is unable to provide the last	142
four digits of the individual's social security number as	143
permitted under division (A)(2) of that section;	144

(4) An individual who does not have any of the forms of	145
identification required under division (A)(1) of section 3505.18	146
of the Revised Code, who cannot provide the last four digits of	147
the individual's social security number under division (A)(2) of	148
that section because the individual does not have a social	149
security number, and who has executed an affirmation as permitted	150
under division (A)(4) of that section;	151

(5) An individual whose name in the poll list or signature	152
pollbook has been marked under section 3509.09 or 3511.13 of the	153
Revised Code as having requested an absent voter's ballot or an	154
armed service absent voter's ballot for that election and who	155
appears to vote at the polling place;	156

(6) An individual whose notification of registration has been	157
returned undelivered to the board of elections and whose name in	158
the official registration list and in the poll list or signature	159
pollbook has been marked under division (C)(2) of section 3503.19	160
of the Revised Code;	161

(7) An individual who is challenged under section 3505.20 of	162
the Revised Code and the election officials determine that the	163
person is ineligible to vote or are unable to determine the	164
person's eligibility to vote;	165

(8) An individual whose application or challenge hearing has	166
been postponed until after the day of the election under division	167
(D)(1) of section 3503.24 of the Revised Code;	168

(9) An individual who changes the individual's name and	169
remains within the precinct, moves from one precinct to another	170
within a county, moves from one precinct to another and changes	171
the individual's name, or moves from one county to another within	172
the state, and completes and signs the required forms and	173
statements under division (B) or (C) of section 3503.16 of the	174
Revised Code;	175

(10) An individual whose signature, in the opinion of the	176
precinct officers under section 3505.22 of the Revised Code, is	177
not that of the person who signed that name in the registration	178
forms;	179

(11) An individual who is challenged under section 3513.20 of	180
the Revised Code who refuses to make the statement required under	181
that section or who a majority of the precinct officials find	182
lacks any of the qualifications to make the individual a qualified	183
elector;	184

(12) An individual who does not have any of the forms of	185
identification required under division (A)(1) of section 3505.18	186
of the Revised Code, who cannot provide the last four digits of	187
the individual's social security number under division (A)(2) of	188
that section because the person does not have a social security	189
number, and who declines to execute an affirmation as permitted	190
under division (A)(4) of that section;	191

(13) An individual who has but declines to provide to the	192
precinct election officials any of the forms of identification	193
required under division (A)(1) of section 3501.18 of the Revised	194
Code or who has a social security number but declines to provide	195
to the precinct election officials the last four digits of the	196
individual's social security number.	197

(B) An individual who is eligible to cast a provisional	198
ballot under division (A) of this section shall be permitted to	199
cast a provisional ballot as follows:	200

(1) An election official at the polling place shall notify	201
the individual that the individual may cast a provisional ballot	202
in that election.	203

(2) The individual shall be permitted to cast a provisional	204
ballot at that polling place upon the execution of a written	205
affirmation by the individual before an election official at the	206
polling place stating that the individual is both of the	207
following:	208

(a) A registered voter in the jurisdiction in which the	209
individual desires to vote;	210

(b) Eligible to vote in that election.

211

(3) An election official at the polling place shall transmit	212
the ballot cast by the individual, the voter information contained	213
in the written affirmation executed by the individual under	214
division (B)(2) of this section, or the individual's name if the	215
individual declines to execute such an affirmation to an	216
appropriate local election official for verification under	217
division (B)(4) of this section.	218

(4) If the appropriate local election official to whom the	219
ballot or voter or address information is transmitted under	220
division (B)(3) of this section determines that the individual is	221
eligible to vote, the individual's provisional ballot shall be	222
counted as a vote in that election.	223

(5)(a) At the time that an individual casts a provisional	224
ballot, the appropriate local election official shall give the	225
individual written information that states that any individual who	226
casts a provisional ballot will be able to ascertain under the	227
system established under division (B)(5)(b) of this section	228
whether the vote was counted, and, if the vote was not counted,	229
the reason that the vote was not counted.	230

(b) The appropriate state or local election official shall	231
establish a free access system, in the form of a toll-free	232
telephone number, that any individual who casts a provisional	233
ballot may access to discover whether the vote of that individual	234
was counted, and, if the vote was not counted, the reason that the	235
vote was not counted. The free access system established under	236
this division also shall provide to an individual whose	237
provisional ballot was not counted information explaining how that	238
individual may contact the board of elections to register to vote	239
or to resolve problems with the individual's voter registration.	240

The appropriate state or local election official shall	241
establish and maintain reasonable procedures necessary to protect	242
the security, confidentiality, and integrity of personal	243
information collected, stored, or otherwise used by the free	244
access system established under this division. Access to	245
information about an individual ballot shall be restricted to the	246
individual who cast the ballot.	247

(6) If, at the time that an individual casts a provisional	248
ballot, the individual provides identification in the form of a	249
current and valid photo identification, a military identification,	250
or a copy of a current utility bill, bank statement, government	251
check, paycheck, or other government document, other than a notice	252
of an election mailed by a board of elections under section	253
3501.19 of the Revised Code or a notice of voter registration	254
mailed by a board of elections under section 3503.19 of the	255
Revised Code, that shows the individual's name and current	256
address, or provides the last four digits of the individual's	257
social security number, or executes an affirmation that the	258
elector does not have any of those forms of identification or the	259
last four digits of the individual's social security number	260
because the individual does not have a social security number, or	261
declines to execute such an affirmation, the appropriate local	262
election official shall record the type of identification	263
provided, the social security number information, the fact that	264
the affirmation was executed, or the fact that the individual	265
declined to execute such an affirmation and include that	266
information with the transmission of the ballot or voter or	267
address information under division (B)(3) of this section. If the	268
individual declines to execute such an affirmation, the	269
appropriate local election official shall record the individual's	270
name and include that information with the transmission of the	271
ballot under division (B)(3) of this section.	272

(7) If an individual casts a provisional ballot pursuant to	273
division (A)(3), (7), (8), (12), or (13) of this section, the	274
election official shall indicate, on the provisional ballot	275
verification statement required under section 3505.182 of the	276
Revised Code, that the individual is required to provide	277
additional information to the board of elections or that an	278
application or challenge hearing has been postponed with respect	279
to the individual, such that additional information is required	280
for the board of elections to determine the eligibility of the	281
individual who cast the provisional ballot.	282

(8) During the ten days after the day of an election, an	283
individual who casts a provisional ballot pursuant to division	284
(A)(3), (7), (12), or (13) of this section shall appear at the	285
office of the board of elections and provide to the board any	286
additional information necessary to determine the eligibility of	287
the individual who cast the provisional ballot.	288

(a) For a provisional ballot cast pursuant to division	289
(A)(3), (12), or (13) of this section to be eligible to be	290
counted, the individual who cast that ballot, within ten days	291
after the day of the election, shall do any of the following:	292

(i) Provide to the board of elections proof of the	293
individual's identity in the form of a current and valid photo	294
identification, a military identification, or a copy of a current	295
utility bill, bank statement, government check, paycheck, or other	296
government document, other than a notice of an election mailed by	297
a board of elections under section 3501.19 of the Revised Code or	298
a notice of voter registration mailed by a board of elections	299
under section 3503.19 of the Revised Code, that shows the	300
individual's name and current address;	301

(ii) Provide to the board of elections the last four digits	302
of the individual's social security number;	303

(iii) In the case of a provisional ballot executed pursuant	304
to division (A)(12) of this section, execute an affirmation as	305
permitted under division (A)(4) of section 3505.18 of the Revised	306
Code.	307

(b) For a provisional ballot cast pursuant to division (A)(7)	308
of this section to be eligible to be counted, the individual who	309
cast that ballot, within ten days after the day of that election,	310
shall provide to the board of elections any identification or	311
other documentation required to be provided by the applicable	312
challenge questions asked of that individual under section 3505.20	313
of the Revised Code.	314

(C)(1) If an individual declares that the individual is	315
eligible to vote in a jurisdiction other than the jurisdiction in	316
which the individual desires to vote, or if, upon review of the	317
precinct voting location guide using the residential street	318
address provided by the individual, an election official at the	319
polling place at which the individual desires to vote determines	320
that the individual is not eligible to vote in that jurisdiction,	321
the election official shall direct the individual to the polling	322
place for the jurisdiction in which the individual appears to be	323
eligible to vote, explain that the individual may cast a	324
provisional ballot at the current location but the ballot will not	325
be counted if it is cast in the wrong precinct, and provide the	326
telephone number of the board of elections in case the individual	327
has additional questions.	328

(2) If the individual refuses to travel to the polling place	329
for the correct jurisdiction or to the office of the board of	330
elections to cast a ballot, the individual shall be permitted to	331
vote a provisional ballot at that jurisdiction in accordance with	332
division (B) of this section. If any of the following apply, the	333
provisional ballot cast by that individual shall not be opened or	334
counted:	335

(a) The individual is not properly registered in that	336
jurisdiction.	337

(b) The individual is not eligible to vote in that election	338
in that jurisdiction.	339

(c) The individual's eligibility to vote in that jurisdiction	340
in that election cannot be established upon examination of the	341
records on file with the board of elections.	342

(D) The appropriate local election official shall cause	343
voting information to be publicly posted at each polling place on	344
the day of each election.	345

(E) As used in this section and sections 3505.182 and	346
3505.183 of the Revised Code:	347

(1) "Jurisdiction" means the precinct in which a person is a	348
legally qualified elector.	349

(2) "Precinct voting location guide" means either of the	350
following:	351

(a) An electronic or paper record that lists the correct	352
jurisdiction and polling place for either each specific	353
residential street address in the county or the range of	354
residential street addresses located in each neighborhood block in	355
the county;	356

(b) Any other method that a board of elections creates that	357
allows a precinct election official or any elector who is at a	358
polling place in that county to determine the correct jurisdiction	359
and polling place of any qualified elector who resides in the	360
county.	361

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

362

(a) A sample version of the ballot that will be used for that	363
election;	364

(b) Information regarding the date of the election and the	365
hours during which polling places will be open;	366

(c) Instructions on how to vote, including how to cast a vote	367
and how to cast a provisional ballot;	368

(d) Instructions for mail-in registrants and first-time	369
voters under applicable federal and state laws;	370

(e) General information on voting rights under applicable	371
federal and state laws, including information on the right of an	372
individual to cast a provisional ballot and instructions on how to	373
contact the appropriate officials if these rights are alleged to	374
have been violated;	375

(f) General information on federal and state laws regarding	376
prohibitions against acts of fraud and misrepresentation.	377

(F) Nothing in this section or section 3505.183 of the	378
Revised Code is in derogation of section 3505.24 of the Revised	379
Code, which permits a blind, disabled, or illiterate elector to	380
receive assistance in the marking of the elector's ballot by two	381
precinct election officials of different political parties. A	382
blind, disabled, or illiterate elector may receive assistance in	383
marking that elector's provisional ballot and in completing the	384
required affirmation in the same manner as an elector may receive	385
assistance on the day of an election under that section.	386

Sec. 3505.23. NoExcept as otherwise provided in this	387
section, no voter shall be allowed to occupy a voting compartment	388
or use a voting machine more than fiveten minutes when all the	389
voting compartments or machines are in use and voters are waiting	390
to occupy them. ExceptThe ten-minute time limit shall not apply	391
to any person who is disabled and requires accommodation to the	392
extent required under the "Americans with Disabilities Act of	393
1990," 104 Stat. 327, 42 U.S.C. 12101.	394

Except as otherwise provided by section 3505.24 of the	395
Revised Code, no voter shall occupy a voting compartment or	396
machine with another person or speak to anyone, nor shall anyone	397
speak to the voter, while the voter is in a voting compartment or	398
machine.	399

In precincts that do not use voting machines the following	400
procedure shall be followed:	401

If a voter tears, soils, defaces, or erroneously marks a	402
ballot the voter may return it to the precinct election officials	403
and a second ballot shall be issued to the voter. Before returning	404
a torn, soiled, defaced, or erroneously marked ballot, the voter	405
shall fold it so as to conceal any marks the voter made upon it,	406
but the voter shall not remove Stub A therefrom. If the voter	407
tears, soils, defaces, or erroneously marks such second ballot,	408
the voter may return it to the precinct election officials, and a	409
third ballot shall be issued to the voter. In no case shall more	410
than three ballots be issued to a voter. Upon receiving a returned	411
torn, soiled, defaced, or erroneously marked ballot the precinct	412
election officials shall detach Stub A therefrom, write "Defaced"	413
on the back of such ballot, and place the stub and the ballot in	414
the separate containers provided therefor.	415

No elector shall leave the polling place until the elector	416
returns to the precinct election officials every ballot issued to	417
the elector with Stub A on each ballot attached thereto,	418
regardless of whether the elector has or has not placed any marks	419
upon the ballot.	420

Before leaving the voting compartment, the voter shall fold	421
each ballot marked by the voter so that no part of the face of the	422
ballot is visible, and so that the printing thereon indicating the	423
kind of ballot it is and the facsimile signatures of the members	424
of the board of elections are visible. The voter shall then leave	425
the voting compartment, deliver the voter's ballots, and state the	426
voter's name to the judge having charge of the ballot boxes, who	427
shall announce the name, detach Stub A from each ballot, and	428
announce the number on the stubs. The judges in charge of the poll	429
lists or poll books shall check to ascertain whether the number so	430
announced is the number on Stub B of the ballots issued to such	431
voter, and if no discrepancy appears to exist, the judge in charge	432
of the ballot boxes shall, in the presence of the voter, deposit	433
each such ballot in the proper ballot box and shall place Stub A	434
from each ballot in the container provided therefor. The voter	435
shall then immediately leave the polling place.	436

No ballot delivered by a voter to the judge in charge of the	437
ballot boxes with Stub A detached therefrom, and only ballots	438
provided in accordance with Title XXXV of the Revised Code, shall	439
be voted or deposited in the ballot boxes.	440

In marking a presidential ballot, the voter shall record the	441
vote in the manner provided on the ballot next to the names of the	442
candidates for the offices of president and vice-president. Such	443
ballot shall be considered and counted as a vote for each of the	444
candidates for election as presidential elector whose names were	445
certified to the secretary of state by the political party of such	446
nominees for president and vice-president.	447

In marking an office type ballot or nonpartisan ballot, the	448
voter shall record the vote in the manner provided on the ballot	449
next to the name of each candidate for whom the voter desires to	450
vote.	451

In marking a primary election ballot, the voter shall record	452
the vote in the manner provided on the ballot next to the name of	453
each candidate for whom the voter desires to vote. If the voter	454
desires to vote for the nomination of a person whose name is not	455
printed on the primary election ballot, the voter may do so by	456
writing such person's name on the ballot in the proper place	457
provided for such purpose.	458

In marking a questions and issues ballot, the voter shall	459
record the vote in the manner provided on the ballot at the left	460
or at the right of "YES" or "NO" or other words of similar import	461
which are printed on the ballot to enable the voter to indicate	462
how the voter votes in connection with each question or issue upon	463
which the voter desires to vote.	464

In marking any ballot on which a blank space has been	465
provided wherein an elector may write in the name of a person for	466
whom the elector desires to vote, the elector shall write such	467
person's name in such blank space and on no other place on the	468
ballot. Unless specific provision is made by statute, no blank	469
space shall be provided on a ballot for write-in votes, and any	470
names written on a ballot other than in a blank space provided	471
therefor shall not be counted or recorded.	472

Sec. 3505.24. AnyNotwithstanding any provision of the	473
Revised Code to the contrary, any elector who declares to the	474
presiding judge of elections that the elector is unable to mark	475
the elector's ballot by reason of blindness, disability, or	476
illiteracy may be accompanied in the voting booth and aided by any	477
person of the elector's choice, other than the elector's employer,	478
an agent of the elector's employer, or an officer or agent of the	479
elector's union, if any. The elector also may request and receive	480
assistance in the marking of the elector's ballot from two	481
election officials of different political parties. Any person	482
providing assistance in the marking of an elector's ballot under	483
this section shall thereafter provide no information in regard to	484
the marking of that ballot.	485

Any judge may require a declaration of inability to be made	486
by the elector under oath before the judge. Assistance shall not	487
be rendered for causes other than those specified in this section,	488
and no candidate whose name appears on the ballot shall assist any	489
person in marking that person's ballot.	490

Sec. 3509.01. (A) The board of elections of each county shall	491
provide absent voter's ballots for use at every primary and	492
general election, or special election to be held on the day	493
specified by division (E) of section 3501.01 of the Revised Code	494
for the holding of a primary election, designated by the general	495
assembly for the purpose of submitting constitutional amendments	496
proposed by the general assembly to the voters of the state. Those	497
ballots shall be the same size, shall be printed on the same kind	498
of paper, and shall be in the same form as has been approved for	499
use at the election for which those ballots are to be voted;	500
except that, in counties using marking devices, ballot cards may	501
be used for absent voter's ballots, and those absent voters shall	502
be instructed to record the vote in the manner provided on the	503
ballot cards. In counties where punch card ballots are used, those	504
absent voters shall be instructed to examine their marked ballot	505
cards and to remove any chads that remain partially attached to	506
them before returning them to election officials.	507

(B) The rotation of names of candidates and questions and	508
issues shall be substantially complied with on absent voter's	509
ballots, within the limitation of time allotted. Those ballots	510
shall be designated as "Absent Voter's Ballots." Except as	511
otherwise provided in division (D) of this section, those ballots	512
shall be printed and ready for use as follows:	513

(1) For overseas voters and absent uniformed services voters	514
eligible to vote under the Uniformed and Overseas Citizens	515
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	516
1973ff, et seq., as amended, ballots shall be printed and ready	517
for use on the forty-fifth day before the day of the election.	518

(2) For all other voters who are applying to vote absent	519
voter's ballots, ballots shall be printed and ready for use on the	520
thirty-fifth day before the day of the election.	521

(3) If, at the time for the close of in-person absent voting	522
on a particular day, there are voters waiting in line to cast	523
their ballots, the in-person absent voting location shall be kept	524
open until such waiting voters have cast their absent voter's	525
ballots.	526

(C) Absent voter's ballots provided for use at a general or	527
primary election, or special election to be held on the day	528
specified by division (E) of section 3501.01 of the Revised Code	529
for the holding of a primary election, designated by the general	530
assembly for the purpose of submitting constitutional amendments	531
proposed by the general assembly to the voters of the state, shall	532
include only those questions, issues, and candidacies that have	533
been lawfully ordered submitted to the electors voting at that	534
election.	535

(D) If the laws governing the holding of a special election	536
on a day other than the day on which a primary or general election	537
is held make it impossible for absent voter's ballots to be	538
printed and ready for use by the deadlines established in division	539
(B) of this section, absent voter's ballots for those special	540
elections shall be ready for use as many days before the day of	541
the election as reasonably possible under the laws governing the	542
holding of that special election.	543

(E) A copy of the absent voter's ballots shall be forwarded	544
by the director of the board in each county to the secretary of	545
state at least twenty-five days before the election.	546

(F) As used in this section, "chad" and "punch card ballot"	547
have the same meanings as in section 3506.16 of the Revised Code.	548

Section 2.  That existing sections 3501.29, 3501.35,	549
3505.181, 3505.23, 3505.24, and 3509.01 of the Revised Code are	550
hereby repealed.	551