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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
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 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 |
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 |
(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 |