Bill Text: OH SB20 | 2013-2014 | 130th General Assembly | Introduced

Ohio Senate Bill 20 (Prior Session Legislation)

Introduced

Bill Title: To revise the Election Law.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2013-02-12 - To State Government Oversight & Reform [SB20 Detail]

Download: Ohio-2013-SB20-Introduced.html

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 20

Senator Turner

Cosponsors: Senators Brown, Gentile, Kearney, Sawyer, Schiavoni, Skindell, Tavares

A BILL

To amend sections 3.02, 7.101, 302.09, 305.02,

503.24, 733.31, 1901.10, 2101.44, 2301.02,

3501.01, 3501.02, 3501.05, 3501.051, 3501.053,

3501.10, 3501.11, 3501.13, 3501.17, 3501.18,

3501.20, 3501.22, 3501.26, 3501.27, 3501.28,

3501.29, 3501.30, 3501.301, 3501.31, 3501.32,

3501.33, 3501.35, 3501.37, 3501.38, 3503.02,

3503.06, 3503.09, 3503.10, 3503.14, 3503.15,

3503.16, 3503.18, 3503.19, 3503.21, 3503.24,

3503.26, 3503.28, 3505.03, 3505.04, 3505.06,

3505.08, 3505.10, 3505.11, 3505.13, 3505.16,

3505.17, 3505.18, 3505.181, 3505.182, 3505.183,

3505.20, 3505.21, 3505.23, 3505.24, 3505.26,

3505.27, 3505.29, 3505.30, 3505.31, 3506.05,

3506.08, 3506.09, 3506.12, 3506.15, 3506.21,

3509.01, 3509.03, 3509.04, 3509.05, 3509.06,

3509.07, 3509.08, 3511.02, 3511.021, 3511.04,

3511.05, 3511.09, 3511.11, 3511.14, 3513.05,

3513.13, 3513.131, 3513.14, 3513.19, 3513.21,

3513.31, 3515.04, 3515.08, 3517.01, 3517.012,

3517.014, 3517.015, 3517.106, 3517.11, 3599.07,

3599.11, 3599.17, 3599.19, and 3599.31, to enact

sections 3501.302, 3501.40, 3501.50, 3501.91,

3503.151, 3503.20, 3505.05, 3505.184, 3506.021,

3506.17, 3509.031, 3509.032, and 3511.012, and to

repeal sections 3503.29, 3506.16, 3517.016, and

3599.111 of the Revised Code to revise the

Election Law.

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

Section 1. That sections 3.02, 7.101, 302.09, 305.02, 503.24,	29
733.31, 1901.10, 2101.44, 2301.02, 3501.01, 3501.02, 3501.05,	30
3501.051, 3501.053, 3501.10, 3501.11, 3501.13, 3501.17, 3501.18,	31
3501.20, 3501.22, 3501.26, 3501.27, 3501.28, 3501.29, 3501.30,	32
3501.301, 3501.31, 3501.32, 3501.33, 3501.35, 3501.37, 3501.38,	33
3503.02, 3503.06, 3503.09, 3503.10, 3503.14, 3503.15, 3503.16,	34
3503.18, 3503.19, 3503.21, 3503.24, 3503.26, 3503.28, 3505.03,	35
3505.04, 3505.06, 3505.08, 3505.10, 3505.11, 3505.13, 3505.16,	36
3505.17, 3505.18, 3505.181, 3505.182, 3505.183, 3505.20, 3505.21,	37
3505.23, 3505.24, 3505.26, 3505.27, 3505.29, 3505.30, 3505.31,	38
3506.05, 3506.08, 3506.09, 3506.12, 3506.15, 3506.21, 3509.01,	39
3509.03, 3509.04, 3509.05, 3509.06, 3509.07, 3509.08, 3511.02,	40
3511.021, 3511.04, 3511.05, 3511.09, 3511.11, 3511.14, 3513.05,	41
3513.13, 3513.131, 3513.14, 3513.19, 3513.21, 3513.31, 3515.04,	42
3515.08, 3517.01, 3517.012, 3517.014, 3517.015, 3517.106, 3517.11,	43
3599.07, 3599.11, 3599.17, 3599.19, and 3599.31, be amended and	44
sections 3501.302, 3501.40, 3501.50, 3501.91, 3503.151, 3503.20,	45
3505.05, 3505.184, 3506.021, 3506.17, 3509.031, 3509.032, and	46
3511.012 of the Revised Code be enacted to read as follows:	47

Sec. 3.02. (A) When an elective office becomes vacant and is	48
filled by appointment, such appointee shall hold the office until	49
the appointee's successor is elected and qualified; and such	50
successor shall be elected for the unexpired term, at the first	51
general election for the office which is vacant that occurs more	52
than ~~fifty-six~~forty days after the vacancy has occurred; provided	53
that when the unexpired term ends within one year immediately	54
following the date of such general election, an election to fill	55
such unexpired term shall not be held and the appointment shall be	56
for such unexpired term.	57

(B) When an elective office becomes vacant and is filled by	58
appointment, the appointing authority shall, immediately but no	59
later than seven days after making the appointment, certify it to	60
the board of elections and to the secretary of state. The board of	61
elections or, in the case of an appointment to a statewide office,	62
the secretary of state shall issue a certificate of appointment to	63
the appointee. Certificates of appointment shall be in such form	64
as the secretary of state shall prescribe.	65

(C) When an elected candidate fails to qualify for the office	66
to which the candidate has been elected, the office shall be	67
filled as in the case of a vacancy. Until so filled, the incumbent	68
officer shall continue to hold office. This section does not	69
postpone the time for such election beyond that at which it would	70
have been held had no such vacancy occurred, or affect the	71
official term, or the time for the commencement thereof, of any	72
person elected to such office before the occurrence of such	73
vacancy.	74

Sec. 7.101. For publication of proposed amendments to the	75
Ohio ~~constitution~~Constitution, ballot language, and explanations	76
and arguments both for and against proposed amendments, referenda,	77
or laws proposed by initiative petitions, publishers of newspapers	78
may charge and receive rates charged on annual contracts by them	79
for a like amount of space to other advertisers who advertise in	80
its general display advertising columns.	81

Legal advertising of proposed amendments to the constitution	82
shall be printed in display form and shall meet the following	83
specifications. The advertisements shall contain a headline	84
entitled "proposed amendment to the Ohio ~~constitution~~	85
Constitution" printed in not smaller than thirty point type. The	86
ballot language, and explanations and arguments both for and	87
against the proposed amendments, shall be printed in type not	88
smaller than ten point type. For referenda and laws proposed by	89
initiative petitions, the advertisement shall contain a headline	90
entitled "referendum" or, when appropriate, "proposed law" printed	91
in not smaller than thirty point type. All advertisements shall	92
contain such normal spaces and blanks as contribute to clarity and	93
understanding and the entire section of each publication shall be	94
enclosed by a black border line of the same point type size as	95
corresponds to the type size of the ballot language. The notice	96
shall be printed in two or more columns if necessary to contribute	97
to clarity or understanding or if necessary to accommodate the	98
black border outline.	99

All legal advertisements or notices under this section shall	100
be printed in newspapers published in the English language only.	101

Sec. 302.09. When a vacancy occurs in the board of county	102
commissioners or in the office of county auditor, county	103
treasurer, prosecuting attorney, clerk of the court of common	104
pleas, sheriff, county recorder, county engineer, or coroner more	105
than ~~fifty-six~~forty days before the next general election for	106
state and county officers, the vacancy shall be filled as provided	107
for in divisions (A) and (B) of section 305.02 of the Revised	108
Code.	109

Sec. 305.02. (A) If a vacancy in the office of county	110
commissioner, prosecuting attorney, county auditor, county	111
treasurer, clerk of the court of common pleas, sheriff, county	112
recorder, county engineer, or coroner occurs more than ~~fifty-six~~	113
forty days before the next general election for state and county	114
officers, a successor shall be elected at such election for the	115
unexpired term unless such term expires within one year	116
immediately following the date of such general election.	117

In either event, the vacancy shall be filled as provided in	118
this section and the appointee shall hold office until a successor	119
is elected and qualified.	120

(B) If a vacancy occurs from any cause in any of the offices	121
named in division (A) of this section, the county central	122
committee of the political party with which the last occupant of	123
the office was affiliated shall appoint a person to hold the	124
office and to perform the duties thereof until a successor is	125
elected and has qualified, except that if such vacancy occurs	126
because of the death, resignation, or inability to take the office	127
of an officer-elect whose term has not yet begun, an appointment	128
to take such office at the beginning of the term shall be made by	129
the central committee of the political party with which such	130
officer-elect was affiliated.	131

(C) Not less than five nor more than forty-five days after a	132
vacancy occurs, the county central committee shall meet for the	133
purpose of making an appointment under this section. Not less than	134
four days before the date of such meeting the chairperson or	135
secretary of such central committee shall send by first class mail	136
to every member of such central committee a written notice which	137
shall state the time and place of such meeting and the purpose	138
thereof. A majority of the members of the central committee	139
present at such meeting may make the appointment.	140

(D) If the last occupant of the office or the officer-elect	141
was elected as an independent candidate, the board of county	142
commissioners shall make such appointment at the time when the	143
vacancy occurs, except where the vacancy is in the office of	144
county commissioner, in which case the prosecuting attorney and	145
the remaining commissioners or a majority of them shall make the	146
appointment.	147

(E) Appointments made under this section shall be certified	148
by the appointing county central committee or by the board of	149
county commissioners to the county board of elections and to the	150
secretary of state, and the persons so appointed and certified	151
shall be entitled to all remuneration provided by law for the	152
offices to which they are appointed.	153

(F) The board of county commissioners may appoint a person to	154
hold any of the offices named in division (A) of this section as	155
an acting officer and to perform the duties thereof between the	156
occurrence of the vacancy and the time when the officer appointed	157
by the central committee qualifies and takes the office.	158

(G) A person appointed prosecuting attorney or assistant	159
prosecuting attorney shall give bond and take the oath of office	160
prescribed by section 309.03 of the Revised Code for the	161
prosecuting attorney.	162

Sec. 503.24. If there is a vacancy by reason of the	163
nonacceptance, death, or removal of a person chosen to an office	164
in any township at the regular election, or if there is a vacancy	165
from any other cause, the board of township trustees shall appoint	166
a person having the qualifications of an elector to fill such	167
vacancy for the unexpired term or until a successor is elected.	168

If a township is without a board or if no appointment is made	169
within thirty days after the occurrence of a vacancy, a majority	170
of the persons designated as the committee of five on the	171
last-filed nominating petition of the township officer whose	172
vacancy is to be filled who are residents of the township shall	173
appoint a person having the qualifications of an elector to fill	174
the vacancy for the unexpired term or until a successor is	175
elected. If at least three of the committee members who are	176
residents of the township cannot be found, or if that number of	177
such members fails to make an appointment within ten days after	178
the thirty-day period in which the board of township trustees is	179
authorized to make an appointment, then the presiding probate	180
judge of the county shall appoint a suitable person having the	181
qualifications of an elector in the township to fill the vacancy	182
for the unexpired term or until a successor is elected.	183

If a vacancy occurs in a township elective office more than	184
~~fifty-six~~forty days before the next general election for	185
municipal and township officers a successor shall be chosen at	186
that election to fill the unexpired term, provided the term does	187
not expire within one year from the day of the election. If the	188
term expires within one year from the day of the next general	189
election for municipal and township officers, a successor	190
appointed pursuant to this section shall serve out the unexpired	191
term.	192

Sec. 733.31. (A) Unless otherwise provided by law, vacancies	193
arising in appointive and elective offices of villages shall be	194
filled by appointment by the mayor for the remainder of the	195
unexpired term, provided that:	196

(1) Vacancies in the office of mayor shall be filled in the	197
manner provided by section 733.25 of the Revised Code;	198

(2) Vacancies in the membership of the legislative authority	199
shall be filled in the manner provided by section 731.43 of the	200
Revised Code;	201

(3) Vacancies in the office of president pro tempore of a	202
village legislative authority shall be filled in the manner	203
provided by section 731.11 of the Revised Code.	204

In the event of a vacancy in the office of village clerk or	205
treasurer, the mayor may appoint a person to serve as an acting	206
officer to perform the duties of the office until a permanent	207
officer is appointed to fill the vacancy.	208

(B) Unless otherwise provided by law, vacancies arising in	209
appointive offices of cities shall be filled by appointment by the	210
mayor for the remainder of the unexpired term.	211

(C) A vacancy in the office of president of the legislative	212
authority of a city shall be filled in the same manner as provided	213
in division (D) of this section. Vacancies in the office of mayor	214
of a city shall be filled in the manner provided in section 733.08	215
of the Revised Code. Vacancies in the membership of the	216
legislative authority of a city shall be filled in the manner	217
provided in section 731.43 of the Revised Code.	218

(D) In case of the death, resignation, removal, or disability	219
of the director of law, auditor, or treasurer of a city and such	220
vacancy occurs more than ~~fifty-six~~forty days before the next	221
general election for such office, a successor shall be elected at	222
such election for the unexpired term unless such term expires	223
within one year immediately following the date of such general	224
election. In either event, the vacancy shall be filled as provided	225
in this section and the appointee shall hold office until a	226
successor is elected and qualified.	227

(1) The county central committee of the political party with	228
which the last occupant of the office was affiliated, acting	229
through its members who reside in the city where the vacancy	230
occurs, shall appoint a person to hold the office and to perform	231
the duties thereof until a successor is elected and has qualified,	232
except that if such vacancy occurs because of the death,	233
resignation, or inability to take the office of an officer-elect	234
whose term has not yet begun, an appointment to take such office	235
at the beginning of the term shall be made by the members of the	236
central committee who reside in the city where the vacancy occurs.	237

(2) Not less than five nor more than forty-five days after a	238
vacancy occurs, the county central committee, acting through its	239
members who reside in the city where the vacancy occurs, shall	240
meet for the purpose of making an appointment. Not less than four	241
days before the date of the meeting the chairperson or secretary	242
of the central committee shall send by first class mail to every	243
member of such central committee who resides in the city where the	244
vacancy occurs a written notice which shall state the time and	245
place of such meeting and the purpose thereof. A majority of the	246
members of the central committee present at such meeting may make	247
the appointment.	248

(E) If the last occupant of the office or the officer-elect,	249
as provided in division (D) of this section, was elected as an	250
independent candidate, the mayor of the city shall make the	251
appointment at the time the vacancy occurs.	252

(F) Appointments made under this section shall be certified	253
by the appointing county central committee or by the mayor of the	254
municipal corporation to the county board of elections and to the	255
secretary of state. The persons so appointed and certified shall	256
be entitled to all remuneration provided by law for the offices to	257
which they are appointed.	258

(G) The mayor of the city may appoint a person to hold the	259
city office of director of law, auditor, or treasurer as an acting	260
officer and to perform the duties thereof between the occurrence	261
of the vacancy and the time when the person appointed by the	262
central committee qualifies and takes the office.	263

Sec. 1901.10. (A)(1)(a) The judges of the municipal court	264
and officers of the court shall take an oath of office as provided	265
in section 3.23 of the Revised Code. The office of judge of the	266
municipal court is subject to forfeiture, and the judge may be	267
removed from office, for the causes and by the procedure provided	268
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the	269
office of judge exists upon the death, resignation, forfeiture,	270
removal from office, or absence from official duties for a period	271
of six consecutive months, as determined under this section, of	272
the judge and also by reason of the expiration of the term of an	273
incumbent when no successor has been elected or qualified. The	274
chief justice of the supreme court may designate a judge of	275
another municipal court to act until that vacancy is filled in	276
accordance with section 107.08 of the Revised Code. A vacancy	277
resulting from the absence of a judge from official duties for a	278
period of six consecutive months shall be determined and declared	279
by the legislative authority.	280

(b) If a vacancy occurs in the office of judge or clerk of	281
the municipal court after the one-hundredth day before the first	282
Tuesday after the first Monday in May and prior to the ~~fifty-sixth~~	283
fortieth day before the day of the general election, all	284
candidates for election to the unexpired term of the judge or	285
clerk shall file nominating petitions with the board of elections	286
not later than four p.m. on the tenth day following the day on	287
which the vacancy occurs, except that, when the vacancy occurs	288
fewer than ~~four~~six days before the ~~fifty-sixth~~fortieth day	289
before the general election, the deadline for filing shall be four	290
p.m. on the ~~fiftieth~~thirty-sixth day before the day of the	291
general election.	292

(c) Each nominating petition referred to in division	293
(A)(1)(b) of this section shall be in the form prescribed in	294
section 3513.261 of the Revised Code and shall be signed by at	295
least fifty qualified electors of the territory of the municipal	296
court. No nominating petition shall be accepted for filing or	297
filed if it appears on its face to contain signatures aggregating	298
in number more than twice the minimum aggregate number of	299
signatures required by this section.	300

(2) If a judge of a municipal court that has only one judge	301
is temporarily absent, incapacitated, or otherwise unavailable,	302
the judge may appoint a substitute who has the qualifications	303
required by section 1901.06 of the Revised Code or a retired judge	304
of a court of record who is a qualified elector and a resident of	305
the territory of the court. If the judge is unable to make the	306
appointment, the chief justice of the supreme court shall appoint	307
a substitute. The appointee shall serve during the absence,	308
incapacity, or unavailability of the incumbent, shall have the	309
jurisdiction and powers conferred upon the judge of the municipal	310
court, and shall be styled "acting judge." During that time of	311
service, the acting judge shall sign all process and records and	312
shall perform all acts pertaining to the office, except that of	313
removal and appointment of officers of the court. All courts shall	314
take judicial notice of the selection and powers of the acting	315
judge. The incumbent judge shall establish the amount of	316
compensation of an acting judge upon either a per diem, hourly, or	317
other basis, but the rate of pay shall not exceed the per diem	318
amount received by the incumbent judge.	319

(B) When the volume of cases pending in any municipal court	320
necessitates an additional judge, the chief justice of the supreme	321
court, upon the written request of the judge or presiding judge of	322
that municipal court, may designate a judge of another municipal	323
court or county court to serve for any period of time that the	324
chief justice may prescribe. The compensation of a judge so	325
designated shall be paid from the city treasury or, in the case of	326
a county-operated municipal court, from the county treasury. In	327
addition to the annual salary provided for in section 1901.11 of	328
the Revised Code and in addition to any compensation under	329
division (A)(5) or (6) of section 141.04 of the Revised Code to	330
which the judge is entitled in connection with the judge's own	331
court, a full-time or part-time judge while holding court outside	332
the judge's territory on the designation of the chief justice	333
shall receive actual and necessary expenses and compensation as	334
follows:	335

(1) A full-time judge shall receive thirty dollars for each	336
day of the assignment.	337

(2) A part-time judge shall receive for each day of the	338
assignment the per diem compensation of the judges of the court to	339
which the judge is assigned, less the per diem amount paid to	340
those judges pursuant to section 141.04 of the Revised Code,	341
calculated on the basis of two hundred fifty working days per	342
year.	343

If a request is made by a judge or the presiding judge of a	344
municipal court to designate a judge of another municipal court	345
because of the volume of cases in the court for which the request	346
is made and the chief justice reports, in writing, that no	347
municipal or county court judge is available to serve by	348
designation, the judges of the court requesting the designation	349
may appoint a substitute as provided in division (A)(2) of this	350
section, who may serve for any period of time that is prescribed	351
by the chief justice. The substitute judge shall be paid in the	352
same manner and at the same rate as the incumbent judges, except	353
that, if the substitute judge is entitled to compensation under	354
division (A)(5) or (6) of section 141.04 of the Revised Code, then	355
section 1901.121 of the Revised Code shall govern its payment.	356

Sec. 2101.44. The election upon the question of combining	357
the probate court and the court of common pleas shall be conducted	358
as provided for the election of county officers.	359

The board of ~~election~~elections shall provide separate	360
ballots, ~~ballot boxes,~~ tally sheets, blanks, stationery, and all	361
such other supplies as may be necessary in the conduct of such	362
election.	363

Ballots shall be printed with an affirmative and negative	364
statement thereon, as follows:	365

366

		The probate court and the court of common pleas shall be combined.			367
		The probate court and the court of common pleas shall not be combined.			368

369

Returns of said election shall be made and canvassed at the	370
same time and in the same manner as an election for county	371
officers. The board shall certify the result of said election to	372
the secretary of state, to the probate judge of said county, and	373
to the judge of the court of common pleas, and such result shall	374
be spread upon the journal of the probate court and of the court	375
of common pleas.	376

If a majority of the votes cast at such an election are in	377
favor of combining said courts, such courts shall stand combined	378
upon determination of the fact that a majority of the persons	379
voting upon the question of the combination of such courts voted	380
in favor of such combination.	381

Sec. 2301.02. The number of judges of the court of common	382
pleas for each county, the time for the next election of the	383
judges in the several counties, and the beginning of their terms	384
shall be as follows:	385

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	386
elected in 1956, term to begin February 9, 1957;	387

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	388
Ottawa, and Union counties, one judge, to be elected in 1954, term	389
to begin February 9, 1955;	390

In Auglaize county, one judge, to be elected in 1956, term to	391
begin January 9, 1957;	392

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	393
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	394
Wyandot counties, one judge, to be elected in 1956, term to begin	395
January 1, 1957;	396

In Morrow county, two judges, one to be elected in 1956, term	397
to begin January 1, 1957, and one to be elected in 2006, term to	398
begin January 1, 2007;	399

In Logan county, two judges, one to be elected in 1956, term	400
to begin January 1, 1957, and one to be elected in 2004, term to	401
begin January 2, 2005;	402

In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,	403
Shelby, Van Wert, and Williams counties, one judge, to be elected	404
in 1952, term to begin January 1, 1953;	405

In Champaign county, two judges, one to be elected in 1952,	406
term to begin January 1, 1953, and one to be elected in 2008, term	407
to begin February 10, 2009.;	408

In Harrison and Noble counties, one judge, to be elected in	409
1954, term to begin April 18, 1955;	410

In Henry county, two judges, one to be elected in 1956, term	411
to begin May 9, 1957, and one to be elected in 2004, term to begin	412
January 1, 2005;	413

In Putnam county, one judge, to be elected in 1956, term to	414
begin May 9, 1957;	415

In Huron county, one judge, to be elected in 1952, term to	416
begin May 14, 1953;	417

In Perry county, one judge, to be elected in 1954, term to	418
begin July 6, 1956;	419

In Sandusky county, two judges, one to be elected in 1954,	420
term to begin February 10, 1955, and one to be elected in 1978,	421
term to begin January 1, 1979;.	422

(B) In Allen county, three judges, one to be elected in 1956,	423
term to begin February 9, 1957, the second to be elected in 1958,	424
term to begin January 1, 1959, and the third to be elected in	425
1992, term to begin January 1, 1993;	426

In Ashtabula county, three judges, one to be elected in 1954,	427
term to begin February 9, 1955, one to be elected in 1960, term to	428
begin January 1, 1961, and one to be elected in 1978, term to	429
begin January 2, 1979;	430

In Athens county, two judges, one to be elected in 1954, term	431
to begin February 9, 1955, and one to be elected in 1990, term to	432
begin July 1, 1991;	433

In Erie county, four judges, one to be elected in 1956, term	434
to begin January 1, 1957, the second to be elected in 1970, term	435
to begin January 2, 1971, the third to be elected in 2004, term to	436
begin January 2, 2005, and the fourth to be elected in 2008, term	437
to begin February 9, 2009;	438

In Fairfield county, three judges, one to be elected in 1954,	439
term to begin February 9, 1955, the second to be elected in 1970,	440
term to begin January 1, 1971, and the third to be elected in	441
1994, term to begin January 2, 1995;	442

In Geauga county, two judges, one to be elected in 1956, term	443
to begin January 1, 1957, and the second to be elected in 1976,	444
term to begin January 6, 1977;	445

In Greene county, four judges, one to be elected in 1956,	446
term to begin February 9, 1957, the second to be elected in 1960,	447
term to begin January 1, 1961, the third to be elected in 1978,	448
term to begin January 2, 1979, and the fourth to be elected in	449
1994, term to begin January 1, 1995;	450

In Hancock county, two judges, one to be elected in 1952,	451
term to begin January 1, 1953, and the second to be elected in	452
1978, term to begin January 1, 1979;	453

In Lawrence county, two judges, one to be elected in 1954,	454
term to begin February 9, 1955, and the second to be elected in	455
1976, term to begin January 1, 1977;	456

In Marion county, three judges, one to be elected in 1952,	457
term to begin January 1, 1953, the second to be elected in 1976,	458
term to begin January 2, 1977, and the third to be elected in	459
1998, term to begin February 9, 1999;	460

In Medina county, three judges, one to be elected in 1956,	461
term to begin January 1, 1957, the second to be elected in 1966,	462
term to begin January 1, 1967, and the third to be elected in	463
1994, term to begin January 1, 1995;	464

In Miami county, two judges, one to be elected in 1954, term	465
to begin February 9, 1955, and one to be elected in 1970, term to	466
begin on January 1, 1971;	467

In Muskingum county, three judges, one to be elected in 1968,	468
term to begin August 9, 1969, one to be elected in 1978, term to	469
begin January 1, 1979, and one to be elected in 2002, term to	470
begin January 2, 2003;	471

In Portage county, three judges, one to be elected in 1956,	472
term to begin January 1, 1957, the second to be elected in 1960,	473
term to begin January 1, 1961, and the third to be elected in	474
1986, term to begin January 2, 1987;	475

In Ross county, two judges, one to be elected in 1956, term	476
to begin February 9, 1957, and the second to be elected in 1976,	477
term to begin January 1, 1977;	478

In Scioto county, three judges, one to be elected in 1954,	479
term to begin February 10, 1955, the second to be elected in 1960,	480
term to begin January 1, 1961, and the third to be elected in	481
1994, term to begin January 2, 1995;	482

In Seneca county, two judges, one to be elected in 1956, term	483
to begin January 1, 1957, and the second to be elected in 1986,	484
term to begin January 2, 1987;	485

In Warren county, four judges, one to be elected in 1954,	486
term to begin February 9, 1955, the second to be elected in 1970,	487
term to begin January 1, 1971, the third to be elected in 1986,	488
term to begin January 1, 1987, and the fourth to be elected in	489
2004, term to begin January 2, 2005;	490

In Washington county, two judges, one to be elected in 1952,	491
term to begin January 1, 1953, and one to be elected in 1986, term	492
to begin January 1, 1987;	493

In Wood county, three judges, one to be elected in 1968, term	494
beginning January 1, 1969, the second to be elected in 1970, term	495
to begin January 2, 1971, and the third to be elected in 1990,	496
term to begin January 1, 1991;	497

In Belmont and Jefferson counties, two judges, to be elected	498
in 1954, terms to begin January 1, 1955, and February 9, 1955,	499
respectively;	500

In Clark county, four judges, one to be elected in 1952, term	501
to begin January 1, 1953, the second to be elected in 1956, term	502
to begin January 2, 1957, the third to be elected in 1986, term to	503
begin January 3, 1987, and the fourth to be elected in 1994, term	504
to begin January 2, 1995.;	505

In Clermont county, five judges, one to be elected in 1956,	506
term to begin January 1, 1957, the second to be elected in 1964,	507
term to begin January 1, 1965, the third to be elected in 1982,	508
term to begin January 2, 1983, the fourth to be elected in 1986,	509
term to begin January 2, 1987;, and the fifth to be elected in	510
2006, term to begin January 3, 2007;	511

In Columbiana county, two judges, one to be elected in 1952,	512
term to begin January 1, 1953, and the second to be elected in	513
1956, term to begin January 1, 1957;	514

In Delaware county, two judges, one to be elected in 1990,	515
term to begin February 9, 1991, the second to be elected in 1994,	516
term to begin January 1, 1995;	517

In Lake county, six judges, one to be elected in 1958, term	518
to begin January 1, 1959, the second to be elected in 1960, term	519
to begin January 2, 1961, the third to be elected in 1964, term to	520
begin January 3, 1965, the fourth and fifth to be elected in 1978,	521
terms to begin January 4, 1979, and January 5, 1979, respectively,	522
and the sixth to be elected in 2000, term to begin January 6,	523
2001;	524

In Licking county, four judges, one to be elected in 1954,	525
term to begin February 9, 1955, one to be elected in 1964, term to	526
begin January 1, 1965, one to be elected in 1990, term to begin	527
January 1, 1991, and one to be elected in 2004, term to begin	528
January 1, 2005;	529

In Lorain county, nine judges, two to be elected in 1952,	530
terms to begin January 1, 1953, and January 2, 1953, respectively,	531
one to be elected in 1958, term to begin January 3, 1959, one to	532
be elected in 1968, term to begin January 1, 1969, two to be	533
elected in 1988, terms to begin January 4, 1989, and January 5,	534
1989, respectively, two to be elected in 1998, terms to begin	535
January 2, 1999, and January 3, 1999, respectively; and one to be	536
elected in 2006, term to begin January 6, 2007;	537

In Butler county, eleven judges, one to be elected in 1956,	538
term to begin January 1, 1957; two to be elected in 1954, terms to	539
begin January 1, 1955, and February 9, 1955, respectively; one to	540
be elected in 1968, term to begin January 2, 1969; one to be	541
elected in 1986, term to begin January 3, 1987; two to be elected	542
in 1988, terms to begin January 1, 1989, and January 2, 1989,	543
respectively; one to be elected in 1992, term to begin January 4,	544
1993; two to be elected in 2002, terms to begin January 2, 2003,	545
and January 3, 2003, respectively; and one to be elected in 2006,	546
term to begin January 3, 2007;	547

In Richland county, four judges, one to be elected in 1956,	548
term to begin January 1, 1957, the second to be elected in 1960,	549
term to begin February 9, 1961, the third to be elected in 1968,	550
term to begin January 2, 1969, and the fourth to be elected in	551
2004, term to begin January 3, 2005;	552

In Tuscarawas county, two judges, one to be elected in 1956,	553
term to begin January 1, 1957, and the second to be elected in	554
1960, term to begin January 2, 1961;	555

In Wayne county, two judges, one to be elected in 1956, term	556
beginning January 1, 1957, and one to be elected in 1968, term to	557
begin January 2, 1969;	558

In Trumbull county, six judges, one to be elected in 1952,	559
term to begin January 1, 1953, the second to be elected in 1954,	560
term to begin January 1, 1955, the third to be elected in 1956,	561
term to begin January 1, 1957, the fourth to be elected in 1964,	562
term to begin January 1, 1965, the fifth to be elected in 1976,	563
term to begin January 2, 1977, and the sixth to be elected in	564
1994, term to begin January 3, 1995;	565

(C) In Cuyahoga county, thirty-nine judges; eight to be	566
elected in 1954, terms to begin on successive days beginning from	567
January 1, 1955, to January 7, 1955, and February 9, 1955,	568
respectively; eight to be elected in 1956, terms to begin on	569
successive days beginning from January 1, 1957, to January 8,	570
1957; three to be elected in 1952, terms to begin from January 1,	571
1953, to January 3, 1953; two to be elected in 1960, terms to	572
begin on January 8, 1961, and January 9, 1961, respectively; two	573
to be elected in 1964, terms to begin January 4, 1965, and January	574
5, 1965, respectively; one to be elected in 1966, term to begin on	575
January 10, 1967; four to be elected in 1968, terms to begin on	576
successive days beginning from January 9, 1969, to January 12,	577
1969; two to be elected in 1974, terms to begin on January 18,	578
1975, and January 19, 1975, respectively; five to be elected in	579
1976, terms to begin on successive days beginning January 6, 1977,	580
to January 10, 1977; two to be elected in 1982, terms to begin	581
January 11, 1983, and January 12, 1983, respectively; and two to	582
be elected in 1986, terms to begin January 13, 1987, and January	583
14, 1987, respectively;	584

In Franklin county, twenty-two judges; two to be elected in	585
1954, terms to begin January 1, 1955, and February 9, 1955,	586
respectively; four to be elected in 1956, terms to begin January	587
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	588
begin January 1, 1959, to January 4, 1959; three to be elected in	589
1968, terms to begin January 5, 1969, to January 7, 1969; three to	590
be elected in 1976, terms to begin on successive days beginning	591
January 5, 1977, to January 7, 1977; one to be elected in 1982,	592
term to begin January 8, 1983; one to be elected in 1986, term to	593
begin January 9, 1987; two to be elected in 1990, terms to begin	594
July 1, 1991, and July 2, 1991, respectively; one to be elected in	595
1996, term to begin January 2, 1997; and one to be elected in	596
2004, term to begin July 1, 2005;	597

In Hamilton county, twenty-one judges; eight to be elected in	598
1966, terms to begin January 1, 1967, January 2, 1967, and from	599
February 9, 1967, to February 14, 1967, respectively; five to be	600
elected in 1956, terms to begin from January 1, 1957, to January	601
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	602
one to be elected in 1974, term to begin January 15, 1975; one to	603
be elected in 1980, term to begin January 16, 1981; two to be	604
elected at large in the general election in 1982, terms to begin	605
April 1, 1983; one to be elected in 1990, term to begin July 1,	606
1991; and two to be elected in 1996, terms to begin January 3,	607
1997, and January 4, 1997, respectively;	608

In Lucas county, fourteen judges; two to be elected in 1954,	609
terms to begin January 1, 1955, and February 9, 1955,	610
respectively; two to be elected in 1956, terms to begin January 1,	611
1957, and October 29, 1957, respectively; two to be elected in	612
1952, terms to begin January 1, 1953, and January 2, 1953,	613
respectively; one to be elected in 1964, term to begin January 3,	614
1965; one to be elected in 1968, term to begin January 4, 1969;	615
two to be elected in 1976, terms to begin January 4, 1977, and	616
January 5, 1977, respectively; one to be elected in 1982, term to	617
begin January 6, 1983; one to be elected in 1988, term to begin	618
January 7, 1989; one to be elected in 1990, term to begin January	619
2, 1991; and one to be elected in 1992, term to begin January 2,	620
1993;	621

In Mahoning county, seven judges; three to be elected in	622
1954, terms to begin January 1, 1955, January 2, 1955, and	623
February 9, 1955, respectively; one to be elected in 1956, term to	624
begin January 1, 1957; one to be elected in 1952, term to begin	625
January 1, 1953; one to be elected in 1968, term to begin January	626
2, 1969; and one to be elected in 1990, term to begin July 1,	627
1991;	628

In Montgomery county, fifteen judges; three to be elected in	629
1954, terms to begin January 1, 1955, January 2, 1955, and January	630
3, 1955, respectively; four to be elected in 1952, terms to begin	631
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	632
respectively; one to be elected in 1964, term to begin January 3,	633
1965; one to be elected in 1968, term to begin January 3, 1969;	634
three to be elected in 1976, terms to begin on successive days	635
beginning January 4, 1977, to January 6, 1977; two to be elected	636
in 1990, terms to begin July 1, 1991, and July 2, 1991,	637
respectively; and one to be elected in 1992, term to begin January	638
1, 1993.;	639

In Stark county, eight judges; one to be elected in 1958,	640
term to begin on January 2, 1959; two to be elected in 1954, terms	641
to begin on January 1, 1955, and February 9, 1955, respectively;	642
two to be elected in 1952, terms to begin January 1, 1953, and	643
April 16, 1953, respectively; one to be elected in 1966, term to	644
begin on January 4, 1967; and two to be elected in 1992, terms to	645
begin January 1, 1993, and January 2, 1993, respectively;	646

In Summit county, thirteen judges; four to be elected in	647
1954, terms to begin January 1, 1955, January 2, 1955, January 3,	648
1955, and February 9, 1955, respectively; three to be elected in	649
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,	650
1959, respectively; one to be elected in 1966, term to begin	651
January 4, 1967; one to be elected in 1968, term to begin January	652
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one	653
to be elected in 1992, term to begin January 6, 1993; and two to	654
be elected in 2008, terms to begin January 5, 2009, and January 6,	655
2009, respectively.	656

Notwithstanding the foregoing provisions, in any county	657
having two or more judges of the court of common pleas, in which	658
more than one-third of the judges plus one were previously elected	659
at the same election, if the office of one of those judges so	660
elected becomes vacant more than ~~fifty-six~~forty days prior to the	661
second general election preceding the expiration of that judge's	662
term, the office that that judge had filled shall be abolished as	663
of the date of the next general election, and a new office of	664
judge of the court of common pleas shall be created. The judge who	665
is to fill that new office shall be elected for a six-year term at	666
the next general election, and the term of that judge shall	667
commence on the first day of the year following that general	668
election, on which day no other judge's term begins, so that the	669
number of judges that the county shall elect shall not be reduced.	670

Judges of the probate division of the court of common pleas	671
are judges of the court of common pleas but shall be elected	672
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	673
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	674
counties in which the judge of the court of common pleas elected	675
pursuant to this section also shall serve as judge of the probate	676
division, except in Lorain county in which the judges of the	677
domestic relations division of the Lorain county court of common	678
pleas elected pursuant to this section also shall perform the	679
duties and functions of the judge of the probate division from	680
February 9, 2009, through September 28, 2009, and except in Morrow	681
county in which the judges of the court of common pleas elected	682
pursuant to this section also shall perform the duties and	683
functions of the judge of the probate division.	684

Sec. 3501.01. As used in the sections of the Revised Code	685
relating to elections and political communications:	686

(A) "General election" means the election held on the first	687
Tuesday after the first Monday in each November.	688

(B) "Regular municipal election" means the election held on	689
the first Tuesday after the first Monday in November in each	690
odd-numbered year.	691

(C) "Regular state election" means the election held on the	692
first Tuesday after the first Monday in November in each	693
even-numbered year.	694

(D) "Special election" means any election other than those	695
elections defined in other divisions of this section. A special	696
election may be held only on the first Tuesday after the first	697
Monday in February, May, August, or November, or on the day	698
authorized by a particular municipal or county charter for the	699
holding of a primary election, except that in any year in which a	700
presidential primary election is held, no special election shall	701
be held in February or May, except as authorized by a municipal or	702
county charter, but may be held on the first Tuesday after the	703
first Monday in March.	704

(E)(1) "Primary" or "primary election" means an election held	705
for the purpose of nominating persons as candidates of political	706
parties for election to offices, and for the purpose of electing	707
persons as members of the controlling committees of political	708
parties and as delegates and alternates to the conventions of	709
political parties. Primary elections shall be held on the first	710
Tuesday after the first Monday in May of each year except in years	711
in which a presidential primary election is held.	712

(2) "Presidential primary election" means a primary election	713
as defined by division (E)(1) of this section at which an election	714
is held for the purpose of choosing delegates and alternates to	715
the national conventions of the major political parties pursuant	716
to section 3513.12 of the Revised Code. Unless otherwise	717
specified, presidential primary elections are included in	718
references to primary elections. In years in which a presidential	719
primary election is held, all primary elections shall be held on	720
the first Tuesday after the first Monday in March except as	721
otherwise authorized by a municipal or county charter.	722

(F) "Political party" means any group of voters meeting the	723
requirements set forth in section 3517.01 of the Revised Code for	724
the formation and existence of a political party.	725

(1) "Major political party" means any political party	726
organized under the laws of this state whose candidate for	727
governor or nominees for presidential electors received no less	728
than twenty per cent of the total vote cast for such office at the	729
most recent regular state election.	730

(2) "Intermediate political party" means any political party	731
organized under the laws of this state whose candidate for	732
governor or nominees for presidential electors received less than	733
twenty per cent but not less than ten per cent of the total vote	734
cast for such office at the most recent regular state election.	735

(3) "Minor political party" means any political party	736
organized under the laws of this state whose candidate for	737
governor or nominees for presidential electors received less than	738
ten per cent but not less than five per cent of the total vote	739
cast for such office at the most recent regular state election or	740
which has filed with the secretary of state, subsequent to any	741
election in which it received less than five per cent of such	742
vote, a petition signed by qualified electors equal in number to	743
at least one per cent of the total vote cast for such office in	744
the last preceding regular state election, except that a newly	745
formed political party shall be known as a minor political party	746
until the time of the first election for governor or president	747
which occurs not less than twelve months subsequent to the	748
formation of such party, after which election the status of such	749
party shall be determined by the vote for the office of governor	750
or president.	751

(G) "Dominant party in a precinct" or "dominant political	752
party in a precinct" means that political party whose candidate	753
for election to the office of governor at the most recent regular	754
state election at which a governor was elected received more votes	755
than any other person received for election to that office in such	756
precinct at such election.	757

(H) "Candidate" means any qualified person certified in	758
accordance with the provisions of the Revised Code for placement	759
on the official ballot of a primary, general, or special election	760
to be held in this state, or any qualified person who claims to be	761
a write-in candidate, or who knowingly assents to being	762
represented as a write-in candidate by another at either a	763
primary, general, or special election to be held in this state.	764

(I) "Independent candidate" means any candidate who claims	765
not to be affiliated with a political party, and whose name has	766
been certified on the office-type ballot at a general or special	767
election through the filing of a statement of candidacy and	768
nominating petition, as prescribed in section 3513.257 of the	769
Revised Code.	770

(J) "Nonpartisan candidate" means any candidate whose name is	771
required, pursuant to section 3505.04 of the Revised Code, to be	772
listed on the nonpartisan ballot, including all candidates for	773
judicial office, for member of any board of education, for	774
municipal or township offices in which primary elections are not	775
held for nominating candidates by political parties, and for	776
offices of municipal corporations having charters that provide for	777
separate ballots for elections for these offices.	778

(K) "Party candidate" means any candidate who claims to be a	779
member of a political party, whose name has been certified on the	780
office-type ballot at a general or special election through the	781
filing of a declaration of candidacy and petition of candidate,	782
and who has won the primary election of the candidate's party for	783
the public office the candidate seeks or is selected by party	784
committee in accordance with section 3513.31 of the Revised Code.	785

(L) "Officer of a political party" includes, but is not	786
limited to, any member, elected or appointed, of a controlling	787
committee, whether representing the territory of the state, a	788
district therein, a county, township, a city, a ward, a precinct,	789
or other territory, of a major, intermediate, or minor political	790
party.	791

(M) "Question or issue" means any question or issue certified	792
in accordance with the Revised Code for placement on an official	793
ballot at a general or special election to be held in this state.	794

(N) "Elector" or "qualified elector" means a person having	795
the qualifications provided by law to be entitled to vote.	796

(O) "Voter" means an elector who votes at an election.

797

(P) "Voting residence" means that place of residence of an	798
elector which shall determine the precinct in which the elector	799
may vote.	800

(Q) "Precinct" means a district within a county established	801
by the board of elections of such county within which all	802
qualified electors having a voting residence therein may vote at	803
the same polling place.	804

(R) "Polling place" means that place provided for each	805
precinct at which the electors having a voting residence in such	806
precinct may vote.	807

(S) "Board" or "board of elections" means the board of	808
elections appointed in a county pursuant to section 3501.06 of the	809
Revised Code.	810

(T) "Political subdivision" means a county, township, city,	811
village, or school district.	812

(U) "Election officer" or "election official" means any of	813
the following:	814

(1) Secretary of state;

815

(2) Employees of the secretary of state serving the division	816
of elections in the capacity of attorney, administrative officer,	817
administrative assistant, elections administrator, office manager,	818
or clerical supervisor;	819

(3) Director of a board of elections;

820

(4) Deputy director of a board of elections;

821

(5) Member of a board of elections;

822

(6) Employees of a board of elections;

823

(7) Precinct ~~polling place judges~~election officials;

824

(8) Employees appointed by the boards of elections on a	825
temporary or part-time basis.	826

(V) "Acknowledgment notice" means a notice sent by a board of	827
elections, on a form prescribed by the secretary of state,	828
informing a voter registration applicant or an applicant who	829
wishes to change the applicant's residence or name of the status	830
of the application; the information necessary to complete or	831
update the application, if any; and if the application is	832
complete, the precinct in which the applicant is to vote.	833

(W) "Confirmation notice" means a notice sent by a board of	834
elections, on a form prescribed by the secretary of state, to a	835
registered elector to confirm the registered elector's current	836
address.	837

(X) "Designated agency" means anboth of the following:

838

(1) An office or agency in the state that provides public	839
assistance or that provides state-funded programs primarily	840
engaged in providing services to persons with disabilities and	841
that is required by the National Voter Registration Act of 1993 to	842
implement a program designed and administered by the secretary of	843
state for registering voters~~, or any~~;	844

(2) Any other public or government office ~~or agency that~~	845
~~implements a program designed and administered by the secretary of~~	846
~~state for registering voters, including the department of job and~~	847
~~family services, the program administered under section 3701.132~~	848
~~of the Revised Code by the department of health, the department of~~	849
~~mental health, the department of developmental disabilities, the~~	850
~~rehabilitation services commission, and any other agency the~~	851
~~secretary of state designates. "Designated~~, or an independent	852
contractor engaged by such an office, to which residents of Ohio	853
who are eligible to register to vote interact with for the purpose	854
of registering, applying, recertifying, renewing, participating,	855
or updating of information pertaining to a certification or	856
license issued by the state or a state government program	857

An independent contractor that was not considered a	858
"designated agency" prior to the effective date of this amendment	859
shall only become a "designated agency" by entering into a new	860
contract after the effective date of this amendment.	861

"Designated agency" does not include public high schools and	862
vocational schools, public libraries, or the office of a county	863
treasurer.	864

(Y) "National Voter Registration Act of 1993" means the	865
"National Voter Registration Act of 1993," 107 Stat. 77, 42	866
U.S.C.A. 1973gg.	867

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	868
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	869

(AA) "Photo identification" means ~~a document that meets each~~	870
~~of the following requirements:~~	871

~~(1) It shows the name of the individual to whom it was~~	872
~~issued, which shall conform to the name in the poll list or~~	873
~~signature pollbook.~~	874

~~(2) It shows the current address of the individual to whom it~~	875
~~was issued, which shall conform to the address in the poll list or~~	876
~~signature pollbook, except for a driver's license or a state~~	877
~~identification card issued under section 4507.50 of the Revised~~	878
~~Code, which may show either the current or former address of the~~	879
~~individual to whom it was issued, regardless of whether that~~	880
~~address conforms to the address in the poll list or signature~~	881
~~pollbook.~~	882

~~(3) It shows a photograph of the individual to whom it was~~	883
~~issued.~~	884

~~(4) It includes an expiration date that has not passed.~~

885

~~(5) It was issued by the government of the United States or~~	886
~~this state~~any document, card, badge, license, or other item that	887
includes the image of the voter and the voter's first and last	888
name that is issued by the United States government, the state of	889
Ohio, or any political subdivision of the state of Ohio. No	890
expiration date, address, or other information is required to be	891
included on the identification. If an address is listed on the	892
identification it is not required to match the voter's	893
registration address.	894

Sec. 3501.02. General elections in the state and its	895
political subdivisions shall be held as follows:	896

(A) For the election of electors of president and	897
vice-president of the United States, in the year of 1932 and every	898
four years thereafter;	899

(B) For the election of a member of the senate of the United	900
States, in the years 1932 and 1934, and every six years after each	901
of such years; except as otherwise provided for filling vacancies;	902

(C) For the election of representatives in the congress of	903
the United States and of elective state and county officers	904
including elected members of the state board of education, in the	905
even-numbered years; except as otherwise provided for filling	906
vacancies;	907

(D) For municipal and township officers, members of boards of	908
education, judges and clerks of municipal courts, in the	909
odd-numbered years;	910

(E)(1) Proposed constitutional amendments or proposed	911
measures submitted ~~by the general assembly or~~ by initiative or	912
referendum petitions to the voters of the state at large may be	913
submitted to the general election in any year occurring at least	914
~~sixty days, in case of a referendum, and ninety~~one hundred	915
twenty-five days~~, in the case of an initiated measure,~~ subsequent	916
to the filing of the petitions therefor. ~~Proposed~~	917

(2) Proposed constitutional amendments submitted by the	918
general assembly to the voters of the state at large may be	919
submitted at a special election or general election in any year	920
occurring at least ninety days after the resolution is filed with	921
the secretary of state. The proposed constitutional amendment may	922
be submitted to the voters at a special election occurring on the	923
day in any year specified by division (E) of section 3501.01 of	924
the Revised Code for the holding of a primary election, ~~when~~if a	925
special election on that date is designated by the general	926
assembly in the resolution adopting the proposed constitutional	927
amendment.	928

No special election shall be held on a day other than the day	929
of a general election, unless a law or charter provides otherwise,	930
regarding the submission of a question or issue to the voters of a	931
county, township, city, village, or school district.	932

(F)(1) Notwithstanding any provision of the Revised Code to	933
the contrary, any question or issue, except a candidacy, to be	934
voted upon at an election shall be certified, for placement upon	935
the ballot, to the board of elections not later than four p.m. of	936
the ninetieth day before the day of the election.	937

(2) Any question or issue that is certified for placement on	938
a ballot on or after ~~the effective date of this amendment~~July 2,	939
2010, shall be certified not later than the ninetieth day before	940
the day of the applicable election, notwithstanding any deadlines	941
appearing in any section of the Revised Code governing the	942
placement of that question or issue on the ballot.	943

Sec. 3501.05. The secretary of state shall do all of the	944
following:	945

(A) Appoint all members of boards of elections;

946

(B) Issue instructions by directives and advisories in	947
accordance with section 3501.053 of the Revised Code to members of	948
the boards as to the proper methods of conducting elections.	949

(C) Prepare rules and instructions for the conduct of	950
elections;	951

(D) Publish and furnish to the boards from time to time a	952
sufficient number of indexed copies of all election laws then in	953
force;	954

(E) Edit and issue all pamphlets concerning proposed laws or	955
amendments required by law to be submitted to the voters;	956

(F) Prescribe the form of registration cards, blanks, and	957
records;	958

(G) Determine and prescribe the forms of ballots and the	959
forms of all blanks, cards of instructions, pollbooks, tally	960
sheets, certificates of election, and forms and blanks required by	961
law for use by candidates, committees, and boards;	962

(H) Prepare the ballot title or statement to be placed on the	963
ballot for any proposed law or amendment to the constitution to be	964
submitted to the voters of the state;	965

(I) Except as otherwise provided in section 3519.08 of the	966
Revised Code, certify to the several boards the forms of ballots	967
and names of candidates for state offices, and the form and	968
wording of state referendum questions and issues, as they shall	969
appear on the ballot;	970

(J) Except as otherwise provided in division (I)(2)(b) of	971
section 3501.38 of the Revised Code, give final approval to ballot	972
language for any local question or issue approved and transmitted	973
by boards of elections under section 3501.11 of the Revised Code;	974

(K) Receive all initiative and referendum petitions on state	975
questions and issues and determine and certify to the sufficiency	976
of those petitions;	977

(L) Require such reports from the several boards as are	978
provided by law, or as the secretary of state considers necessary;	979

(M) Compel the observance by election officers in the several	980
counties of the requirements of the election laws;	981

(N)(1) Except as otherwise provided in division (N)(2) of	982
this section, investigate the administration of election laws,	983
frauds, and irregularities in elections in any county, and report	984
violations of election laws to the attorney general or prosecuting	985
attorney, or both, for prosecution;	986

(2) On and after August 24, 1995, report a failure to comply	987
with or a violation of a provision in sections 3517.08 to 3517.13,	988
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	989
Revised Code, whenever the secretary of state has or should have	990
knowledge of a failure to comply with or a violation of a	991
provision in one of those sections, by filing a complaint with the	992
Ohio elections commission under section 3517.153 of the Revised	993
Code;	994

(O) Make an annual report to the governor containing the	995
results of elections, the cost of elections in the various	996
counties, a tabulation of the votes in the several political	997
subdivisions, and other information and recommendations relative	998
to elections the secretary of state considers desirable;	999

(P) Prescribe and distribute to boards of elections a list of	1000
instructions indicating all legal steps necessary to petition	1001
successfully for local option elections under sections 4301.32 to	1002
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	1003

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	1004
for the removal by boards of elections of ineligible voters from	1005
the statewide voter registration database and, if applicable, from	1006
the poll list or signature pollbook used in each precinct, which	1007
rules shall provide for all of the following:	1008

(1) A process for the removal of voters who have changed	1009
residence, which shall be uniform, nondiscriminatory, and in	1010
compliance with the Voting Rights Act of 1965 and the National	1011
Voter Registration Act of 1993, including a program that uses the	1012
national change of address service provided by the United States	1013
postal system through its licensees;	1014

(2) A process for the removal of ineligible voters under	1015
section 3503.21 of the Revised Code;	1016

(3) A uniform system for marking or removing the name of a	1017
voter who is ineligible to vote from the statewide voter	1018
registration database and, if applicable, from the poll list or	1019
signature pollbook used in each precinct and noting the reason for	1020
that mark or removal.	1021

(R) Prescribe a general program for registering voters or	1022
updating voter registration information, such as name and	1023
residence changes, by boards of elections, designated agencies,	1024
~~offices of deputy registrars of motor vehicles,~~ public high	1025
schools and vocational schools, public libraries, and offices of	1026
county treasurers consistent with the requirements of section	1027
3503.09 of the Revised Code;	1028

(S) Prescribe a program of distribution of voter registration	1029
forms through boards of elections, designated agencies, ~~offices of~~	1030
~~the registrar and deputy registrars of motor vehicles,~~ public high	1031
schools and vocational schools, public libraries, and offices of	1032
county treasurers;	1033

(T) To the extent feasible, provide copies, at no cost and	1034
upon request, of the voter registration form in post offices in	1035
this state;	1036

(U) Adopt rules pursuant to section 111.15 of the Revised	1037
Code for the purpose of implementing the program for registering	1038
voters through boards of elections,and designated agencies~~, and~~	1039
~~the offices of the registrar and deputy registrars of motor~~	1040
~~vehicles~~ consistent with this chapter;	1041

(V) Establish the full-time position of Americans with	1042
Disabilities Act coordinator within the office of the secretary of	1043
state to do all of the following:	1044

(1) Assist the secretary of state with ensuring that there is	1045
equal access to polling places for persons with disabilities;	1046

(2) Assist the secretary of state with ensuring that each	1047
voter may cast the voter's ballot in a manner that provides the	1048
same opportunity for access and participation, including privacy	1049
and independence, as for other voters;	1050

(3) Advise the secretary of state in the development of	1051
standards for the certification of voting machines, marking	1052
devices, and automatic tabulating equipment.	1053

(W) Establish and maintain a computerized statewide database	1054
of all legally registered voters under section 3503.15 of the	1055
Revised Code that complies with the requirements of the "Help	1056
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	1057
and provide training in the operation of that system;	1058

(X) Ensure that all directives, advisories, other	1059
instructions, or decisions issued or made during or as a result of	1060
any conference or teleconference call with a board of elections to	1061
discuss the proper methods and procedures for conducting	1062
elections, to answer questions regarding elections, or to discuss	1063
the interpretation of directives, advisories, or other	1064
instructions issued by the secretary of state are posted on a web	1065
site of the office of the secretary of state as soon as is	1066
practicable after the completion of the conference or	1067
teleconference call, but not later than the close of business on	1068
the same day as the conference or teleconference call takes place.	1069

(Y) Publish a report on a web site of the office of the	1070
secretary of state not later than one month after the completion	1071
of the canvass of the election returns for each primary and	1072
general election, identifying, by county, the number of absent	1073
voter's ballots cast and the number of those ballots that were	1074
counted, and the number of provisional ballots cast and the number	1075
of those ballots that were counted, for that election. The	1076
secretary of state shall maintain the information on the web site	1077
in an archive format for each subsequent election.	1078

(Z) Conduct voter education outlining voter identification,	1079
absent voters ballot, provisional ballot, and other voting	1080
requirements;	1081

(AA) Establish a procedure by which a registered elector may	1082
make available to a board of elections a more recent signature to	1083
be used in the poll list or signature pollbook produced by the	1084
board of elections of the county in which the elector resides;	1085

(BB) Disseminate information, which may include all or part	1086
of the official explanations and arguments, by means of direct	1087
mail or other written publication, broadcast, or other means or	1088
combination of means, as directed by the Ohio ballot board under	1089
division (F) of section 3505.062 of the Revised Code, in order to	1090
inform the voters as fully as possible concerning each proposed	1091
constitutional amendment, proposed law, or referendum;	1092

(CC) Be the single state office responsible for the	1093
implementation of the "Uniformed and Overseas Citizens Absentee	1094
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	1095
et seq., as amended, in this state. The secretary of state may	1096
delegate to the boards of elections responsibilities for the	1097
implementation of that act, including responsibilities arising	1098
from amendments to that act made by the "Military and Overseas	1099
Voter Empowerment Act," Subtitle H of the "National Defense	1100
Authorization Act for Fiscal Year 2010," Pub. L. No. 111-84, 123	1101
Stat. 3190.	1102

(DD) Adopt rules, under Chapter 119. of the Revised Code, to	1103
do all of the following:	1104

(1) Establish circumstances under which the office of the	1105
secretary of state will assume official oversight or control of a	1106
board of elections;	1107

(2) Specify various levels of oversight or control that the	1108
office of secretary of state may impose on a board of elections	1109
under division (DD)(1) of this section; and	1110

(3) Establish a mechanism, timeline, and benchmarks through	1111
which a board of elections may transition out of official	1112
oversight or control of the office of secretary of state.	1113

(EE) Perform other duties required by law.

1114

Whenever a primary election is held under section 3513.32 of	1115
the Revised Code or a special election is held under section	1116
3521.03 of the Revised Code to fill a vacancy in the office of	1117
representative to congress, the secretary of state shall establish	1118
a deadline, notwithstanding any other deadline required under the	1119
Revised Code, by which any or all of the following shall occur:	1120
the filing of a declaration of candidacy and petitions or a	1121
statement of candidacy and nominating petition together with the	1122
applicable filing fee; the filing of protests against the	1123
candidacy of any person filing a declaration of candidacy or	1124
nominating petition; the filing of a declaration of intent to be a	1125
write-in candidate; the filing of campaign finance reports; the	1126
preparation of, and the making of corrections or challenges to,	1127
precinct voter registration lists; the receipt of applications for	1128
absent voter's ballots or ~~armed service~~uniformed services or	1129
overseas absent voter's ballots; the supplying of election	1130
materials to precincts by boards of elections; the holding of	1131
hearings by boards of elections to consider challenges to the	1132
right of a person to appear on a voter registration list; and the	1133
scheduling of programs to instruct or reinstruct election	1134
officers.	1135

In the performance of the secretary of state's duties as the	1136
chief election officer, the secretary of state may administer	1137
oaths, issue subpoenas, summon witnesses, compel the production of	1138
books, papers, records, and other evidence, and fix the time and	1139
place for hearing any matters relating to the administration and	1140
enforcement of the election laws.	1141

In any controversy involving or arising out of the adoption	1142
of registration or the appropriation of funds for registration,	1143
the secretary of state may, through the attorney general, bring an	1144
action in the name of the state in the court of common pleas of	1145
the county where the cause of action arose or in an adjoining	1146
county, to adjudicate the question.	1147

In any action involving the laws in Title XXXV of the Revised	1148
Code wherein the interpretation of those laws is in issue in such	1149
a manner that the result of the action will affect the lawful	1150
duties of the secretary of state or of any board of elections, the	1151
secretary of state may, on the secretary of state's motion, be	1152
made a party.	1153

The secretary of state may apply to any court that is hearing	1154
a case in which the secretary of state is a party, for a change of	1155
venue as a substantive right, and the change of venue shall be	1156
allowed, and the case removed to the court of common pleas of an	1157
adjoining county named in the application or, if there are cases	1158
pending in more than one jurisdiction that involve the same or	1159
similar issues, the court of common pleas of Franklin county.	1160

Public high schools and vocational schools, public libraries,	1161
and the office of a county treasurer shall implement voter	1162
registration programs as directed by the secretary of state	1163
pursuant to this section.	1164

Sec. 3501.051. (A) Notwithstanding any other section of the	1165
Revised Code, the secretary of state may authorize, in one or more	1166
precincts in one or more counties, a program allowing individuals	1167
under the age of eighteen to enter the polling place and vote in a	1168
simulated election held at the same time as a general election.	1169
Any individual working in or supervising at a simulated election	1170
may enter the polling place and remain within it during the entire	1171
period the polls are open.	1172

(B) A program established under division (A) of this section	1173
shall require all of the following:	1174

(1) That the duties imposed on ~~judges of~~precinct election	1175
officials and peace officers under section 3501.33 of the Revised	1176
Code be performed by those ~~judges~~officials and officers in regard	1177
to simulated elections and all activities related to simulated	1178
elections;	1179

(2) That volunteers provide the personnel necessary to	1180
conduct the simulated election, except that employees of the	1181
secretary of state, employees or members of boards of elections,	1182
and precinct election officials may aid in operating the program	1183
to the extent permitted by the secretary of state;	1184

(3) That individuals under the age of fourteen be accompanied	1185
to the simulated election by an individual eighteen years of age	1186
or over;	1187

(4) Any other requirements the secretary of state considers	1188
necessary for the orderly administration of the election process.	1189

Sec. 3501.053. (A) The secretary of state may issue	1190
instructions as to the proper method of conducting elections to	1191
members of the boards of elections by permanent or temporary	1192
directives.	1193

(1) The secretary of state shall establish a process to allow	1194
public review and public comment of proposed directives. Prior to	1195
issuing any permanent directive, the secretary of state shall	1196
provide reasonable notice of the issuance of the directive and	1197
allow a reasonable amount of time for public review and public	1198
comment of the proposed directive under this division. A permanent	1199
directive that is issued without the opportunity for public review	1200
and public comment under this division shall not be enforceable as	1201
provided in division (X) of section 3501.05 and divisions (E),	1202
(P), (U), and (AA) of section 3501.11 of the Revised Code.	1203

No permanent directive shall be issued during the period	1204
beginning ~~ninety~~sixty days prior to the day of an election and	1205
ending on the fortieth day following the day of that election.	1206

(2) Temporary directives shall only be issued, and shall only	1207
have effect, during the period beginning ~~ninety~~sixty days prior	1208
to the day of an election and ending on the fortieth day following	1209
the day of that election. Temporary directives shall not be	1210
subject to public review and public comment under division (A)(1)	1211
of this section. Each temporary directive shall include, in its	1212
heading, the designation of "TEMPORARY" and shall specify on its	1213
face the date of its expiration.	1214

A temporary directive shall not become a permanent directive	1215
unless the temporary directive is proposed as a permanent	1216
directive and subject to public review and public comment under	1217
division (A)(1) of this section.	1218

If the situation prompting the establishment of a temporary	1219
directive appears likely to recur, the secretary of state shall	1220
establish a permanent directive addressing the situation.	1221

(B) In addition to any other publication of directives and	1222
advisories issued by the secretary of state, the secretary of	1223
state shall publish those directives and advisories on a web site	1224
of the office of the secretary of state as soon as is practicable	1225
after they are issued, but not later than the close of business on	1226
the same day as a directive or advisory is issued. The secretary	1227
of state shall not remove from the web site any directives and	1228
advisories so posted. The secretary of state shall provide on that	1229
web site access to all directives and advisories currently in	1230
effect and maintain an archive of all directives and advisories	1231
previously published on that web site.	1232

Each directive that has expired shall be identified as being	1233
expired on the secretary of state's web site. Any forms,	1234
appendices, or additional information attached to an expired	1235
temporary directive shall be removed from all locations on the	1236
secretary of state's web site except for the archive of previously	1237
published directives.	1238

Sec. 3501.10. (A) The board of elections shall, as an	1239
expense of the board, provide suitable rooms for its offices and	1240
records and the necessary and proper furniture and supplies for	1241
those rooms. The board may lease such offices and rooms, necessary	1242
to its operation, for the length of time and upon the terms the	1243
board deems in the best interests of the public, provided that the	1244
term of any such lease shall not exceed fifteen years.	1245

Thirty days prior to entering into such a lease, the board	1246
shall notify the board of county commissioners in writing of its	1247
intent to enter into the lease. The notice shall specify the terms	1248
and conditions of the lease. Prior to the thirtieth day after	1249
receiving that notice and before any lease is entered into, the	1250
board of county commissioners may reject the proposed lease by a	1251
majority vote. After receiving written notification of the	1252
rejection by the board of county commissioners, the board of	1253
elections shall not enter into the lease that was rejected, but	1254
may immediately enter into additional lease negotiations, subject	1255
to the requirements of this section.	1256

The board of elections in any county may, by resolution,	1257
request that the board of county commissioners submit to the	1258
electors of the county, in accordance with section 133.18 of the	1259
Revised Code, the question of issuing bonds for the acquisition of	1260
real estate and the construction on it of a suitable building with	1261
necessary furniture and equipment for the proper administration of	1262
the duties of the board of elections. The resolution declaring the	1263
necessity for issuing such bonds shall relate only to the	1264
acquisition of real estate and to the construction, furnishing,	1265
and equipping of a building as provided in this division.	1266

(B) The board of elections in each county shall keep its	1267
offices, or one or more of its branch registration offices, open	1268
for the performance of its duties until nine p.m. on the last day	1269
of registration before a general or primary election. At all other	1270
times during each week, the board shall keep its offices and rooms	1271
open for a period of time that the board considers necessary for	1272
the performance of its duties.	1273

(C) The board of elections may maintain permanent or	1274
temporary branch offices at any place within the county~~, provided~~	1275
~~that, if the~~. A board of elections ~~permits~~may permit electors to	1276
vote at ~~a branch office, electors shall not be permitted to vote~~	1277
~~at any other branch office or any other office~~one or more offices	1278
or branch offices of the board of elections. The board of	1279
elections of any county with a population, as determined by the	1280
most recent federal decennial census, larger than twice the mean	1281
population of a county in this state shall have at least two	1282
locations at which electors may cast absent voter's ballots in	1283
person before the day of an election conducted in an even-numbered	1284
year as provided in section 3509.01 of the Revised Code. The board	1285
of elections of such a county shall determine the locations for	1286
casting absent voter's ballots in person by majority vote.	1287

Any county that maintains more than one location at which	1288
electors may cast absent voter's ballots in person before the day	1289
of an election shall employ, at each such location, technology	1290
necessary to provide live updates to the statewide voter	1291
registration database to indicate which electors have cast ballots	1292
for that election.	1293

Sec. 3501.11. Each board of elections shall exercise by a	1294
majority vote all powers granted to the board by Title XXXV of the	1295
Revised Code, shall perform all the duties imposed by law, and	1296
shall do all of the following:	1297

(A) Establish, define, provide, rearrange, and combine	1298
election precincts;	1299

(B) Fix and provide the places for registration and for	1300
holding primaries and elections;	1301

(C) Provide for the purchase, preservation, and maintenance	1302
of booths, ballot boxes, books, maps, flags, blanks, cards of	1303
instructions, and other forms, papers, and equipment used in	1304
registration, nominations, and elections;	1305

(D) Appoint and remove its director, deputy director, and	1306
employees and all registrars, ~~judges~~precinct election officials,	1307
and other officers of elections, fill vacancies, and designate the	1308
ward or district and precinct in which each shall serve;	1309

(E) Make and issue rules and instructions, not inconsistent	1310
with law or the rules, directives, or advisories issued by the	1311
secretary of state, as it considers necessary for the guidance of	1312
election officers and voters;	1313

(F) Advertise and contract for the printing of all ballots	1314
and other supplies used in registrations and elections;	1315

(G) Provide for the issuance of all notices, advertisements,	1316
and publications concerning elections, except as otherwise	1317
provided in division (G) of section 3501.17 and divisions (F) and	1318
(G) of section 3505.062 of the Revised Code;	1319

(H) Provide for the delivery of ballots, pollbooks, and other	1320
required papers and material to the polling places;	1321

(I) Cause the polling places to be suitably provided with	1322
voting machines, marking devices, automatic tabulating equipment,	1323
stalls, and other required supplies. In fulfilling this duty, each	1324
board of a county that uses voting machines, marking devices, or	1325
automatic tabulating equipment shall conduct a full vote of the	1326
board during a public session of the board on the allocation and	1327
distribution of voting machines, marking devices, and automatic	1328
tabulating equipment for each precinct in the county.	1329

(J) Investigate irregularities, nonperformance of duties, or	1330
violations of Title XXXV of the Revised Code by election officers	1331
and other persons; administer oaths, issue subpoenas, summon	1332
witnesses, and compel the production of books, papers, records,	1333
and other evidence in connection with any such investigation; and	1334
report the facts to the prosecuting attorney or the secretary of	1335
state;	1336

(K) Review, examine, and certify the sufficiency and validity	1337
of petitions and nomination papers, and, after certification,	1338
return to the secretary of state all petitions and nomination	1339
papers that the secretary of state forwarded to the board;	1340

(L) Receive the returns of elections, canvass the returns,	1341
make abstracts of them, and transmit those abstracts to the proper	1342
authorities;	1343

(M) Issue certificates of election on forms to be prescribed	1344
by the secretary of state;	1345

(N) Make an annual report to the secretary of state, on the	1346
form prescribed by the secretary of state, containing a statement	1347
of the number of voters registered, elections held, votes cast,	1348
appropriations received, expenditures made, and other data	1349
required by the secretary of state;	1350

(O) Prepare and submit to the proper appropriating officer a	1351
budget estimating the cost of elections for the ensuing fiscal	1352
year;	1353

(P) Perform other duties as prescribed by law or the rules,	1354
directives, or advisories of the secretary of state;	1355

(Q) Investigate and determine the residence qualifications of	1356
electors;	1357

(R) Administer oaths in matters pertaining to the	1358
administration of the election laws;	1359

(S) Prepare and submit to the secretary of state, whenever	1360
the secretary of state requires, a report containing the names and	1361
residence addresses of all incumbent county, municipal, township,	1362
and board of education officials serving in their respective	1363
counties;	1364

(T) Establish and maintain a voter registration database of	1365
all qualified electors in the county who offer to register;	1366

(U) Maintain voter registration records, make reports	1367
concerning voter registration as required by the secretary of	1368
state, and remove ineligible electors from voter registration	1369
lists in accordance with law and directives of the secretary of	1370
state;	1371

(V) Give approval to ballot language for any local question	1372
or issue and transmit the language to the secretary of state for	1373
the secretary of state's final approval;	1374

(W) Prepare and cause the following notice to be displayed in	1375
a prominent location in every polling place:	1376

"NOTICE	1377

Ohio law prohibits any person from voting or attempting to	1378
vote more than once at the same election.	1379

Violators are guilty of a felony of the fourth degree and	1380
shall be imprisoned and additionally may be fined in accordance	1381
with law."	1382

(X) In all cases of a tie vote or a disagreement in the	1383
board, if no decision can be arrived at, the director or	1384
chairperson shall submit the matter in controversy, not later than	1385
fourteen days after the tie vote or the disagreement, to the	1386
secretary of state, who shall summarily decide the question, and	1387
the secretary of state's decision shall be final.	1388

(Y) Assist each designated agency, ~~deputy registrar of motor~~	1389
~~vehicles,~~ public high school and vocational school, public	1390
library, and office of a county treasurer in the implementation of	1391
a program for registering voters at all voter registration	1392
locations as prescribed by the secretary of state. Under this	1393
program, each board of elections shall direct to the appropriate	1394
board of elections any voter registration applications for persons	1395
residing outside the county where the board is located within five	1396
days after receiving the applications.	1397

(Z) On any day on which an elector may vote in person at the	1398
office of the board or at another site designated by the board,	1399
consider the board or other designated site a polling place for	1400
that day. All requirements or prohibitions of law that apply to a	1401
polling place shall apply to the office of the board or other	1402
designated site on that day.	1403

(AA) Perform any duties with respect to voter registration	1404
and voting by uniformed services and overseas voters that are	1405
delegated to the board by law or by the rules, directives, or	1406
advisories of the secretary of state.	1407

Sec. 3501.13. (A) The director of the board of elections	1408
shall keep a full and true record of the proceedings of the board	1409
and of all moneys received and expended; file and preserve in the	1410
board's office all orders and records pertaining to the	1411
administration of registrations, primaries, and elections; receive	1412
and have the custody of all books, papers, and property belonging	1413
to the board; and perform other duties in connection with the	1414
office of director and the proper conduct of elections as the	1415
board determines.	1416

(B) Before entering upon the duties of the office, the	1417
director shall subscribe to an oath that the director will support	1418
the Constitution of the United States and the Ohio Constitution,	1419
perform all the duties of the office to the best of the director's	1420
ability, enforce the election laws, and preserve all records,	1421
documents, and other property pertaining to the conduct of	1422
elections placed in the director's custody.	1423

(C) The director may administer oaths to persons required by	1424
law to file certificates or other papers with the board, to ~~judges~~	1425
~~of elections~~precinct election officials, to witnesses who are	1426
called to testify before the board, and to voters filling out	1427
blanks at the board's offices. Except as otherwise provided by	1428
state or federal law, the records of the board and papers and	1429
books filed in its office are public records and open to	1430
inspection under such reasonable regulations as shall be	1431
established by the board. The following notice shall be posted in	1432
a prominent place at each board office:	1433

"Except as otherwise provided by state or federal law,	1434
records filed in this office of the board of elections are open to	1435
public inspection during normal office hours, pursuant to the	1436
following reasonable regulations: (the board shall here list its	1437
regulations). Whoever prohibits any person from inspecting the	1438
public records of this board is subject to the penalties of	1439
section 3599.161 of the Revised Code."	1440

(D) Upon receipt of a written declaration of intent to retire	1441
as provided for in section 145.38 of the Revised Code, the	1442
director shall provide a copy to each member of the board of	1443
elections.	1444

Sec. 3501.17. (A) The expenses of the board of elections	1445
shall be paid from the county treasury, in pursuance of	1446
appropriations by the board of county commissioners, in the same	1447
manner as other county expenses are paid. If the board of county	1448
commissioners fails to appropriate an amount sufficient to provide	1449
for the necessary and proper expenses of the board of elections	1450
pertaining to the conduct of elections, the board of elections may	1451
apply to the court of common pleas within the county, which shall	1452
fix the amount necessary to be appropriated and the amount shall	1453
be appropriated. Payments shall be made upon vouchers of the board	1454
of elections certified to by its chairperson or acting chairperson	1455
and the director or deputy director, upon warrants of the county	1456
auditor.	1457

The board of elections shall not incur any obligation	1458
involving the expenditure of money unless there are moneys	1459
sufficient in the funds appropriated therefor to meet the	1460
obligation. If the board of elections requests a transfer of funds	1461
from one of its appropriation items to another, the board of	1462
county commissioners shall adopt a resolution providing for the	1463
transfer except as otherwise provided in section 5705.40 of the	1464
Revised Code. The expenses of the board of elections shall be	1465
apportioned among the county and the various subdivisions as	1466
provided in this section, and the amount chargeable to each	1467
subdivision shall be paid as provided in division (J) of this	1468
section or withheld by the county auditor from the moneys payable	1469
thereto at the time of the next tax settlement. At the time of	1470
submitting budget estimates in each year, the board of elections	1471
shall submit to the taxing authority of each subdivision, upon the	1472
request of the subdivision, an estimate of the amount to be paid	1473
or withheld from the subdivision during the current or next fiscal	1474
year.	1475

A board of township trustees may, by resolution, request that	1476
the county auditor withhold expenses charged to the township from	1477
a specified township fund that is to be credited with revenue at a	1478
tax settlement. The resolution shall specify the tax levy ballot	1479
issue, the date of the election on the levy issue, and the	1480
township fund from which the expenses the board of elections	1481
incurs related to that ballot issue shall be withheld.	1482

(B) Except as otherwise provided in division (F) of this	1483
section, the compensation of the members of the board of elections	1484
and of the director, deputy director, and regular employees in the	1485
board's offices, other than compensation for overtime worked; the	1486
expenditures for the rental, furnishing, and equipping of the	1487
office of the board and for the necessary office supplies for the	1488
use of the board; the expenditures for the acquisition, repair,	1489
care, and custody of the polling places, booths, guardrails, and	1490
other equipment for polling places; the cost of tally sheets,	1491
maps, flags, ballot boxes, and all other permanent records and	1492
equipment; the cost of all elections held in and for the state and	1493
county; and all other expenses of the board which are not	1494
chargeable to a political subdivision in accordance with this	1495
section shall be paid in the same manner as other county expenses	1496
are paid.	1497

(C) The compensation of ~~judges of elections~~precinct election	1498
officials and intermittent employees in the board's offices; the	1499
cost of renting, moving, heating, and lighting polling places and	1500
of placing and removing ballot boxes and other fixtures and	1501
equipment thereof, including voting machines, marking devices, and	1502
automatic tabulating equipment; the cost of printing and	1503
delivering ballots, cards of instructions, registration lists	1504
required under section 3503.23 of the Revised Code, and other	1505
election supplies, including the supplies required to comply with	1506
division (H) of section 3506.01 of the Revised Code; the cost of	1507
contractors engaged by the board to prepare, program, test, and	1508
operate voting machines, marking devices, and automatic tabulating	1509
equipment; and all other expenses of conducting primaries and	1510
elections in the odd-numbered years shall be charged to the	1511
subdivisions in and for which such primaries or elections are	1512
held. The charge for each primary or general election in	1513
odd-numbered years for each subdivision shall be determined in the	1514
following manner: first, the total cost of all chargeable items	1515
used in conducting such elections shall be ascertained; second,	1516
the total charge shall be divided by the number of precincts	1517
participating in such election, in order to fix the cost per	1518
precinct; third, the cost per precinct shall be prorated by the	1519
board of elections to the subdivisions conducting elections for	1520
the nomination or election of offices in such precinct; fourth,	1521
the total cost for each subdivision shall be determined by adding	1522
the charges prorated to it in each precinct within the	1523
subdivision.	1524

(D) The entire cost of special elections held on a day other	1525
than the day of a primary or general election, both in	1526
odd-numbered or in even-numbered years, shall be charged to the	1527
subdivision. Where a special election is held on the same day as a	1528
primary or general election in an even-numbered year, the	1529
subdivision submitting the special election shall be charged only	1530
for the cost of ballots and advertising. Where a special election	1531
is held on the same day as a primary or general election in an	1532
odd-numbered year, the subdivision submitting the special election	1533
shall be charged for the cost of ballots and advertising for such	1534
special election, in addition to the charges prorated to such	1535
subdivision for the election or nomination of candidates in each	1536
precinct within the subdivision, as set forth in the preceding	1537
paragraph.	1538

(E) Where a special election is held on the day specified by	1539
division (E) of section 3501.01 of the Revised Code for the	1540
holding of a primary election, for the purpose of submitting to	1541
the voters of the state constitutional amendments proposed by the	1542
general assembly, and a subdivision conducts a special election on	1543
the same day, the entire cost of the special election shall be	1544
divided proportionally between the state and the subdivision based	1545
upon a ratio determined by the number of issues placed on the	1546
ballot by each, except as otherwise provided in division (G) of	1547
this section. Such proportional division of cost shall be made	1548
only to the extent funds are available for such purpose from	1549
amounts appropriated by the general assembly to the secretary of	1550
state. If a primary election is also being conducted in the	1551
subdivision, the costs shall be apportioned as otherwise provided	1552
in this section.	1553

(F) When a precinct is open during a general, primary, or	1554
special election solely for the purpose of submitting to the	1555
voters a statewide ballot issue, the state shall bear the entire	1556
cost of the election in that precinct and shall reimburse the	1557
county for all expenses incurred in opening the precinct.	1558

(G)(1) The state shall bear the entire cost of advertising in	1559
newspapers statewide ballot issues, explanations of those issues,	1560
and arguments for or against those issues, as required by Section	1561
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	1562
and any other section of law. Appropriations made to the	1563
controlling board shall be used to reimburse the secretary of	1564
state for all expenses the secretary of state incurs for such	1565
advertising under division (G) of section 3505.062 of the Revised	1566
Code.	1567

(2) There is hereby created in the state treasury the	1568
statewide ballot advertising fund. The fund shall receive	1569
transfers approved by the controlling board, and shall be used by	1570
the secretary of state to pay the costs of advertising state	1571
ballot issues as required under division (G)(1) of this section.	1572
Any such transfers may be requested from and approved by the	1573
controlling board prior to placing the advertising, in order to	1574
facilitate timely provision of the required advertising.	1575

(H) The cost of renting, heating, and lighting registration	1576
places; the cost of the necessary books, forms, and supplies for	1577
the conduct of registration; and the cost of printing and posting	1578
precinct registration lists shall be charged to the subdivision in	1579
which such registration is held.	1580

(I) At the request of a majority of the members of the board	1581
of elections, the board of county commissioners may, by	1582
resolution, establish an elections revenue fund. Except as	1583
otherwise provided in this division, the purpose of the fund shall	1584
be to accumulate revenue withheld by or paid to the county under	1585
this section for the payment of any expense related to the duties	1586
of the board of elections specified in section 3501.11 of the	1587
Revised Code, upon approval of a majority of the members of the	1588
board of elections. The fund shall not accumulate any revenue	1589
withheld by or paid to the county under this section for the	1590
compensation of the members of the board of elections or of the	1591
director, deputy director, or other regular employees in the	1592
board's offices, other than compensation for overtime worked.	1593

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	1594
Revised Code, the board of county commissioners may, by	1595
resolution, transfer money to the elections revenue fund from any	1596
other fund of the political subdivision from which such payments	1597
lawfully may be made. Following an affirmative vote of a majority	1598
of the members of the board of elections, the board of county	1599
commissioners may, by resolution, rescind an elections revenue	1600
fund established under this division. If an elections revenue fund	1601
is rescinded, money that has accumulated in the fund shall be	1602
transferred to the county general fund.	1603

(J)(1) Not less than fifteen business days before the	1604
deadline for submitting a question or issue for placement on the	1605
ballot at a special election, the board of elections shall prepare	1606
and file with the board of county commissioners and the office of	1607
the secretary of state the estimated cost, based on the factors	1608
enumerated in this section, for preparing for and conducting an	1609
election on one question or issue, one nomination for office, or	1610
one election to office in each precinct in the county at that	1611
special election and shall divide that cost by the number of	1612
registered voters in the county.	1613

(2) The board of elections shall provide to a political	1614
subdivision seeking to submit a question or issue, a nomination	1615
for office, or an election to office for placement on the ballot	1616
at a special election with the estimated cost for preparing for	1617
and conducting that election, which shall be calculated either by	1618
multiplying the number of registered voters in the political	1619
subdivision with the cost calculated under division (J)(1) of this	1620
section or by multiplying the cost per precinct with the number or	1621
precincts in the political subdivision. A political subdivision	1622
submitting a question or issue, a nomination for office, or an	1623
election to office for placement on the ballot at that special	1624
election shall pay to the county elections revenue fund sixty-five	1625
per cent of the estimated cost of the election not less than ten	1626
business days after the deadline for submitting a question or	1627
issue for placement on the ballot for that special election.	1628

(3) Not later than sixty days after the date of a special	1629
election, the board of elections shall provide to each political	1630
subdivision the true and accurate cost for the question or issue,	1631
nomination for office, or election to office that the subdivision	1632
submitted to the voters on the special election ballots. If the	1633
board of elections determines that a subdivision paid less for the	1634
cost of preparing and conducting a special election under division	1635
(J)(2) of this section than the actual cost calculated under this	1636
division, the subdivision shall remit to the county elections	1637
revenue fund the difference between the payment made under	1638
division (J)(2) of this section and the final cost calculated	1639
under this division within thirty days after being notified of the	1640
final cost. If the board of elections determines that a	1641
subdivision paid more for the cost of preparing and conducting a	1642
special election under division (J)(2) of this section than the	1643
actual cost calculated under this division, the board of elections	1644
promptly shall notify the board of county commissioners of that	1645
difference. The board of county commissioners shall remit from the	1646
county elections revenue fund to the political subdivision the	1647
difference between the payment made under division (J)(2) of this	1648
section and the final cost calculated under this division within	1649
thirty days after receiving that notification.	1650

(K) As used in this section:

1651

(1) "Political subdivision" and "subdivision" mean any board	1652
of county commissioners, board of township trustees, legislative	1653
authority of a municipal corporation, board of education, or any	1654
other board, commission, district, or authority that is empowered	1655
to levy taxes or permitted to receive the proceeds of a tax levy,	1656
regardless of whether the entity receives tax settlement moneys as	1657
described in division (A) of this section;	1658

(2) "Statewide ballot issue" means any ballot issue, whether	1659
proposed by the general assembly or by initiative or referendum,	1660
that is submitted to the voters throughout the state.	1661

Sec. 3501.18. (A) The board of elections may divide a	1662
political subdivision within its jurisdiction into precincts,	1663
establish, define, divide, rearrange, and combine the several	1664
election precincts within its jurisdiction, and change the	1665
location of the polling place for each precinct when it is	1666
necessary to maintain the requirements as to the number of voters	1667
in a precinct and to provide for the convenience of the voters and	1668
the proper conduct of elections. No change in the number of	1669
precincts or in precinct boundaries shall be made during the	1670
twenty-five days immediately preceding a primary or general	1671
election or between the first day of January and the day on which	1672
the members of county central committees are elected in the years	1673
in which those committees are elected. ~~Except as otherwise~~	1674
~~provided in division (C) of this section, each~~Each precinct shall	1675
contain a number of electors, not to exceed one thousand four	1676
hundred, that the board of elections determines to be a reasonable	1677
number after taking into consideration the type and amount of	1678
available equipment, prior voter turnout, the size and location of	1679
each selected polling place, available parking, availability of an	1680
adequate number of poll workers, and handicap accessibility and	1681
other accessibility to the polling place.	1682

If the board changes the boundaries of a precinct after the	1683
filing of a local option election petition pursuant to sections	1684
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that	1685
calls for a local option election to be held in that precinct, the	1686
local option election shall be held in the area that constituted	1687
the precinct at the time the local option petition was filed,	1688
regardless of the change in the boundaries.	1689

If the board changes the boundaries of a precinct in order to	1690
meet the requirements of division (B)(1) of this section in a	1691
manner that causes a member of a county central committee to no	1692
longer qualify as a representative of an election precinct in the	1693
county, of a ward of a city in the county, or of a township in the	1694
county, the member shall continue to represent the precinct, ward,	1695
or township for the remainder of the member's term, regardless of	1696
the change in boundaries.	1697

In an emergency, the board may provide more than one polling	1698
place in a precinct. In order to provide for the convenience of	1699
the voters, the board may locate polling places for voting or	1700
registration outside the boundaries of precincts, provided that	1701
the nearest public school or public building shall be used if the	1702
board determines it to be available and suitable for use as a	1703
polling place. Except in an emergency, no change in the number or	1704
location of the polling places in a precinct shall be made during	1705
the twenty-five days immediately preceding a primary or general	1706
election.	1707

Electors who have failed to respond within thirty days to any	1708
confirmation notice shall not be counted in determining the size	1709
of any precinct under this section.	1710

(B)(1) Except as otherwise provided in division (B)(2) of	1711
this section, a board of elections shall determine all precinct	1712
boundaries using geographical units used by the United States	1713
department of commerce, bureau of the census, in reporting the	1714
decennial census of Ohio.	1715

(2) The board of elections may apply to the secretary of	1716
state for a waiver from the requirement of division (B)(1) of this	1717
section when it is not feasible to comply with that requirement	1718
because of unusual physical boundaries or residential development	1719
practices that would cause unusual hardship for voters. The board	1720
shall identify the affected precincts and census units, explain	1721
the reason for the waiver request, and include a map illustrating	1722
where the census units will be split because of the requested	1723
waiver. If the secretary of state approves the waiver and so	1724
notifies the board of elections in writing, the board may change a	1725
precinct boundary as necessary under this section, notwithstanding	1726
the requirement in division (B)(1) of this section.	1727

~~(C) The board of elections may apply to the secretary of~~	1728
~~state for a waiver from the requirement of division (A) of this~~	1729
~~section regarding the number of electors in a precinct when the~~	1730
~~use of geographical units used by the United States department of~~	1731
~~commerce, bureau of the census, will cause a precinct to contain~~	1732
~~more than one thousand four hundred electors. The board shall~~	1733
~~identify the affected precincts and census units, explain the~~	1734
~~reason for the waiver request, and include a map illustrating~~	1735
~~where census units will be split because of the requested waiver.~~	1736
~~If the secretary of state approves the waiver and so notifies the~~	1737
~~board of elections in writing, the board may change a precinct~~	1738
~~boundary as necessary to meet the requirements of division (B)(1)~~	1739
~~of this section.~~	1740

Sec. 3501.20. ~~The~~Subject to the precinct population	1741
requirements established in division (A) of section 3501.18 of the	1742
Revised Code, the lands used for a state or national home for	1743
disabled soldiers shall constitute a separate election precinct,	1744
and, if necessary, may be divided and rearranged within such	1745
limits as other precincts are arranged and divided.	1746

Sec. 3501.22. (A) On(1) Except as otherwise provided in	1747
division (A)(2) of this section, on or before the fifteenth day of	1748
September in each year, the board of elections by a majority vote	1749
shall, after careful examination and investigation as to their	1750
qualifications, appoint for each election precinct ~~four~~ residents	1751
of the county in which the precinct is located, as ~~judges~~precinct	1752
election officials. The number of precinct election officials	1753
appointed for each precinct shall be determined as follows:	1754

(a) For a general election in an even-numbered year, a	1755
minimum of six precinct election officials shall be appointed for	1756
any precinct with a population of one thousand or fewer electors;	1757

(b) For a general election in an even-numbered year, a	1758
minimum of eight precinct election officials shall be appointed	1759
for any precinct with a population of more than one thousand	1760
electors;	1761

(c) For all primary elections, special elections, and general	1762
elections in an odd-numbered year, a minimum of four precinct	1763
election officials shall be appointed for each precinct. Except as	1764
otherwise provided in division (C) of this section, all ~~judges of~~	1765
precinct election officials shall be qualified electors. The	1766
~~judges~~precinct election officials shall constitute the election	1767
officers of the precinct. Not more than one-half of the total	1768
number of ~~judges~~precinct election officials shall be members of	1769
the same political party. The term of such precinct officers shall	1770
be for one year. The board may, at any time, designate any number	1771
of election officers, not more than one-half of whom shall be	1772
members of the same political party, to perform their duties at	1773
any precinct in any election. The board may appoint additional	1774
officials, equally divided between the two major political	1775
parties, when necessary to expedite voting.	1776

Vacancies for unexpired terms shall be filled by the board.	1777
When new precincts have been created, the board shall appoint	1778
~~judges~~precinct election officials for those precincts for the	1779
unexpired term. Any ~~judge~~precinct election official may be	1780
summarily removed from office at any time by the board for neglect	1781
of duty, malfeasance, or misconduct in office or for any other	1782
good and sufficient reason.	1783

Precinct election officials shall perform all of the duties	1784
provided by law for receiving the ballots and supplies, opening	1785
and closing the polls, and overseeing the casting of ballots	1786
during the time the polls are open, and any other duties required	1787
by section 3501.26 of the Revised Code.	1788

A board of elections may designate two precinct election	1789
officials as counting officials to count and tally the votes cast	1790
and certify the results of the election at each precinct, and	1791
perform other duties as provided by law. To expedite the counting	1792
of votes at each precinct, the board may appoint additional	1793
officials, not more than one-half of whom shall be members of the	1794
same political party.	1795

The board shall designate one of the precinct election	1796
officials ~~who is a member of the dominant political party~~ to serve	1797
as a ~~presiding judge, whose~~voting location manager. The voting	1798
location manager shall be a member of the political party whose	1799
candidate received the highest number of votes for governor in the	1800
precincts whose polling places are located at the applicable	1801
voting location, when tallying the combined vote for governor for	1802
all such precincts. It is the duty ~~it is~~of the voting location	1803
manager to deliver the returns of the election and all supplies to	1804
the office of the board. For these services, the ~~presiding judge~~	1805
voting location manager shall receive additional compensation in	1806
an amount, consistent with section 3501.28 of the Revised Code,	1807
determined by the board of elections.	1808

The board shall issue to each precinct election official a	1809
certificate of appointment, which the official shall present to	1810
the ~~presiding judge~~voting location manager at the time the polls	1811
are opened.	1812

(2) If the board of elections, by majority vote, opts to use	1813
multiple precinct polling locations in lieu of any or all	1814
individual precinct polling locations, the board may appoint	1815
precinct election officials for the multiple precinct polling	1816
locations as follows:	1817

(a) For the first precinct combined in a multiple precinct	1818
polling location, the board shall appoint the number of precinct	1819
election officials required by division (A)(1) of this section,	1820
not more than one-half of whom shall be members of the same	1821
political party;	1822

(b) For each additional precinct combined in a multiple	1823
precinct polling location for a general election in an	1824
even-numbered year, the board shall appoint at least four	1825
additional precinct election officials in even-numbered	1826
increments, not more than half of whom shall be members of the	1827
same political party;	1828

(c) For each additional precinct combined in a multiple	1829
precinct polling location for a primary election, special	1830
election, or a general election in an odd-numbered year, the board	1831
shall appoint at least two additional precinct election officials	1832
in even-numbered increments, not more than half of whom shall be	1833
members of the same political party.	1834

(d) The board shall designate one of the precinct election	1835
officials appointed under division (A)(2)(a), (b), or (c) of this	1836
section who is a member of the political party whose candidate for	1837
governor received the highest number of votes in the most recent	1838
general election for that office in the precincts combined in the	1839
multiple precinct polling location as the single voting location	1840
manager for the multiple precinct polling location.	1841

(B) If the board of elections determines that not enough	1842
qualified electors in a precinct are available to serve as	1843
precinct officers, it may appoint persons to serve as precinct	1844
officers at a primary, special, or general election who are at	1845
least seventeen years of age and are registered to vote in	1846
accordance with section 3503.07 of the Revised Code.	1847

(C)(1) A board of elections, in conjunction with the board of	1848
education of a city, local, or exempted village school district,	1849
the governing authority of a community school established under	1850
Chapter 3314. of the Revised Code, or the chief administrator of a	1851
nonpublic school may establish a program permitting certain high	1852
school students to apply and, if appointed by the board of	1853
elections, to serve as precinct officers at a primary, special, or	1854
general election.	1855

In addition to the requirements established by division	1856
(C)(2) of this section, a board of education, governing authority,	1857
or chief administrator that establishes a program under this	1858
division in conjunction with a board of elections may establish	1859
additional criteria that students shall meet to be eligible to	1860
participate in that program.	1861

(2)(a) To be eligible to participate in a program established	1862
under division (C)(1) of this section, a student shall be a United	1863
States citizen, a resident of the county, at least seventeen years	1864
of age, and enrolled in the senior year of high school.	1865

(b) Any student applying to participate in a program	1866
established under division (C)(1) of this section, as part of the	1867
student's application process, shall declare the student's	1868
political party affiliation with the board of elections.	1869

(3) No student appointed as a precinct officer pursuant to a	1870
program established under division (C)(1) of this section shall be	1871
designated as a ~~presiding judge~~voting location manager.	1872

(4) Any student participating in a program established under	1873
division (C)(1) of this section shall be excused for that	1874
student's absence from school on the day of an election at which	1875
the student is serving as a precinct officer.	1876

~~(D)~~(5) In any precinct with six or more precinct officers, up	1877
to two students participating in a program established under	1878
division (C)(1) of this section who are under eighteen years of	1879
age may serve as precinct officers. Not more than one precinct	1880
officer in any given precinct with fewer than six precinct	1881
officers shall be under eighteen years of age.	1882

Any public or private institution of higher education	1883
operating in this state shall grant any student who serves as a	1884
precinct election official at any election in this state an	1885
excused absence from any class, coursework, exam, or other	1886
requirement scheduled on the day of that election. The institution	1887
of higher education shall provide a mechanism for any student who	1888
is excused from any class, coursework, exam, or other requirement	1889
to make up the missed work, exam, or other requirement.	1890

Sec. 3501.26. When the polls are closed after a primary,	1891
general, or special election, the receiving officials shall, in	1892
the presence of the counting officials and attending observers,	1893
proceed as follows:	1894

(A) Count the number of electors who voted, as shown on the	1895
poll books;	1896

(B) Count the unused ballots, without removing stubs if	1897
ballot stubs are being used;	1898

1899

(D) Insert the totals of divisions (A), (B), and (C) of this	1900
section on the report forms provided therefor in the poll books;	1901

(E) Count the voted ballots. If the number of voted ballots	1902
exceeds the number of voters whose names appear upon the poll	1903
books, the ~~presiding judge~~voting location manager shall enter on	1904
the poll books an explanation of that discrepancy, and that	1905
explanation, if agreed to, shall be subscribed to by all of the	1906
~~judges~~precinct election officials. Any ~~judge~~precinct official	1907
having a different explanation shall enter it in the poll books	1908
and subscribe to it.	1909

(F) Put the unused ballots ~~with stubs attached,~~ and soiled	1910
and defaced ballots ~~with stubs attached,~~ in the envelopes or	1911
containers provided therefor, and certify the number. If ballot	1912
stubs are being used, the receiving officials shall leave those	1913
stubs attached to the unused ballots and soiled and defaced	1914
ballots, as applicable, when those ballots are placed in the	1915
appropriate envelopes or containers.	1916

The receiving officials shall deliver to and place in the	1917
custody of the counting officials all the supplies provided for	1918
the conduct of that election and the ballots that are to be	1919
counted and tallied, and take a receipt for the same, which	1920
receipt shall appear in and be a part of the poll books of such	1921
precinct. Having performed their duties, the receiving officials	1922
shall immediately depart.	1923

Having receipted for the ballots, the counting officials	1924
shall proceed to count and tally the vote as cast in the manner	1925
prescribed by section 3505.27 of the Revised Code and certify the	1926
result of the election to the board of elections.	1927

Sec. 3501.27. (A) All ~~judges of~~precinct election officials	1928
shall complete a program of instruction pursuant to division (B)	1929
of this section. No person who has been convicted of a felony or	1930
any violation of the election laws, who is unable to read and	1931
write the English language readily, or who is a candidate for an	1932
office to be voted for by the voters of the precinct in which the	1933
person is to serve shall serve as an election officer. A person	1934
when appointed as an election officer shall receive from the board	1935
of elections a certificate of appointment that may be revoked at	1936
any time by the board for good and sufficient reasons. The	1937
certificate shall be in the form the board prescribes and shall	1938
specify the precinct, ward, or district in and for which the	1939
person to whom it is issued is appointed to serve, the date of	1940
appointment, and the expiration of the person's term of service.	1941

(B)(1) Each board shall establish a program as prescribed by	1942
the secretary of state for the instruction of election officers in	1943
the rules, procedures, and law relating to elections. In each	1944
program, the board shall use training materials prepared by the	1945
secretary of state and may use additional materials prepared by or	1946
on behalf of the board. The board may use the services of unpaid	1947
volunteers in conducting its program and may reimburse those	1948
volunteers for necessary and actual expenses incurred in	1949
participating in the program.	1950

~~The~~Subject to division (B)(2) of this section, the board	1951
shall train each new election officer before the new officer	1952
participates in the first election in that capacity. The board	1953
shall instruct election officials who have been trained previously	1954
only when the board or secretary of state considers that	1955
instruction necessary, but the board shall reinstruct such	1956
persons, other than ~~presiding judges~~voting location managers, at	1957
least once in every three years and shall reinstruct ~~presiding~~	1958
~~judges~~voting location managers before the primary election in	1959
even-numbered years. The board shall schedule any program of	1960
instruction within sixty days prior to the election in which the	1961
officials to be trained will participate.	1962

(2) In addition to the training required under division	1963
(B)(1) of this section, the secretary of state may adopt rules	1964
under Chapter 119. of the Revised Code that mandate additional	1965
training for election officials on a continuing basis in an effort	1966
to achieve election uniformity.	1967

(C) The duties of a ~~judge of an~~precinct election official in	1968
each polling place shall be performed only by an individual who	1969
has successfully completed the requirements of the program, unless	1970
such an individual is unavailable after reasonable efforts to	1971
obtain such services.	1972

(D) The secretary of state shall establish a program for the	1973
instruction of members of boards of elections and employees of	1974
boards in the rules, procedures, and law relating to elections.	1975
Each member and employee shall complete the training program	1976
within six months after the member's or employee's original	1977
appointment or employment, and thereafter each member and employee	1978
shall complete a training program to update their knowledge once	1979
every four years or more often as determined by the secretary of	1980
state.	1981

(E) The secretary of state shall reimburse each county for	1982
the cost of programs established pursuant to division (B) of this	1983
section, once the secretary of state has received an itemized	1984
statement of expenses for such instruction programs from the	1985
county. The itemized statement shall be in a form prescribed by	1986
the secretary of state.	1987

Sec. 3501.28. (A) As used in this section:

1988

(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor	1989
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as	1990
amended.	1991

(2) "Full election day" means the period of time between the	1992
opening of the polls and the completion of the procedures	1993
contained in section 3501.26 of the Revised Code.	1994

(3) "Services" means services at each general, primary, or	1995
special election.	1996

(B) ~~Beginning with calendar year 1998, each judge of an~~	1997
~~election in a county shall be paid for the judge's services at the~~	1998
~~same hourly rate, which shall be not less than the minimum hourly~~	1999
~~rate established by the Fair Labor Standards Act and not more than~~	2000
~~eighty-five dollars per diem.~~	2001

~~(C)~~ Beginning with calendar year 2004, each ~~judge of an~~	2002
precinct election official in a county shall be paid for the	2003
~~judge's~~official's services at the same hourly rate, which shall	2004
be not less than the minimum hourly rate established by the Fair	2005
Labor Standards Act and not more than ninety-five dollars per	2006
diem.	2007

~~(D)~~(C) The secretary of state shall establish, by rule	2008
adopted under section 111.15 of the Revised Code, the maximum	2009
amount of per diem compensation that may be paid to ~~judges of an~~	2010
precinct election officials under this section each time the Fair	2011
Labor Standards Act is amended to increase the minimum hourly rate	2012
established by the act. Upon learning of such an increase, the	2013
secretary of state shall determine by what percentage the minimum	2014
hourly rate has been increased under the act and establish a new	2015
maximum amount of per diem compensation that ~~judges of an~~precinct	2016
election officials may be paid under this section that is	2017
increased by the same percentage that the minimum hourly rate has	2018
been increased under the act.	2019

~~(E)~~(D)(1)(a) No board of elections shall increase the pay of	2020
a ~~judge of an~~precinct election official under this section	2021
during a calendar year unless the board has given written notice	2022
of the proposed increase to the board of county commissioners not	2023
later than the first day of October of the preceding calendar	2024
year.	2025

(b) Except as otherwise provided in division ~~(E)~~(D)(2) of	2026
this section, a board of elections may increase the pay of a ~~judge~~	2027
~~of an~~precinct election official during a calendar year by up to,	2028
but not exceeding, nine per cent over the compensation paid to a	2029
~~judge of an~~precinct election official in the county where the	2030
board is located during the previous calendar year, if the	2031
compensation so paid during the previous calendar year was	2032
eighty-five dollars or less per diem.	2033

(c) Except as otherwise provided in division ~~(E)~~(D)(2) of	2034
this section, a board of elections may increase the pay of a ~~judge~~	2035
~~of an~~precinct election official during a calendar year by up to,	2036
but not exceeding, four and one-half per cent over the	2037
compensation paid to a ~~judge of an~~precinct election official in	2038
the county where the board is located during the previous calendar	2039
year, if the compensation so paid during the previous calendar	2040
year was more than eighty-five but less than ninety-five dollars	2041
per diem.	2042

(2) The board of county commissioners may review and comment	2043
upon a proposed increase and may enter into a written agreement	2044
with a board of elections to permit an increase in the	2045
compensation paid to ~~judges of an~~precinct election officials for	2046
their services during a calendar year that is greater than the	2047
applicable percentage limitation described in division (E)(1)(b)	2048
or (c) of this section.	2049

~~(F)~~(E) No ~~judge of an~~precinct election official who works	2050
less than the full election day shall be paid the maximum amount	2051
allowed under this section or the maximum amount as set by the	2052
board of elections, whichever is less.	2053

~~(G)~~(F)(1) Except as otherwise provided in divisions ~~(G)~~(F)(4)	2054
to (6) of this section, any employee of the state or of any	2055
political subdivision of the state may serve as a ~~judge of~~	2056
~~elections~~precinct election official on the day of an election	2057
without loss of the employee's regular compensation for that day	2058
as follows:	2059

(a) For employees of a county office, department, commission,	2060
board, or other entity, or of a court of common pleas, county	2061
court, or county-operated municipal court, as defined in section	2062
1901.03 of the Revised Code, the employee's appointing authority	2063
may permit leave with pay for this service in accordance with a	2064
resolution setting forth the terms and conditions for that leave	2065
passed by the board of county commissioners.	2066

(b) For all other employees of a political subdivision of the	2067
state, leave with pay for this service shall be subject to the	2068
terms and conditions set forth in an ordinance or a resolution	2069
passed by the legislative authority of the applicable political	2070
subdivision.	2071

(c) For state employees, leave with pay for this service	2072
shall be subject to the terms and conditions set forth by the head	2073
of the state agency, as defined in section 1.60 of the Revised	2074
Code, by which the person is employed.	2075

(2) Any terms and conditions set forth by a board of county	2076
commissioners, legislative authority of a political subdivision,	2077
or head of a state agency under division (G)(1) of this section	2078
shall include a standard procedure for deciding which employees	2079
are permitted to receive leave with pay if multiple employees of	2080
an entity or court described in division (G)(1)(a) of this	2081
section, of an entity of a political subdivision described in	2082
division (G)(1)(b) of this section, or of a state agency as	2083
defined in section 1.60 of the Revised Code apply to serve as a	2084
~~judge of elections~~precinct election official on the day of an	2085
election. This procedure shall be applied uniformly to all	2086
similarly situated employees.	2087

(3) Any employee who is eligible for leave with pay under	2088
division (G)(1) of this section shall receive, in addition to the	2089
employee's regular compensation, the compensation paid to the	2090
~~judge of an~~precinct election official under division (B),or (C),	2091
~~or (D)~~ of this section.	2092

(4) Division ~~(G)~~(F)(1) of this section does not apply to	2093
either of the following:	2094

(a) Election officials;

2095

(b) Public school teachers.

2096

(5) Nothing in division ~~(G)~~(F)(1) of this section supersedes	2097
or negates any provision of a collective bargaining agreement in	2098
effect under Chapter 4117. of the Revised Code.	2099

(6) If a board of county commissioners, legislative authority	2100
of a political subdivision, or head of a state agency fails to set	2101
forth any terms and conditions under division ~~(G)~~(F)(1) of this	2102
section, an employee of an entity or court described in division	2103
~~(G)~~(F)(1)(a) of this section, of an entity of a political	2104
subdivision described in division ~~(G)~~(F)(1)(b) of this section, or	2105
of a state agency as defined in section 1.60 of the Revised Code	2106
may use personal leave, vacation leave, or compensatory time, or	2107
take unpaid leave, to serve as a ~~judge of elections~~precinct	2108
election official on the day of an election.	2109

~~(H)~~(G) The board of elections may withhold the compensation	2110
of any precinct election official for failure to obey the	2111
instructions of the board or to comply with the law relating to	2112
the duties of ~~such~~a precinct ~~judge~~election official. Any payment	2113
a ~~judge of an~~precinct election official is entitled to receive	2114
under section 3501.36 of the Revised Code is in addition to the	2115
compensation the ~~judge~~official is entitled to receive under this	2116
section.	2117

Sec. 3501.29. (A) The board of elections shall provide for	2118
each precinct a polling place and provide adequate facilities at	2119
each polling place for conducting the election. The board shall	2120
provide a sufficient number of screened or curtained voting	2121
compartments to which electors may retire and conveniently mark	2122
their ballots, protected from the observation of others. Each	2123
voting compartment shall be provided at all times with writing	2124
implements, instructions how to vote, and other necessary	2125
conveniences for marking the ballot. The ~~presiding judge~~voting	2126
location manager shall ensure that the voting compartments at all	2127
times are adequately lighted and contain the necessary supplies.	2128
The board shall utilize, in so far as practicable, rooms in public	2129
schools and other public buildings for polling places. Upon	2130
application of the board of elections, the authority which has the	2131
control of any building or grounds supported by taxation under the	2132
laws of this state, shall make available the necessary space	2133
therein for the purpose of holding elections and adequate space	2134
for the storage of voting machines, without charge for the use	2135
thereof. A reasonable sum may be paid for necessary janitorial	2136
service. When polling places are established in private buildings,	2137
the board may pay a reasonable rental therefor, and also the cost	2138
of liability insurance covering the premises when used for	2139
election purposes, or the board may purchase a single liability	2140
policy covering the board and the owners of the premises when used	2141
for election purposes. When removable buildings are supplied by	2142
the board, they shall be constructed under the contract let to the	2143
lowest and best bidder, and the board shall observe all ordinances	2144
and regulations then in force as to safety. The board shall remove	2145
all such buildings from streets and other public places within	2146
thirty days after an election, unless another election is to be	2147
held within ninety days.	2148

(B)(1) Except as otherwise provided in this section, the	2149
board shall ensure all of the following:	2150

(a) That polling places are free of barriers that would	2151
impede ingress and egress of handicapped persons;	2152

(b) That the minimum number of special parking locations,	2153
also known as handicapped parking spaces or disability parking	2154
spaces, for handicapped persons are designated at each polling	2155
place in accordance with 28 C.F.R. Part 36, Appendix A, and in	2156
compliance with division (E) of section 4511.69 of the Revised	2157
Code.;	2158

(c) That the entrances of polling places are level or are	2159
provided with a nonskid ramp ~~of not over eight per cent gradient~~	2160
that meets the requirements of the "Americans with Disabilities	2161
Act of 1990," 104 Stat. 327, 42 U.S.C. 12101;	2162

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

2163

(2) Notwithstanding division (B)(1)(a), (c), or (d) of this	2164
section, certain polling places may be specifically exempted by	2165
the secretary of state upon certification by a board of elections	2166
that a good faith, but unsuccessful, effort has been made to	2167
modify, or change the location of, such polling places.	2168

(C) ~~At any polling place that is exempted from compliance by~~	2169
~~the secretary of state, the~~The board of elections shall permit	2170
any handicapped elector who travels to that elector's polling	2171
place, but who is unable to enter the polling place due to	2172
inaccessibility or the nature of the elector's disability or	2173
limitation, to vote, with the assistance of two polling place	2174
officials of major political parties, in the vehicle that conveyed	2175
that elector to the polling place~~, or to receive and cast that~~	2176
~~elector's ballot at the door of the polling place~~.	2177

(D) The secretary of state shall:

2178

(1) Work with other state agencies to facilitate the	2179
distribution of information and technical assistance to boards of	2180
elections to meet the requirements of division (B) of this	2181
section;	2182

(2) Work with organizations that represent or provide	2183
services to handicapped, disabled, or elderly citizens to effect a	2184
wide dissemination of information about the availability of	2185
absentee voting, voting in the voter's vehicle or at the door of	2186
the polling place, or other election services to handicapped,	2187
disabled, or elderly citizens.	2188

(E) Before the day of an election, the director of the board	2189
of elections of each county shall sign a statement verifying that	2190
each polling place that will be used in that county at that	2191
election meets the requirements of division (B)(1)(b) of this	2192
section. The signed statement shall be sent to the secretary of	2193
state by ~~certified~~ mail or electronic mail.	2194

(F) As used in this section, "handicapped" means having lost	2195
the use of one or both legs, one or both arms, or any combination	2196
thereof, or being blind or so severely disabled as to be unable to	2197
move about without the aid of crutches or a wheelchair.	2198

Sec. 3501.30. (A) The board of elections shall provide for	2199
each polling place the necessary ballot boxes, official ballots,	2200
cards of instructions, registration forms, pollbooks or poll	2201
lists, tally sheets, forms on which to make summary statements,	2202
writing implements, paper, and all other supplies necessary for	2203
casting and counting the ballots and recording the results of the	2204
voting at the polling place. For a general election in an	2205
even-numbered year, for each one thousand electors in a precinct	2206
or multiple precinct polling location, the pollbooks shall be	2207
divided into at least three alphabetical sections. The pollbooks	2208
or poll lists shall have certificates appropriately printed on	2209
them for the signatures of all the precinct officials, by which	2210
they shall certify that, to the best of their knowledge and	2211
belief, the pollbooks or poll lists correctly show the names of	2212
all electors who voted in the polling place at the election	2213
indicated in the pollbooks or poll lists.	2214

All of the following shall be included among the supplies	2215
provided to each polling place:	2216

(1) A large map of each appropriate precinct, which shall be	2217
displayed prominently to assist persons who desire to register or	2218
vote on election day. Each map shall show all streets within the	2219
precinct and contain identifying symbols of the precinct in bold	2220
print.	2221

(2) Any materials, postings, or instructions required to	2222
comply with state or federal laws;	2223

(3) A flag of the United States approximately two and	2224
one-half feet in length along the top, which shall be displayed	2225
outside the entrance to the polling place during the time it is	2226
open for voting;	2227

(4) Two or more small flags of the United States	2228
approximately fifteen inches in length along the top, which shall	2229
be placed at a distance of one hundred feet from the polling place	2230
on the thoroughfares or walkways leading to the polling place, to	2231
mark the distance within which persons other than election	2232
officials, observers, police officers, and electors waiting to	2233
mark, marking, or casting their ballots shall not loiter,	2234
congregate, or engage in any kind of election campaigning. Where	2235
small flags cannot reasonably be placed one hundred feet from the	2236
polling place, the ~~presiding election judge~~voting location	2237
manager shall place the flags as near to one hundred feet from the	2238
entrance to the polling place as is physically possible. Police	2239
officers and all election officials shall see that this	2240
prohibition against loitering and congregating is enforced.	2241

When the period of time during which the polling place is	2242
open for voting expires, all of the flags described in this	2243
division shall be taken into the polling place and shall be	2244
returned to the board together with all other election supplies	2245
required to be delivered to the board.	2246

(B) The board of elections shall follow the instructions and	2247
advisories of the secretary of state in the production and use of	2248
polling place supplies.	2249

Sec. 3501.301. A contract involving a cost in excess of ~~ten~~	2250
twenty-five thousand dollars for printing and furnishing the	2251
supplies, other than the official ballots, required in section	2252
3501.30 of the Revised Code, shall not be let until the board of	2253
elections has caused notice to be published once in a newspaper of	2254
general circulation within the county or upon notice given by	2255
mail, addressed to the responsible suppliers within the state. The	2256
board of elections may require that each bid be accompanied by a	2257
bond, with at least two individual sureties, or a surety company,	2258
satisfactory to the board, in a sum double the amount of the bid,	2259
conditioned upon the faithful performance of the contract awarded	2260
and for the payment as damages by such bidder to the board of any	2261
excess of cost over the bid which it may be required to pay for	2262
such work by reason of the failure of the bidder to complete the	2263
contract. The contract shall be let to the lowest and best bidder.	2264

Sec. 3501.302. The secretary of state may enter into	2265
agreements for the bulk purchase of election supplies in order to	2266
reduce the costs for such purchases by individual boards of	2267
elections. A board of elections desiring to participate in such	2268
purchase agreements shall file with the secretary of state a	2269
written request for inclusion. A request for inclusion shall	2270
include an agreement to be bound by such terms and conditions as	2271
the secretary of state prescribes and to make direct payments to	2272
the vendor under each purchase agreement.	2273

A board of elections shall be permitted to view the terms and	2274
conditions of each such purchase agreement prior to committing to	2275
abide by those terms. The terms of each bulk purchase agreement	2276
entered into under this section shall provide a mechanism for a	2277
board of elections to opt out of participation.	2278

Sec. 3501.31. The board of elections shall mail to each	2279
precinct election official notice of the date, hours, and place of	2280
holding each election in the official's respective precinct at	2281
which it desires the official to serve. Each of such officials	2282
shall notify the board immediately upon receipt of such notice of	2283
any inability to serve.	2284

The election official designated as ~~presiding judge~~voting	2285
location manager under section 3501.22 of the Revised Code shall	2286
call at the office of the board at such time before the day of the	2287
election, not earlier than the tenth day before the day of the	2288
election, as the board designates to obtain the ballots,	2289
pollbooks, registration forms and lists, and other material to be	2290
used in the official's polling place on election day.	2291

The board may also provide for the delivery of such materials	2292
to polling places in a municipal corporation by members of the	2293
police department of such municipal corporation; or the board may	2294
provide for the delivery of such materials to the ~~presiding judge~~	2295
voting location manager not earlier than the tenth day before the	2296
election, in any manner it finds to be advisable.	2297

On election day the precinct election officials shall	2298
punctually attend the polling place one-half hour before the time	2299
fixed for opening the polls. Each of the precinct election	2300
officials shall thereupon make and subscribe to a statement which	2301
shall be as follows:	2302

"State of Ohio	2303

County of ...............	2304

I do solemnly swear under the penalty of perjury that I will	2305
support the constitution of the United States of America and the	2306
constitution of the state of Ohio and its laws; that I have not	2307
been convicted of a felony or any violation of the election laws;	2308
that I will discharge to the best of my ability the duties of	2309
~~judge of~~precinct election official in and for precinct	2310
.................... in the .................... (township) or	2311
(ward and city or village) .................... in the county of	2312
...................., in the election to be held on the ..........	2313
day of ..............., ....., as required by law and the rules	2314
and instructions of the board of elections of said county; and	2315
that I will endeavor to prevent fraud in such election, and will	2316
report immediately to said board any violations of the election	2317
laws which come to my attention, and will not disclose any	2318
information as to how any elector voted which is gained by me in	2319
the discharge of my official duties.	2320

............................................................	2321

............................................................	2322

............................................................	2323

............................................................	2324

............................................................	2325

............................................................	2326

(Signatures of precinct election officials)"	2327

If any of the other precinct election officials is absent at	2328
that time, the ~~presiding judge~~voting location manager, with the	2329
concurrence of a majority of the precinct election officials	2330
present, shall appoint a qualified elector who is a member of the	2331
same political party as the political party of which such absent	2332
precinct election official is a member to fill the vacancy until	2333
the board appoints a person to fill such vacancy and the person so	2334
appointed reports for duty at the polling place. The ~~presiding~~	2335
~~judge~~voting location manager shall promptly notify the board of	2336
such vacancy by telephone or otherwise. The ~~presiding judge~~voting	2337
location manager also shall assign the precinct election officials	2338
to their respective duties and shall have general charge of the	2339
polling place.	2340

Sec. 3501.32. ~~(A) Except as otherwise provided in division~~	2341
~~(B) of this section, on~~On the day of the election the polls shall	2342
be opened by proclamation by the ~~presiding judge~~voting location	2343
manager, or in ~~his~~the manager's absence by a ~~presiding judge~~	2344
voting location manager chosen by the ~~judges~~precinct election	2345
officials, at six-thirty a.m. and shall be closed by proclamation	2346
at seven-thirty p.m. unless there are voters waiting in line to	2347
cast their ballots, in which case the polls shall be kept open	2348
until such waiting voters have voted.	2349

~~(B) On the day of the election, any polling place located on~~	2350
~~an island not connected to the mainland by a highway or a bridge~~	2351
~~may close earlier than seven-thirty p.m. if all registered voters~~	2352
~~in the precinct have voted. When a polling place closes under~~	2353
~~division (B) of this section the presiding judge shall immediately~~	2354
~~notify the board of elections of the closing.~~	2355

Sec. 3501.33. All ~~judges of~~precinct election officials	2356
shall enforce peace and good order in and about the place of	2357
registration or election. They shall especially keep the place of	2358
access of the electors to the polling place open and unobstructed	2359
and prevent and stop any improper practices or attempts tending to	2360
obstruct, intimidate, or interfere with any elector in registering	2361
or voting. They shall protect observers against molestation and	2362
violence in the performance of their duties, and may eject from	2363
the polling place any observer for violation of any provision of	2364
Title XXXV of the Revised Code. They shall prevent riots,	2365
violence, tumult, or disorder. In the discharge of these duties,	2366
they may call upon the sheriff, police, or other peace officers to	2367
aid them in enforcing the law. They may order the arrest of any	2368
person violating Title XXXV of the Revised Code, but such an	2369
arrest shall not prevent the person from registering or voting if	2370
the person is entitled to do so. The sheriff, all constables,	2371
police officers, and other officers of the peace shall immediately	2372
obey and aid in the enforcement of any lawful order made by the	2373
precinct election officials in the enforcement of Title XXXV of	2374
the Revised Code.	2375

Sec. 3501.35. (A) During an election and the counting of the	2376
ballots, no person shall do any of the following:	2377

(1) Loiter, congregate, or engage in any kind of election	2378
campaigning within the area between the polling place and the	2379
small flags of the United States placed on the thoroughfares and	2380
walkways leading to the polling place, and if the line of electors	2381
waiting to vote extends beyond those small flags, within ten feet	2382
of any elector in that line;	2383

(2) In any manner hinder or delay an elector in reaching or	2384
leaving the place fixed for casting the elector's ballot;	2385

(3) Give, tender, or exhibit any ballot or ticket to any	2386
person other than the elector's own ballot to the ~~judge of~~	2387
precinct election officials within the area between the polling	2388
place and the small flags of the United States placed on the	2389
thoroughfares and walkways leading to the polling place, and if	2390
the line of electors waiting to vote extends beyond those small	2391
flags, within ten feet of any elector in that line;	2392

(4) Exhibit any ticket or ballot which the elector intends to	2393
cast;	2394

(5) Solicit or in any manner attempt to influence any elector	2395
in casting the elector's vote.	2396

(B) Except as otherwise provided in division (C) of section	2397
3503.23 of the Revised Code, no person who is not an election	2398
official, employee, observer, or police officer shall be allowed	2399
to enter the polling place during the election, except for the	2400
purpose of voting or assisting another person to vote as provided	2401
in section 3505.24 of the Revised Code.	2402

(C) No more electors shall be allowed to approach the voting	2403
shelves at any time than there are voting shelves provided.	2404

(D) The ~~judges of~~precinct election officials and the police	2405
officer shall strictly enforce the observance of this section.	2406

Sec. 3501.37. After each election, the ~~judges of elections~~	2407
precinct election officials of each precinct, except when the	2408
board of elections assumes the duty, shall see that the movable	2409
booths and other equipment are returned for safekeeping to the	2410
fiscal officer of the township or to the clerk or auditor of the	2411
municipal corporation in which the precinct is situated. The	2412
fiscal officer, clerk, or auditor shall have booths and equipment	2413
on hand and in place at the polling places in each precinct before	2414
the time for opening the polls on election days, and for this	2415
service the board may allow the necessary expenses incurred. In	2416
cities, this duty shall devolve on the board.	2417

Sec. 3501.38. All declarations of candidacy, nominating	2418
petitions, or other petitions presented to or filed with the	2419
secretary of state or a board of elections or with any other	2420
public office for the purpose of becoming a candidate for any	2421
nomination or office or for the holding of an election on any	2422
issue shall, in addition to meeting the other specific	2423
requirements prescribed in the sections of the Revised Code	2424
relating to them, be governed by the following rules:	2425

(A) Only electors qualified to vote on the candidacy or issue	2426
which is the subject of the petition shall sign a petition. Each	2427
signer shall be a registered elector pursuant to section ~~3503.11~~	2428
3503.01 of the Revised Code. The facts of qualification shall be	2429
determined as of the date when the petition is filed.	2430

(B) Signatures shall be affixed in ink. Each signer may also	2431
print the signer's name, so as to clearly identify the signer's	2432
signature.	2433

(C) Each signer shall place on the petition after the	2434
signer's name the date of signing and the location of the signer's	2435
voting residence, including the street and number if in a	2436
municipal corporation or the rural route number, post office	2437
address, or township if outside a municipal corporation. The	2438
voting address given on the petition shall be the address	2439
appearing in the registration records at the board of elections.	2440

(D) Except as otherwise provided in section 3501.382 of the	2441
Revised Code, no person shall write any name other than the	2442
person's own on any petition. Except as otherwise provided in	2443
section 3501.382 of the Revised Code, no person may authorize	2444
another to sign for the person. If a petition contains the	2445
signature of an elector two or more times, only the first	2446
signature shall be counted.	2447

(E)(1) On each petition paper, the circulator shall indicate	2448
the number of signatures contained on it, and shall sign a	2449
statement made under penalty of election falsification that the	2450
circulator witnessed the affixing of every signature, that all	2451
signers were to the best of the circulator's knowledge and belief	2452
qualified to sign, and that every signature is to the best of the	2453
circulator's knowledge and belief the signature of the person	2454
whose signature it purports to be or of an attorney in fact acting	2455
pursuant to section 3501.382 of the Revised Code. On the	2456
circulator's statement for a declaration of candidacy or	2457
nominating petition for a person seeking to become a statewide	2458
candidate or for a statewide initiative or a statewide referendum	2459
petition, the circulator shall identify the circulator's name, the	2460
address of the circulator's permanent residence, and the name and	2461
address of the person employing the circulator to circulate the	2462
petition, if any.	2463

(2) As used in division (E) of this section, "statewide	2464
candidate" means the joint candidates for the offices of governor	2465
and lieutenant governor or a candidate for the office of secretary	2466
of state, auditor of state, treasurer of state, or attorney	2467
general.	2468

(F) Except as otherwise provided in section 3501.382 of the	2469
Revised Code, if a circulator knowingly permits an unqualified	2470
person to sign a petition paper or permits a person to write a	2471
name other than the person's own on a petition paper, that	2472
petition paper is invalid; otherwise, the signature of a person	2473
not qualified to sign shall be rejected but shall not invalidate	2474
the other valid signatures on the paper.	2475

(G) The circulator of a petition may, before filing it in a	2476
public office, strike from it any signature the circulator does	2477
not wish to present as a part of the petition.	2478

(H) Any signer of a petition or an attorney in fact acting	2479
pursuant to section 3501.382 of the Revised Code on behalf of a	2480
signer may remove the signer's signature from that petition at any	2481
time before the petition is filed in a public office by striking	2482
the signer's name from the petition; no signature may be removed	2483
after the petition is filed in any public office.	2484

(I)(1) No alterations, corrections, or additions may be made	2485
to a petition after it is filed in a public office.	2486

(2)(a) No declaration of candidacy, nominating petition, or	2487
other petition for the purpose of becoming a candidate may be	2488
withdrawn after it is filed in a public office. Nothing in this	2489
division prohibits a person from withdrawing as a candidate as	2490
otherwise provided by law.	2491

(b) No petition presented to or filed with the secretary of	2492
state, a board of elections, or any other public office for the	2493
purpose of the holding of an election on any question or issue may	2494
be resubmitted after it is withdrawn from a public office. Nothing	2495
in this division prevents a question or issue petition from being	2496
withdrawn by the filing of a written notice of the withdrawal by a	2497
majority of the members of the petitioning committee with the same	2498
public office with which the petition was filed prior to the	2499
sixtieth day before the election at which the question or issue is	2500
scheduled to appear on the ballot.	2501

(J) All declarations of candidacy, nominating petitions, or	2502
other petitions under this section shall be accompanied by the	2503
following statement in boldface capital letters: WHOEVER COMMITS	2504
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	2505

(K) All separate petition papers shall be filed at the same	2506
time, as one instrument.	2507

(L) If a board of elections distributes for use a petition	2508
form for a declaration of candidacy, nominating petition, or any	2509
type of question or issue petition that does not satisfy the	2510
requirements of law as of the date of that distribution, the board	2511
shall not invalidate the petition on the basis that the petition	2512
form does not satisfy the requirements of law, if the petition	2513
otherwise is valid. Division (L) of this section applies only if	2514
the candidate received the petition from the board within ninety	2515
days of when the petition is required to be filed.	2516

Sec. 3501.40. (A) Each board of elections shall create an	2517
election administration plan for each presidential primary	2518
election and each general election conducted in an even-numbered	2519
year.	2520

(B) The election administration plan shall include provisions	2521
for all of the following:	2522

(1) Precinct election official recruitment, training, and	2523
accountability;	2524

(2) Resource allocation, including plans to alleviate any	2525
line of waiting voters that is estimated to take one hour or	2526
longer on the day of an election;	2527

(3) Election day communication;

2528

(4) Materials;

2529

(5) Election day contingencies;

2530

(6) Security;

2531

(7) Voter registration;

2532

(8) Absent voter's ballots;

2533

(9) A master calendar.

2534

In addition to the information required by divisions (B)(1)	2535
through (9) of this section, additional information may be	2536
included in the election administration plan at the discretion of	2537
the board or according to the instructions of the secretary of	2538
state.	2539

(C) A copy of the election administration plan shall be	2540
submitted to the secretary of state not later than sixty days	2541
before the day of any presidential primary election and not later	2542
than one hundred twenty days before the day of a general election	2543
in an even-numbered year. The plan shall be submitted in	2544
accordance with instructions issued by the secretary of state.	2545

(D) The election administration plan of each county shall be	2546
made publicly available on the web site of the secretary of state,	2547
with redactions to the plan only as authorized under state or	2548
federal law. The reason for each redaction shall be noted on the	2549
published copy of the plan.	2550

Sec. 3501.50. (A) There is hereby created the elections	2551
modernization task force, which shall investigate and receive	2552
information related to modernizing Ohio's elections process	2553
including, but not limited to, potential changes to voter	2554
registration, absent voting, in-person absent voting, provisional	2555
voting, voting technology, the statewide voter registration	2556
database, the use of voting centers in lieu of precincts, and any	2557
other area deemed appropriate by a majority of the members of the	2558
task force.	2559

(B)(1) The task force shall be comprised of the following	2560
members:	2561

(a) Two members of the general assembly who are members of	2562
the same political party as the speaker of the house of	2563
representatives, to be appointed jointly by the speaker and the	2564
legislative leader in the senate of the same political party as	2565
the speaker;	2566

(b) Two members of the general assembly who are members of	2567
the same political party as the minority leader of the house of	2568
representatives, to be appointed jointly by the minority leader	2569
and the legislative leader in the senate of the same political	2570
party as the speaker;	2571

(c) The president and vice-president of the Ohio association	2572
of election officials, or their designees, who shall be members of	2573
different major political parties;	2574

(d) Two individuals who are members of different major	2575
political parties and who have a recognized expertise in election	2576
law, administration, or a similar field, who shall be appointed by	2577
the members of the task force identified under divisions (B)(1)(a)	2578
to (c) of this section.	2579

(e) The secretary of state, or the secretary of state's	2580
designee, who shall be a nonvoting member of the task force.	2581

(2) Initial appointments of the legislative members of the	2582
task force shall be made not later than ninety days after the	2583
effective date of this section. The legislative leaders appointing	2584
the general assembly members shall notify the Ohio association of	2585
election officials of the members of the general assembly who have	2586
been appointed to the task force. The Ohio association of election	2587
officials shall submit the names of their task force members to	2588
the legislative members not later than thirty days after the	2589
legislative members have been appointed. Not later than one	2590
hundred eighty days after the effective date of this section,	2591
those members shall meet and select the two expert members of the	2592
task force.	2593

Vacancies on the task force shall be filled in the same	2594
manner as the original appointment.	2595

(3) The task force shall be co-chaired by two members, one	2596
from each of the two largest political parties represented on the	2597
task force, selected by the members of the applicable political	2598
party.	2599

(C) The task force shall meet publicly not less than once per	2600
quarter, and shall report to the general assembly, the governor,	2601
and, during its existence, the constitutional modernization	2602
commission, not less than two times per year its findings on best	2603
practices for elections, proposed statutory changes, and	2604
recommended constitutional changes. The task force also shall make	2605
recommendations regarding the establishment of voting centers not	2606
later than March 1, 2015.	2607

(D) The task force shall continue in existence for a minimum	2608
of three years after the effective date of this section, or until,	2609
by a vote of three-quarters of its members, the task force votes	2610
to dissolve.	2611

Sec. 3501.91. (A) No person acting under color of law shall	2612
deny the right of any individual to vote in any election because	2613
of an error or omission on any record or paper relating to any	2614
application, registration, or other act requisite to voting, if	2615
the error or omission is not material in determining whether the	2616
individual is qualified to vote in that election.	2617

(B) Each of the following have a cause of action against each	2618
person who acted under color of law to deny an elector's right to	2619
vote in violation of division (A) of this section:	2620

(1) An elector whose right to vote has been denied;

2621

(2) A candidate in that election, if the outcome of the	2622
candidate's race may have been affected by the alleged violation	2623
of division (A) of this section;	2624

(3) A political party with which a candidate in that election	2625
is affiliated, if the outcome of the candidate's race may have	2626
been affected by the alleged violation of division (A) of this	2627
section;	2628

(4) The committee responsible for an initiative or referendum	2629
petition, if the outcome of the question or issue arising from	2630
that petition may have been affected by the alleged violation of	2631
division (A) of this section.	2632

(C) In any civil action based on the cause of action	2633
established under division (B) of this section, the complainant	2634
may seek a declaratory judgment, an injunction, other appropriate	2635
equitable relief, or monetary damages. The court also shall award	2636
a prevailing complainant reasonable attorney's fees and court	2637
costs.	2638

(D) Any action brought under this section shall not be	2639
rendered moot on the grounds that it did not impact a sufficient	2640
number of votes to alter the results of any particular election.	2641

(E) Notwithstanding any provision of this section to the	2642
contrary, a precinct election official shall be found personally	2643
liable under this section only if the actions of the precinct	2644
election official to deny an elector the right to vote under color	2645
of law were willful or wanton. If the conduct of the precinct	2646
election official was not willful or wanton, the applicable board	2647
of elections shall be liable for the actions of the precinct	2648
election official to deny the elector the right to vote under	2649
color of law.	2650

Sec. 3503.02. All registrars and ~~judges of elections~~	2651
precinct election officials, in determining the residence of a	2652
person offering to register or vote, shall be governed by the	2653
following rules:	2654

(A) That place shall be considered the residence of a person	2655
in which the person's habitation is fixed and to which, whenever	2656
the person is absent, the person has the intention of returning.	2657

(B) A person shall not be considered to have lost the	2658
person's residence who leaves the person's home and goes into	2659
another state or county of this state, for temporary purposes	2660
only, with the intention of returning.	2661

(C) A person shall not be considered to have gained a	2662
residence in any county of this state into which the person comes	2663
for temporary purposes only, without the intention of making such	2664
county the permanent place of abode.	2665

(D) The place where the family of a married person resides	2666
shall be considered to be the person's place of residence; except	2667
that when the spouses have separated and live apart, the place	2668
where such a spouse resides the length of time required to entitle	2669
a person to vote shall be considered to be the spouse's place of	2670
residence.	2671

(E) If a person removes to another state with the intention	2672
of making such state the person's residence, the person shall be	2673
considered to have lost the person's residence in this state.	2674

(F) Except as otherwise provided in division (G) of this	2675
section, if a person removes from this state and continuously	2676
resides outside this state for a period of four years or more, the	2677
person shall be considered to have lost the person's residence in	2678
this state, notwithstanding the fact that the person may entertain	2679
an intention to return at some future period.	2680

(G)(1) If a person removes from this state to engage in the	2681
services of the United States government, the person shall not be	2682
considered to have lost the person's residence in this state, and	2683
likewise should the person enter the employment of the state, the	2684
place where such person resided at the time of the person's	2685
removal shall be considered to be the person's place of residence.	2686

(2) If a person removes from this state to a location outside	2687
of the United States and the person does not become a resident of	2688
another state, the person shall not be considered to have lost the	2689
person's residence in this state. The place where the person	2690
resided at the time of the person's removal shall be considered to	2691
be the person's place of residence.	2692

(3) If a person is eligible to vote in this state under	2693
division (D)(2) of section 3511.011 of the Revised Code, the place	2694
where the person's parent or legal guardian resided in this state	2695
prior to that parent or legal guardian's removal to a location	2696
outside of the United States shall be considered to be the	2697
person's place of residence.	2698

(4) If an address that is considered to be a person's place	2699
of residence under division (G) of this section ceases to be a	2700
recognized residential address, the board of elections shall	2701
assign an address to the applicable person for voting purposes.	2702

(H) If a person goes into another state and while there	2703
exercises the right of a citizen by voting, the person shall be	2704
considered to have lost the person's residence in this state.	2705

(I) If a person does not have a fixed place of habitation,	2706
but has a shelter or other location at which the person has been a	2707
consistent or regular inhabitant and to which the person has the	2708
intention of returning, that shelter or other location shall be	2709
deemed the person's residence for the purpose of registering to	2710
vote.	2711

Sec. 3503.06. ~~(A)~~ No person shall be entitled to vote at any	2712
election, or to sign ~~or circulate~~ any declaration of candidacy or	2713
any ~~nominating, or recall~~ petition, unless the person is	2714
registered as an elector and will have resided in the county and	2715
precinct where the person is registered for at least thirty days	2716
at the time of the next election.	2717

~~(B)(1) No person shall be entitled to circulate any~~	2718
~~initiative or referendum petition unless the person is a resident~~	2719
~~of this state.~~	2720

~~(2) All election officials, in determining the residence of a~~	2721
~~person circulating a petition under division (B)(1) of this~~	2722
~~section, shall be governed by the following rules:~~	2723

~~(a) That place shall be considered the residence of a person~~	2724
~~in which the person's habitation is fixed and to which, whenever~~	2725
~~the person is absent, the person has the intention of returning.~~	2726

~~(b) A person shall not be considered to have lost the~~	2727
~~person's residence who leaves the person's home and goes into~~	2728
~~another state for temporary purposes only, with the intention of~~	2729
~~returning.~~	2730

~~(c) A person shall not be considered to have gained a~~	2731
~~residence in any county of this state into which the person comes~~	2732
~~for temporary purposes only, without the intention of making that~~	2733
~~county the permanent place of abode.~~	2734

~~(d) If a person removes to another state with the intention~~	2735
~~of making that state the person's residence, the person shall be~~	2736
~~considered to have lost the person's residence in this state.~~	2737

~~(e) Except as otherwise provided in division (B)(2)(f) of~~	2738
~~this section, if a person removes from this state and continuously~~	2739
~~resides outside this state for a period of four years or more, the~~	2740
~~person shall be considered to have lost the person's residence in~~	2741
~~this state, notwithstanding the fact that the person may entertain~~	2742
~~an intention to return at some future period.~~	2743

~~(f) If a person removes from this state to engage in the~~	2744
~~services of the United States government, the person shall not be~~	2745
~~considered to have lost the person's residence in this state~~	2746
~~during the period of that service, and likewise should the person~~	2747
~~enter the employment of the state, the place where that person~~	2748
~~resided at the time of the person's removal shall be considered to~~	2749
~~be the person's place of residence.~~	2750

~~(g) If a person goes into another state and, while there,~~	2751
~~exercises the right of a citizen by voting, the person shall be~~	2752
~~considered to have lost the person's residence in this state.~~	2753

~~(C) No person shall be entitled to sign any initiative or~~	2754
~~referendum petition unless the person is registered as an elector~~	2755
~~and will have resided in the county and precinct where the person~~	2756
~~is registered for at least thirty days at the time of the next~~	2757
~~election.~~	2758

Sec. 3503.09. (A)(1) The secretary of state shall adopt	2759
rules for the electronic transmission by boards of elections,	2760
designated agencies, ~~offices of deputy registrars of motor~~	2761
~~vehicles,~~ public high schools and vocational schools, public	2762
libraries, and offices of county treasurers, where applicable, of	2763
name and residence changes for voter registration records in the	2764
statewide voter registration database.	2765

(2) The secretary of state shall adopt rules for the purpose	2766
of improving the speed of processing new voter registrations that	2767
permit information from a voter registration application received	2768
by a designated agency ~~or an office of deputy registrar of motor~~	2769
~~vehicles~~ to be made available electronically, in addition to	2770
requiring the original voter registration application to be	2771
transmitted to the applicable board of elections under division	2772
(E)(2) of section 3503.10 or section 3503.11 of the Revised Code.	2773

(B) Rules adopted under division (A) of this section shall do	2774
all of the following:	2775

(1) Prohibit any direct electronic connection between a	2776
designated agency, ~~office of deputy registrar of motor vehicles,~~	2777
public high school or vocational school, public library, or office	2778
of a county treasurer and the statewide voter registration	2779
database;	2780

(2) Require any updated voter registration information to be	2781
verified by the secretary of state or a board of elections before	2782
the information is added to the statewide voter registration	2783
database for the purpose of modifying an existing voter	2784
registration;	2785

(3) Require each designated agency ~~or office of deputy~~	2786
~~registrar of motor vehicles~~ that transmits voter registration	2787
information electronically to transmit an identifier for data	2788
relating to each new voter registration that shall be used by the	2789
secretary of state or a board of elections to match the electronic	2790
data to the original voter registration application.	2791

Sec. 3503.10. (A) Each designated agency shall designate one	2792
person within that agency to serve as coordinator for the voter	2793
registration program within the agency and its departments,	2794
divisions, and programs. The designated person shall be trained	2795
under a program designed by the secretary of state and shall be	2796
responsible for administering all aspects of the voter	2797
registration program for that agency as prescribed by the	2798
secretary of state. The designated person shall receive no	2799
additional compensation for performing such duties.	2800

(B)(1) Every designated agency, public high school and	2801
vocational school, public library, and office of a county	2802
treasurer shall provide in each of its offices or locations voter	2803
registration applications and assistance in the registration of	2804
persons qualified to register to vote, in accordance with this	2805
chapter.	2806

(2) Each designated agency shall affirmatively offer the	2807
opportunity to register to vote, or to update the person's voter	2808
registration, to each eligible resident of this state who	2809
interacts with the agency in a manner detailed in this section or	2810
otherwise prescribed by rules adopted by the secretary of state.	2811

(C) Every designated agency shall distribute to its	2812
applicants, prior to or in conjunction with distributing a voter	2813
registration application, a form prescribed by the secretary of	2814
state that includes all of the following:	2815

(1) The question, "Do you want to register to vote or update	2816
your current voter registration?"--followed by boxes for the	2817
applicant to indicate whether the applicant would like to register	2818
or decline to register to vote, and the statement, highlighted in	2819
bold print, "If you do not check either box, you will be	2820
considered to have decided not to register to vote at this time.";	2821

(2) If the agency provides public assistance, the statement,	2822
"Applying to register or declining to register to vote will not	2823
affect the amount of assistance that you will be provided by this	2824
agency.";	2825

(3) The statement, "If you would like help in filling out the	2826
voter registration application form, we will help you. The	2827
decision whether to seek or accept help is yours. You may fill out	2828
the application form in private.";	2829

(4) The statement, "If you believe that someone has	2830
interfered with your right to register or to decline to register	2831
to vote, your right to privacy in deciding whether to register or	2832
in applying to register to vote, or your right to choose your own	2833
political party or other political preference, you may file a	2834
complaint with the prosecuting attorney of your county or with the	2835
secretary of state," with the address and telephone number for	2836
each such official's office.	2837

(D)(1) Each designated agency shall distribute a voter	2838
registration form prescribed by the secretary of state to each	2839
applicant with each application for service or assistance, and	2840
with each written application or form for registration,	2841
application, recertification, renewal, participation, information	2842
updates, or change of address.	2843

(2) If a designated agency permits an application for	2844
service, or the registration, application, recertification,	2845
renewal, participation, or updating of information pertaining to a	2846
certification or license issued by the state or a state government	2847
program to be accessed or completed online through the internet,	2848
the designated agency shall provide a link to the online voter	2849
registration system established by the secretary of state pursuant	2850
to section 3503.20 of the Revised Code, as part of the	2851
registration, application, recertification, renewal,	2852
participation, or updating system.	2853

(E) Each designated agency shall do all of the following:

2854

(1) Have employees trained to administer the voter	2855
registration program in order to provide to each applicant who	2856
wishes to register to vote and who accepts assistance, the same	2857
degree of assistance with regard to completion of the voter	2858
registration application as is provided by the agency with regard	2859
to the completion of its own form;	2860

(2) Accept completed voter registration applications, voter	2861
registration change of residence forms, and voter registration	2862
change of name forms, regardless of whether the application or	2863
form was distributed by the designated agency, for transmittal to	2864
the office of the board of elections in the county in which the	2865
agency is located. Each designated agency and the appropriate	2866
board of elections shall establish a method by which the voter	2867
registration applications and other voter registration forms are	2868
transmitted to that board of elections within five days after	2869
being accepted by the agency.	2870

(3) If the designated agency is one that is primarily engaged	2871
in providing services to persons with disabilities under a	2872
state-funded program, and that agency provides services to a	2873
person with disabilities at a person's home, provide the services	2874
described in divisions (E)(1) and (2) of this section at the	2875
person's home;	2876

(4) Keep as confidential, except as required by the secretary	2877
of state for record-keeping purposes, the identity of an agency	2878
through which a person registered to vote or updated the person's	2879
voter registration records, and information relating to a	2880
declination to register to vote made in connection with a voter	2881
registration application issued by a designated agency.	2882

(F) The secretary of state shall prepare and transmit written	2883
instructions on the implementation of the voter registration	2884
program within each designated agency, public high school and	2885
vocational school, public library, and office of a county	2886
treasurer. The instructions shall include directions as follows:	2887

(1) That each person designated to assist with voter	2888
registration maintain strict neutrality with respect to a person's	2889
political philosophies, a person's right to register or decline to	2890
register, and any other matter that may influence a person's	2891
decision to register or not register to vote;	2892

(2) That each person designated to assist with voter	2893
registration not seek to influence a person's decision to register	2894
or not register to vote, not display or demonstrate any political	2895
preference or party allegiance, and not make any statement to a	2896
person or take any action the purpose or effect of which is to	2897
lead a person to believe that a decision to register or not	2898
register has any bearing on the availability of services or	2899
benefits offered, on the grade in a particular class in school, or	2900
on credit for a particular class in school;	2901

(3) Regarding when and how to assist a person in completing	2902
the voter registration application, what to do with the completed	2903
voter registration application or voter registration update form,	2904
and when the application must be transmitted to the appropriate	2905
board of elections;	2906

(4) Regarding what records must be kept by the agency and	2907
where and when those records should be transmitted to satisfy	2908
reporting requirements imposed on the secretary of state under the	2909
National Voter Registration Act of 1993;	2910

(5) Regarding whom to contact to obtain answers to questions	2911
about voter registration forms and procedures.	2912

(G) If the voter registration activity is part of an in-class	2913
voter registration program in a public high school or vocational	2914
school, whether prescribed by the secretary of state or	2915
independent of the secretary of state, the board of education	2916
shall do all of the following:	2917

(1) Establish a schedule of school days and hours during	2918
these days when the person designated to assist with voter	2919
registration shall provide voter registration assistance;	2920

(2) Designate a person to assist with voter registration from	2921
the public high school's or vocational school's staff;	2922

(3) Make voter registration applications and materials	2923
available, as outlined in the voter registration program	2924
established by the secretary of state pursuant to section 3501.05	2925
of the Revised Code;	2926

(4) Distribute the statement, "applying to register or	2927
declining to register to vote will not affect or be a condition of	2928
your receiving a particular grade in or credit for a school course	2929
or class, participating in a curricular or extracurricular	2930
activity, receiving a benefit or privilege, or participating in a	2931
program or activity otherwise available to pupils enrolled in this	2932
school district's schools.";	2933

(5) Establish a method by which the voter registration	2934
application and other voter registration forms are transmitted to	2935
the board of elections within five days after being accepted by	2936
the public high school or vocational school.	2937

(H) Any person employed by the designated agency, public high	2938
school or vocational school, public library, or office of a county	2939
treasurer may be designated to assist with voter registration	2940
pursuant to this section. The designated agency, public high	2941
school or vocational school, public library, or office of a county	2942
treasurer shall provide the designated person, and make available	2943
such space as may be necessary, without charge to the county or	2944
state.	2945

(I) The secretary of state shall prepare and cause to be	2946
displayed in a prominent location in each designated agency a	2947
notice that identifies the person designated to assist with voter	2948
registration, the nature of that person's duties, and where and	2949
when that person is available for assisting in the registration of	2950
voters.	2951

A designated agency may furnish additional supplies and	2952
services to disseminate information to increase public awareness	2953
of the existence of a person designated to assist with voter	2954
registration in every designated agency.	2955

(J) This section does not limit any authority a board of	2956
education, superintendent, or principal has to allow, sponsor, or	2957
promote voluntary election registration programs within a high	2958
school or vocational school, including programs in which pupils	2959
serve as persons designated to assist with voter registration,	2960
provided that no pupil is required to participate.	2961

(K) Each public library and office of the county treasurer	2962
shall establish a method by which voter registration forms are	2963
transmitted to the board of elections within five days after being	2964
accepted by the public library or office of the county treasurer.	2965

~~(L) The department of job and family services and its~~	2966
~~departments, divisions, and programs shall limit administration of~~	2967
~~the aspects of the voter registration program for the department~~	2968
~~to the requirements prescribed by the secretary of state and the~~	2969
~~requirements of this section and the National Voter Registration~~	2970
~~Act of 1993.~~	2971

Sec. 3503.14. (A) The secretary of state shall prescribe the	2972
form and content of the registration, change of residence, and	2973
change of name forms used in this state. The forms shall meet the	2974
requirements of the National Voter Registration Act of 1993 and	2975
shall include spaces for all of the following:	2976

(1) The voter's name;

2977

(2) The voter's address;

2978

(3) The current date;

2979

(4) The voter's date of birth;

2980

(5) The voter to provide one or more of the following:

2981

(a) The voter's driver's license number or state	2982
identification card number, if any;	2983

(b) The last four digits of the voter's social security	2984
number, if any;	2985

(c) A copy of a current and valid photo identification, a	2986
copy of a military identification, or a copy of a current utility	2987
bill, bank statement, government check, paycheck, or other	2988
government document, other than ~~a notice of an election mailed by~~	2989
~~a board of elections under section 3501.19 of the Revised Code or~~	2990
a notice of voter registration mailed by a board of elections	2991
under section 3503.19 of the Revised Code, that shows the voter's	2992
name and address.	2993

(6) The voter's signature;

2994

(7) The voter's telephone number, which may be provided at	2995
the applicant's discretion;	2996

(8) The voter's electronic mail address, which may be	2997
provided at the applicant's discretion.	2998

~~The registration form shall include a space on which the~~	2999
~~person registering an applicant shall sign the person's name and~~	3000
~~provide the person's address and a space on which the person~~	3001
~~registering an applicant shall name the employer who is employing~~	3002
~~that person to register the applicant.~~	3003

Except for forms prescribed by the secretary of state under	3004
section 3503.11 of the Revised Code, the secretary of state shall	3005
permit boards of elections to produce forms that have subdivided	3006
spaces for each individual alphanumeric character of the	3007
information provided by the voter so as to accommodate the	3008
electronic reading and conversion of the voter's information to	3009
data and the subsequent electronic transfer of that data to the	3010
statewide voter registration database established under section	3011
3503.15 of the Revised Code.	3012

(B) ~~None of the following persons who are registering an~~	3013
~~applicant in the course of that official's or employee's normal~~	3014
~~duties shall sign the person's name, provide the person's address,~~	3015
~~or name the employer who is employing the person to register an~~	3016
~~applicant on a form prepared under this section:~~	3017

~~(1) An election official;~~

3018

~~(2) A county treasurer;~~

3019

~~(3) A deputy registrar of motor vehicles;~~

3020

~~(4) An employee of a designated agency;~~

3021

~~(5) An employee of a public high school;~~

3022

~~(6) An employee of a public vocational school;~~

3023

~~(7) An employee of a public library;~~

3024

~~(8) An employee of the office of a county treasurer;~~

3025

~~(9) An employee of the bureau of motor vehicles;~~

3026

~~(10) An employee of a deputy registrar of motor vehicles;~~

3027

~~(11) An employee of an election official.~~

3028

~~(C)~~ Except as provided in section 3501.382 of the Revised	3029
Code, any applicant who is unable to sign the applicant's own name	3030
shall make an "X," if possible, which shall be certified by the	3031
signing of the name of the applicant by the person filling out the	3032
form, who shall add the person's own signature. If an applicant is	3033
unable to make an "X," the applicant shall indicate in some manner	3034
that the applicant desires to register to vote or to change the	3035
applicant's name or residence. The person registering the	3036
applicant shall sign the form and attest that the applicant	3037
indicated that the applicant desired to register to vote or to	3038
change the applicant's name or residence.	3039

~~(D) No registration, change of residence, or change of name~~	3040
~~form shall be rejected solely on the basis that a person~~	3041
~~registering an applicant failed to sign the person's name or~~	3042
~~failed to name the employer who is employing that person to~~	3043
~~register the applicant as required under division (A) of this~~	3044
~~section.~~	3045

~~(E) As used in this section, "registering an applicant"~~	3046
~~includes any effort, for compensation, to provide voter~~	3047
~~registration forms or to assist persons in completing or returning~~	3048
~~those forms.~~	3049

Sec. 3503.15. (A)(1) The secretary of state shall establish	3050
and maintain a statewide voter registration database that shall be	3051
continuously available to each board of elections and to other	3052
agencies as authorized by law.	3053

(2)(a) Each state agency shall provide any information and	3054
data to the secretary of state that the secretary of state	3055
considers necessary in order to maintain the statewide voter	3056
registration database established pursuant to this section, except	3057
where prohibited by federal law or regulation. The secretary of	3058
state shall ensure that any information or data provided to the	3059
secretary of state that is confidential in the possession of the	3060
entity providing the data remains confidential while in the	3061
possession of the secretary of state.	3062

(b) A registered elector who is providing change of address	3063
information at a designated agency may opt to have that change of	3064
address also serve as a change of address for voter registration	3065
purposes. The notice provided to a registered elector under this	3066
section notifying the elector that the elector may opt to have the	3067
elector's change of address also serve as a change of address for	3068
voter registration purposes shall include the following statement:	3069

"If you choose to update your current voter registration	3070
address, you will receive a notification from the board of	3071
elections that your address has changed. If you are not currently	3072
registered to vote, updating your address using this form will not	3073
register you to vote. You should contact the Secretary of State or	3074
your local board of elections if you wish to register to vote."	3075

A designated agency that receives a request to update the	3076
address of a registered voter shall forward the voter registration	3077
address change to the secretary of state in the manner specified	3078
under division (A)(2)(a) of this section.	3079

(c) A board of elections shall contact a registered elector	3080
to verify the accuracy of the information in the statewide voter	3081
registration database regarding that elector if information	3082
provided under division (A)(2)(a) of this section identifies a	3083
discrepancy between the information regarding that elector that is	3084
maintained in the statewide voter registration database and	3085
maintained by a designated agency. In no circumstance shall such a	3086
discrepancy on its own be sufficient to permit the removal of a	3087
voter from the statewide voter registration database, unless	3088
required by federal law.	3089

(3) The secretary of state shall pursue any necessary	3090
agreements with designated agencies to facilitate the electronic	3091
updating of voter registration information to comply with the	3092
requirements of the National Voter Registration Act of 1993 and to	3093
improve the voter registration process in this state. Any	3094
agreement entered into under this division shall include a	3095
mechanism for monitoring the frequency and accuracy of the	3096
information being transmitted. The secretary of state shall verify	3097
that the information required to be transmitted pursuant to those	3098
agreements to facilitate the electronic updating of voter	3099
registration information is being accurately transmitted in	3100
accordance with those agreements.	3101

(B) The statewide voter registration database established	3102
under this section shall be the official list of registered voters	3103
for all elections conducted in this state.	3104

(C) The statewide voter registration database established	3105
under this section shall, at a minimum, include all of the	3106
following:	3107

(1) An electronic network that connects all board of	3108
elections offices with the office of the secretary of state and	3109
with the offices of all other boards of elections;	3110

(2) A computer program that harmonizes the records contained	3111
in the database with records maintained by each board of	3112
elections;	3113

(3) An interactive computer program that allows access to the	3114
records contained in the database by each board of elections and	3115
by any persons authorized by the secretary of state to add,	3116
delete, modify, or print database records, and to conduct updates	3117
of the database;	3118

(4) A search program capable of verifying registered voters	3119
and their registration information by name, driver's license	3120
number, state identification card number, birth date, social	3121
security number, or current address, or by conducting a wildcard	3122
search using at least three characters from any of those search	3123
fields;	3124

(5) Safeguards and components to ensure that the integrity,	3125
security, and confidentiality of the voter registration	3126
information is maintained.	3127

(D) The secretary of state shall adopt rules pursuant to	3128
Chapter 119. of the Revised Code doing all of the following:	3129

(1) Specifying the manner in which existing voter	3130
registration records maintained by boards of elections shall be	3131
converted to electronic files for inclusion in the statewide voter	3132
registration database;	3133

(2) Establishing a uniform method for entering voter	3134
registration records into the statewide voter registration	3135
database on an expedited basis, but not less than once per day, if	3136
new registration information is received;	3137

(3) Establishing a uniform method for purging canceled voter	3138
registration records from the statewide voter registration	3139
database in accordance with section 3503.21 of the Revised Code;	3140

(4) Specifying the persons authorized to add, delete, modify,	3141
or print records contained in the statewide voter registration	3142
database and to make updates of that database;	3143

(5) Establishing a process for annually auditing the	3144
information contained in the statewide voter registration	3145
database.	3146

(E) A board of elections promptly shall purge a voter's name	3147
and voter registration information from the statewide voter	3148
registration database in accordance with the rules adopted by the	3149
secretary of state under division (D)(3) of this section after the	3150
cancellation of a voter's registration under section 3503.21 of	3151
the Revised Code.	3152

(F) The secretary of state shall provide training in the	3153
operation of the statewide voter registration database to each	3154
board of elections and to any persons authorized by the secretary	3155
of state to add, delete, modify, or print database records, and to	3156
conduct updates of the database.	3157

(G)(1) The statewide voter registration database established	3158
under this section shall be made available on a web site of the	3159
office of the secretary of state as follows:	3160

(a) ~~Except as otherwise provided in division (G)(1)(b) of~~	3161
~~this section, only the following information from the statewide~~	3162
~~voter registration database regarding a registered voter shall be~~	3163
~~made available on the web site:~~	3164

~~(i) The voter's name;~~

3165

~~(ii) The voter's address;~~

3166

~~(iii) The voter's precinct number;~~

3167

~~(iv) The voter's voting history.~~Beginning not later than six	3168
months after the effective date of this amendment, the secretary	3169
of state's web site shall allow searchable access to the statewide	3170
voter registration database using any combination of the following	3171
search terms: first name, last name, house number, street address,	3172
street name, city, county, or date of birth. None of the search	3173
terms shall be a required field to conduct a search of the	3174
statewide voter registration database, and the search engine shall	3175
allow wildcard search options for partial entries in each field.	3176
The search engine shall permit the return of multiple results, but	3177
may prevent the return of results exceeding one hundred.	3178

(b) ~~During~~Beginning not later than six months after the	3179
effective date of this amendment, during the thirty days before	3180
the day of a primary or general election, the web site interface	3181
of the statewide voter registration database shall permit ~~a voter~~	3182
any person to search for ~~the~~a precinct or polling location at	3183
~~which that voter may cast a ballot~~by address or partial address,	3184
including the use of wildcard search options.	3185

(c) A registered elector whose residential and familial	3186
information is exempt from being a public record under division	3187
(A)(7) of section 149.43 of the Revised Code, or the employer of	3188
such a registered elector, may notify the secretary of state or	3189
the board of elections of the elector's county of residence that	3190
the elector's residential information is exempt from disclosure	3191
under that section. Upon receiving such a notice, the secretary of	3192
state or board of elections shall revise that person's information	3193
in the searchable web site access of the statewide voter	3194
registration database to permit a name search to show only the	3195
person's precinct voting location, but not the person's	3196
residential information.	3197

(2) The secretary of state shall establish, by rule adopted	3198
under Chapter 119. of the Revised Code, a process for boards of	3199
elections to notify the secretary of state of changes in the	3200
locations of precinct polling places for the purpose of updating	3201
the information made available on the secretary of state's web	3202
site under division (G)(1)(b) of this section. Those rules shall	3203
require a board of elections, during the thirty days before the	3204
day of a primary or general election, to notify the secretary of	3205
state within one business day of any change to the location of a	3206
precinct polling place within the county.	3207

(3) During the thirty days before the day of a primary or	3208
general election, not later than one business day after receiving	3209
a notification from a county pursuant to division (G)(2) of this	3210
section that the location of a precinct polling place has changed,	3211
the secretary of state shall update that information on the	3212
secretary of state's web site for the purpose of division	3213
(G)(1)(b) of this section.	3214

Sec. 3503.151. (A) Except as otherwise provided in divisions	3215
(B) and (C) of this section, a board of elections that is	3216
conducting a search of the statewide voter registration database	3217
to verify the registration status of a voter for the purpose of	3218
evaluating an absent voter's ballot application, an absent voter's	3219
ballot, or a provisional ballot shall use the following or a	3220
similar process:	3221

(1) Search using the exact first and last name of the voter,	3222
accompanied by the voter's date of birth;	3223

(2) If the applicable voter is not identified following the	3224
search conducted under division (A)(1) of this section, search	3225
using the last four digits of the voter's social security number;	3226

(3) If the applicable voter is not identified following the	3227
search conducted under division (A)(2) of this section, search	3228
using the first three characters of the first name and the first	3229
four characters of the last name, accompanied by the voter's date	3230
of birth, if available;	3231

(4) If the applicable voter is not identified following the	3232
search conducted under division (A)(3) of this section, search	3233
using the voter's driver's license number or state identification	3234
card number;	3235

(5) If the applicable voter is not identified following the	3236
search conducted under division (A)(4) of this section, search	3237
using the first three characters of the first name and the first	3238
four characters of the last name, accompanied by the last four	3239
digits of the voter's social security number.	3240

(B) If the search process specified under division (A) of	3241
this section returns multiple possible results, the board shall	3242
narrow the search terms as it considers appropriate in order to	3243
identify the specific voter at issue.	3244

(C) The search process specified under division (A) of this	3245
section may be modified as required based on the technology of the	3246
board. If the search process is modified under this division, the	3247
search process to be used to verify the registration status of a	3248
voter shall be made publicly available by the board not later than	3249
sixty days prior to the next primary, special, or general	3250
election.	3251

Sec. 3503.16. (A) Whenever a registered elector changes the	3252
place of residence of that registered elector from one precinct to	3253
another within a county or from one county to another, or has a	3254
change of name, that registered elector shall report the change by	3255
delivering a change of residence or change of name form, whichever	3256
is appropriate, as prescribed by the secretary of state under	3257
section 3503.14 of the Revised Code to the state or local office	3258
of a designated agency, a public high school or vocational school,	3259
a public library, the office of the county treasurer, the office	3260
of the secretary of state, ~~any office of the registrar or deputy~~	3261
~~registrar of motor vehicles,~~ or any office of a board of elections	3262
in person or by a third person. Any voter registration, change of	3263
address, or change of name application, returned by mail, may be	3264
sent only to the secretary of state or the board of elections.	3265

A registered elector also may update the registration of that	3266
registered elector by filing a change of residence or change of	3267
name form onat either of the following times and locations:	3268

(1) On the day of a special, primary, or general election at	3269
the polling place in the precinct in which that registered elector	3270
resides or at the board of elections or at another site designated	3271
by the board;	3272

(2) During the time at which registered electors may cast	3273
absent voter's ballots in person before an election, at any	3274
location at which the elector is eligible to cast an absent	3275
voter's ballot in person for that election.	3276

(B)(1)(a) Any registered elector who moves within a precinct	3277
on or prior to the day of a general, primary, or special election	3278
and has not filed a notice of change of residence with the board	3279
of elections may vote in that election by going to that registered	3280
elector's assigned polling place on the day of the election or by	3281
going to the location at which the elector is eligible to cast	3282
absent voter's ballots in person for that election during the time	3283
absent voter's ballots may be cast in person prior to the day of	3284
that election, completing and signing a notice of change of	3285
residence, showing identification in the form of a current and	3286
valid photo identification, a military identification, or a copy	3287
of a current utility bill, bank statement, government check,	3288
paycheck, or other government document, other than ~~a notice of an~~	3289
~~election mailed by a board of elections under section 3501.19 of~~	3290
~~the Revised Code or~~ a notice of voter registration mailed by a	3291
board of elections under section 3503.19 of the Revised Code, that	3292
shows the name and current address of the elector, and casting a	3293
ballot. ~~If the elector provides either a driver's license or a~~	3294
~~state identification card issued under section 4507.50 of the~~	3295
~~Revised Code that does not contain the elector's current residence~~	3296
~~address, the elector shall provide the last four digits of the~~	3297
~~elector's driver's license number or state identification card~~	3298
~~number, and the precinct election official shall mark the poll~~	3299
~~list or signature pollbook to indicate that the elector has~~	3300
~~provided a driver's license or state identification card number~~	3301
~~with a former address and record the last four digits of the~~	3302
~~elector's driver's license number or state identification card~~	3303
~~number.~~	3304

(b) Any registered elector who changes the name of that	3305
registered elector and remains within a precinct on or prior to	3306
the day of a general, primary, or special election and has not	3307
filed a notice of change of name with the board of elections may	3308
vote in that election by going to that registered elector's	3309
assigned polling place on the day of the election or by going to	3310
the location at which the elector is eligible to cast absent	3311
voter's ballots in person for that election during the time absent	3312
voter's ballots may be cast in person prior to the day of that	3313
election, completing and signing a notice of a change of name, and	3314
casting a provisional ballot under section 3505.181 of the Revised	3315
Code. If the registered elector provides to the precinct election	3316
officials proof of a legal name change, such as a marriage license	3317
or court order that includes the elector's current and prior	3318
names, the elector may complete and sign a notice of change of	3319
name and cast a regular ballot.	3320

(c) If the name offered by a registered elector who appears	3321
to vote differs from the elector's name as it appears in the poll	3322
list or pollbook, and the precinct election officials determine	3323
that the difference in the names is due to clerical error, the	3324
elector may complete and sign a notice of change of name for the	3325
purpose of correcting the clerical error in the voter registration	3326
records and cast a regular ballot.	3327

(2) Any registered elector who moves from one precinct to	3328
another within a county or moves from one precinct to another and	3329
changes the name of that registered elector on or prior to the day	3330
of a general, primary, or special election and has not filed a	3331
notice of change of residence or change of name, whichever is	3332
appropriate, with the board of elections may vote in that election	3333
if that registered elector complies with division (G) of this	3334
section or does all of the following:	3335

(a) Appears ~~at anytime~~ during ~~regular business hours on or~~	3336
~~after the twenty-eighth day prior to the election in which that~~	3337
~~registered elector wishes to vote or, if the election is held on~~	3338
~~the day of a presidential primary election, the twenty-fifth day~~	3339
~~prior to the election, through noon of the Saturday prior to~~ the	3340
time that absent voter's ballots may be cast in person for that	3341
election at the office of the board of elections~~, appears at any~~	3342
~~time during regular business hours on the Monday prior to the~~	3343
~~election at the office of the board of elections~~or, if pursuant	3344
to division (C) of section 3501.10 of the Revised Code, the board	3345
has designated another location at which registered electors may	3346
cast absent voter's ballots in person for that election, at that	3347
other location instead of the office of the board of elections, or	3348
appears on the day of the election at either of the following	3349
locations:	3350

(i) The polling place in the precinct in which that	3351
registered elector resides;	3352

(ii) The office of the board of elections or, if pursuant to	3353
division (C) of section 3501.10 of the Revised Code the board has	3354
designated another location in the county at which registered	3355
electors may vote, at that other location instead of the office of	3356
the board of elections.	3357

(b) Completes and signs, under penalty of election	3358
falsification, the written affirmation on the provisional ballot	3359
envelope, which shall serve as a notice of change of residence or	3360
change of name, whichever is appropriate~~, and files it with~~	3361
~~election officials at the polling place, at the office of the~~	3362
~~board of elections, or, if pursuant to division (C) of section~~	3363
~~3501.10 of the Revised Code the board has designated another~~	3364
~~location in the county at which registered electors may vote, at~~	3365
~~that other location instead of the office of the board of~~	3366
~~elections, whichever is appropriate~~;	3367

(c) Votes a provisional ballot under section 3505.181 of the	3368
Revised Code at the polling place, at the office of the board of	3369
elections, or, if pursuant to division (C) of section 3501.10 of	3370
the Revised Code the board has designated another location in the	3371
county at which registered electors may vote, at that other	3372
location instead of the office of the board of elections,	3373
whichever is appropriate, using the address to which that	3374
registered elector has moved or the name of that registered	3375
elector as changed, whichever is appropriate;	3376

(d) Completes and signs, under penalty of election	3377
falsification, a statement attesting that that registered elector	3378
moved or had a change of name, whichever is appropriate, on or	3379
prior to the day of the election, has voted a provisional ballot	3380
at the polling place in the precinct in which that registered	3381
elector resides, at the office of the board of elections, or, if	3382
pursuant to division (C) of section 3501.10 of the Revised Code	3383
the board has designated another location in the county at which	3384
registered electors may vote, at that other location instead of	3385
the office of the board of elections, whichever is appropriate,	3386
and will not vote or attempt to vote at any other location for	3387
that particular election. ~~The statement required under division~~	3388
~~(B)(2)(d) of this section shall be included on the notice of~~	3389
~~change of residence or change of name, whichever is appropriate,~~	3390
~~required under division (B)(2)(b) of this section.~~	3391

(C) Any registered elector who moves from one county to	3392
another county within the state on or prior to the day of a	3393
general, primary, or special election and has not registered to	3394
vote in the county to which that registered elector moved may vote	3395
in that election if that registered elector complies with division	3396
(G) of this section or does all of the following:	3397

(1) Appears ~~at any time~~ during ~~regular business hours on or~~	3398
~~after the twenty-eighth day prior to the election in which that~~	3399
~~registered elector wishes to vote or, if the election is held on~~	3400
~~the day of a presidential primary election, the twenty-fifth day~~	3401
~~prior to the election, through noon of the Saturday prior to~~ the	3402
time that absent voter's ballots may be cast in person for that	3403
election at the office of the board of elections or, if pursuant	3404
to division (C) of section 3501.10 of the Revised Code the board	3405
has designated another location in the county at which registered	3406
electors may ~~vote~~cast absent voter's ballots in person for that	3407
election, at that other location instead of the office of the	3408
board of elections, ~~appears during regular business hours on the~~	3409
~~Monday prior to the election at the office of the board of~~	3410
~~elections or, if pursuant to division (C) of section 3501.10 of~~	3411
~~the Revised Code the board has designated another location in the~~	3412
~~county at which registered electors may vote, at that other~~	3413
~~location instead of the office of the board of elections,~~ or	3414
appears on the day of the election at the office of the board of	3415
elections or, if pursuant to division (C) of section 3501.10 of	3416
the Revised Code the board has designated another location in the	3417
county at which registered electors may vote, at that other	3418
location instead of the office of the board of elections;	3419

(2) Completes and signs, under penalty of election	3420
falsification, the written affirmation on the provisional ballot	3421
envelope, which shall serve as a notice of change of residence ~~and~~	3422
~~files it with election officials at the board of elections or, if~~	3423
~~pursuant to division (C) of section 3501.10 of the Revised Code~~	3424
~~the board has designated another location in the county at which~~	3425
~~registered electors may vote, at that other location instead of~~	3426
~~the office of the board of elections~~;	3427

(3) Votes a provisional ballot under section 3505.181 of the	3428
Revised Code at the office of the board of elections or, if	3429
pursuant to division (C) of section 3501.10 of the Revised Code	3430
the board has designated another location in the county at which	3431
registered electors may vote, at that other location instead of	3432
the office of the board of elections, using the address to which	3433
that registered elector has moved;	3434

(4) Completes and signs, under penalty of election	3435
falsification, a statement attesting that that registered elector	3436
has moved from one county to another county within the state on or	3437
prior to the day of the election, has voted at the office of the	3438
board of elections or, if pursuant to division (C) of section	3439
3501.10 of the Revised Code the board has designated another	3440
location in the county at which registered electors may vote, at	3441
that other location instead of the office of the board of	3442
elections, and will not vote or attempt to vote at any other	3443
location for that particular election. ~~The statement required~~	3444
~~under division (C)(4) of this section shall be included on the~~	3445
~~notice of change of residence required under division (C)(2) of~~	3446
~~this section.~~	3447

(D) A person who votes by absent voter's ballots pursuant to	3448
division (G) of this section shall not make written application	3449
for the ballots pursuant to Chapter 3509. of the Revised Code.	3450
Ballots cast pursuant to division (G) of this section shall be set	3451
aside in a special envelope and counted during the official	3452
canvass of votes in the manner provided for in sections 3505.32	3453
and 3509.06 of the Revised Code insofar as that manner is	3454
applicable. The board shall examine the pollbooks to verify that	3455
no ballot was cast at the polls or by absent voter's ballots under	3456
Chapter 3509. or 3511. of the Revised Code by an elector who has	3457
voted by absent voter's ballots pursuant to division (G) of this	3458
section. Any ballot determined to be insufficient for any of the	3459
reasons stated above or stated in section 3509.07 of the Revised	3460
Code shall not be counted.	3461

Subject to division (C) of section 3501.10 of the Revised	3462
Code, a board of elections may lease or otherwise acquire a site	3463
different from the office of the board at which registered	3464
electors may vote pursuant to division (B) or (C) of this section.	3465

(E) Upon receiving a notice of change of residence or change	3466
of name ~~form~~, the board of elections shall immediately send the	3467
registrant an acknowledgment notice. If the change of residence or	3468
change of name ~~form~~notice is valid, the board shall update the	3469
voter's registration as appropriate. If that ~~form~~notice is	3470
incomplete, the board shall inform the registrant in the	3471
acknowledgment notice specified in this division of the	3472
information necessary to complete or update that registrant's	3473
registration.	3474

(F) Change of residence and change of name forms shall be	3475
available at each polling place, and when these forms are	3476
completed, noting changes of residence or name, as appropriate,	3477
they shall be filed with election officials at the polling place.	3478
Election officials shall return completed forms, together with the	3479
pollbooks and tally sheets, to the board of elections.	3480

The board of elections shall provide change of residence and	3481
change of name forms to the probate court and court of common	3482
pleas. The court shall provide the forms to any person eighteen	3483
years of age or older who has a change of name by order of the	3484
court or who applies for a marriage license. The court shall	3485
forward all completed forms to the board of elections within five	3486
days after receiving them.	3487

(G) A registered elector who otherwise would qualify to vote	3488
under division (B) or (C) of this section but is unable to appear	3489
at the office of the board of elections or, if pursuant to	3490
division (C) of section 3501.10 of the Revised Code the board has	3491
designated another location in the county at which registered	3492
electors may vote, at that other location, on account of personal	3493
illness, physical disability, or infirmity, may vote on the day of	3494
the election if that registered elector does all of the following:	3495

(1) Makes ~~a written~~ application in writing, by facsimile	3496
transmission, or by electronic mail that includes all of the	3497
information required under section 3509.03 of the Revised Code to	3498
the appropriate board for an absent voter's ballot ~~on or after the~~	3499
~~twenty-seventh day prior to the election in which the registered~~	3500
~~elector wishes to vote through~~during the time that absent voter's	3501
ballots may be cast in person for that election, but not later	3502
than noon of the Saturday prior to that election and requests that	3503
the absent voter's ballot be sent to the address to which the	3504
registered elector has moved if the registered elector has moved,	3505
or to the address of that registered elector who has not moved but	3506
has had a change of name;	3507

(2) Declares that the registered elector has moved or had a	3508
change of name, whichever is appropriate, and otherwise is	3509
qualified to vote under the circumstances described in division	3510
(B) or (C) of this section, whichever is appropriate, but that the	3511
registered elector is unable to appear at the board of elections	3512
because of personal illness, physical disability, or infirmity;	3513

(3) Completes and returns along with the completed absent	3514
voter's ballot a notice of change of residence indicating the	3515
address to which the registered elector has moved, or a notice of	3516
change of name, whichever is appropriate;	3517

(4) Completes and signs, under penalty of election	3518
falsification, a statement attesting that the registered elector	3519
has moved or had a change of name on or prior to the day before	3520
the election, has voted by absent voter's ballot because of	3521
personal illness, physical disability, or infirmity that prevented	3522
the registered elector from appearing at the board of elections,	3523
and will not vote or attempt to vote at any other location or by	3524
absent voter's ballot mailed to any other location or address for	3525
that particular election.	3526

(5) Any elector who applies for an absent voter's ballot	3527
under division (G)(1) of this section by facsimile transmission or	3528
electronic mail shall include a paper application for those	3529
ballots that includes the elector's signature in the return	3530
envelope with the elector's completed absent voter's ballots.	3531

Sec. 3503.18. (A)(1) The chief health officer of each	3532
political subdivision and the director of health shall file with	3533
the secretary of state and each board of elections, at least once	3534
each month, the names, social security numbers, dates of birth,	3535
dates of death, and residences of all persons, over eighteen years	3536
of age, who have died within such subdivision or within this state	3537
or another state, respectively, within such month.	3538

(2) The secretary of state and the director of health shall	3539
jointly establish a secure electronic system through which they	3540
shall exchange the information described in division (A)(1) of	3541
this section regarding the death of a registered elector.	3542

(B) At least once each month, each probate judge in this	3543
state shall file with the board of elections the names and	3544
residence addresses of all persons over eighteen years of age who	3545
have been adjudicated incompetent for the purpose of voting, as	3546
provided in section 5122.301 of the Revised Code. At	3547

(C) At least once each month the clerk of the court of common	3548
pleas shall file with the board the names and residence addresses	3549
of all persons who have been convicted during the previous month	3550
of crimes that would disfranchise such persons under existing laws	3551
of the state. Reports of conviction of crimes under the laws of	3552
the United States that would disfranchise an elector and that are	3553
provided to the secretary of state by any United States attorney	3554
shall be forwarded by the secretary of state to the appropriate	3555
board of elections.	3556

(D) Upon receiving a report required by this section, the	3557
secretary of state or board of elections shall promptly ~~cancel the~~	3558
~~registration of~~send a notice to the registration address of each	3559
elector named in the report that the individual's voter	3560
registration will be canceled unless the information in the report	3561
is disputed within thirty days. If the information in the report	3562
is not disputed within thirty days after the notice is sent, the	3563
secretary of state or board of elections shall promptly cancel the	3564
registration of the elector. If the report contains a residence	3565
address of an elector in a county other than the county in which	3566
the board of elections is located, the director shall promptly	3567
send a copy of the report to the appropriate board of elections,	3568
which shall ~~cancel the registration~~follow the process specified	3569
in this division.	3570

(E) If an individual whose registration has been canceled	3571
under this section appears to vote and casts a provisional ballot	3572
following that cancellation, the applicable board of elections	3573
shall investigate the cancellation and determine whether the	3574
cancellation was made in error. If the board determines that the	3575
cancellation was made in error, the elector's registration shall	3576
be reinstated and the provisional ballot cast following that	3577
cancellation shall be counted.	3578

Sec. 3503.19. (A) Persons qualified to register or to change	3579
their registration because of a change of address or change of	3580
name may register or change their registration in person at any	3581
state or local office of a designated agency, ~~at the office of the~~	3582
~~registrar or any deputy registrar of motor vehicles,~~ at a public	3583
high school or vocational school, at a public library, at the	3584
office of a county treasurer, or at a branch office established by	3585
the board of elections, or in person, through another person, or	3586
by mail at the office of the secretary of state or at the office	3587
of a board of elections. A registered elector may also change the	3588
elector's registration on election day at any polling place where	3589
the elector is eligible to vote, in the manner provided under	3590
section 3503.16 of the Revised Code.	3591

Any state or local office of a designated agency, ~~the office~~	3592
~~of the registrar or any deputy registrar of motor vehicles,~~ a	3593
public high school or vocational school, a public library, or the	3594
office of a county treasurer shall transmit any voter registration	3595
application or change of registration form that it receives to the	3596
board of elections of the county in which the state or local	3597
office is located, within five days after receiving the voter	3598
registration application or change of registration form.	3599

An otherwise valid voter registration application that is	3600
returned to the appropriate office other than by mail must be	3601
received by a state or local office of a designated agency, ~~the~~	3602
~~office of the registrar or any deputy registrar of motor vehicles,~~	3603
a public high school or vocational school, a public library, the	3604
office of a county treasurer, the office of the secretary of	3605
state, or the office of a board of elections no later than the	3606
thirtieth day preceding a primary, special, or general election	3607
for the person to qualify as an elector eligible to vote at that	3608
election. An otherwise valid registration application received	3609
after that day entitles the elector to vote at all subsequent	3610
elections.	3611

Any state or local office of a designated agency, ~~the office~~	3612
~~of the registrar or any deputy registrar of motor vehicles,~~ a	3613
public high school or vocational school, a public library, or the	3614
office of a county treasurer shall date stamp a registration	3615
application or change of name or change of address form it	3616
receives using a date stamp that does not disclose the identity of	3617
the state or local office that receives the registration.	3618

Voter registration applications, if otherwise valid, that are	3619
returned by mail to the office of the secretary of state or to the	3620
office of a board of elections must be postmarked no later than	3621
the thirtieth day preceding a primary, special, or general	3622
election in order for the person to qualify as an elector eligible	3623
to vote at that election. If an otherwise valid voter registration	3624
application that is returned by mail does not bear a postmark or a	3625
legible postmark, the registration shall be valid for that	3626
election if received by the office of the secretary of state or	3627
the office of a board of elections no later than twenty-five days	3628
preceding any special, primary, or general election.	3629

(B)(1) Any person may apply in person, by telephone, by mail,	3630
or through another person for voter registration forms to the	3631
office of the secretary of state or the office of a board of	3632
elections. An individual who is eligible to vote as a uniformed	3633
services voter or an overseas voter in accordance with 42 U.S.C.	3634
1973ff-6 also may apply for voter registration forms by electronic	3635
means to the office of the secretary of state or to the board of	3636
elections of the county in which the person's voting residence is	3637
located pursuant to section 3503.191 of the Revised Code.	3638

(2)(a) An applicant may return the applicant's completed	3639
registration form in person or by mail to any state or local	3640
office of a designated agency, to a public high school or	3641
vocational school, to a public library, to the office of a county	3642
treasurer, to the office of the secretary of state, or to the	3643
office of a board of elections. An applicant who is eligible to	3644
vote as a uniformed services voter or an overseas voter in	3645
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's	3646
completed voter registration form electronically to the office of	3647
the secretary of state or to the board of elections of the county	3648
in which the person's voting residence is located pursuant to	3649
section 3503.191 of the Revised Code.	3650

(b) ~~Subject to division (B)(2)(c) of this section, an~~An	3651
applicant may return the applicant's completed registration form	3652
through another person to any board of elections or the office of	3653
the secretary of state.	3654

(c) ~~A person who receives compensation for registering a~~	3655
~~voter shall return any registration form entrusted to that person~~	3656
~~by an applicant to any board of elections or to the office of the~~	3657
~~secretary of state.~~	3658

~~(d)~~ If a board of elections or the office of the secretary of	3659
state receives a registration form under division (B)(2)(b) ~~or (c)~~	3660
of this section before the thirtieth day before an election, the	3661
board or the office of the secretary of state, as applicable,	3662
shall forward the registration to the board of elections of the	3663
county in which the applicant is seeking to register to vote	3664
within ten days after receiving the application. If a board of	3665
elections or the office of the secretary of state receives a	3666
registration form under division (B)(2)(b) ~~or (c)~~ of this section	3667
on or after the thirtieth day before an election, the board or the	3668
office of the secretary of state, as applicable, shall forward the	3669
registration to the board of elections of the county in which the	3670
applicant is seeking to register to vote within thirty days after	3671
that election.	3672

(C)(1) A board of elections that receives a voter	3673
registration application and is satisfied as to the truth of the	3674
statements made in the registration form shall register the	3675
applicant not later than twenty business days after receiving the	3676
application, unless that application is received during the thirty	3677
days immediately preceding the day of an election. The board shall	3678
promptly notify the applicant in writing of each of the following:	3679

(a) The applicant's registration;

3680

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

3681

3682

"Voters must bring identification to the polls in order to	3683
verify identity. Identification may include a current and valid	3684
photo identification, a military identification, or a copy of a	3685
current utility bill, bank statement, government check, paycheck,	3686
or other government document, other than this notification ~~or a~~	3687
~~notification of an election mailed by a board of elections~~, that	3688
shows the voter's name and current address. Voters who do not	3689
provide one of these documents will still be able to vote by	3690
casting a provisional ballot. Voters who do not have any of the	3691
above forms of identification, including a social security number,	3692
will still be able to vote by signing an affirmation swearing to	3693
the voter's identity under penalty of election falsification and	3694
by casting a provisional ballot."	3695

The notification shall be by nonforwardable mail. If the mail	3696
is returned to the board, it shall investigate and cause the	3697
notification to be delivered to the correct address.	3698

(2) If, after investigating as required under division (C)(1)	3699
of this section, the board is unable to verify the voter's correct	3700
address, it shall cause the voter's name in the official	3701
registration list and in the poll list or signature pollbook to be	3702
marked to indicate that the voter's notification was returned to	3703
the board.	3704

At the first election at which a voter whose name has been so	3705
marked appears to vote, the voter shall be required to provide	3706
identification to the election officials and to vote by	3707
provisional ballot under section 3505.181 of the Revised Code. If	3708
the provisional ballot is counted pursuant to division (B)(3) of	3709
section 3505.183 of the Revised Code, the board shall correct that	3710
voter's registration, if needed, and shall remove the indication	3711
that the voter's notification was returned from that voter's name	3712
on the official registration list and on the poll list or	3713
signature pollbook. If the provisional ballot is not counted	3714
pursuant to division (B)(4)(a)(i), (v), or (vi) of section	3715
3505.183 of the Revised Code, the voter's registration shall be	3716
canceled. The board shall notify the voter by United States mail	3717
of the cancellation.	3718

(3) If a notice of the disposition of an otherwise valid	3719
registration application is sent by nonforwardable mail and is	3720
returned undelivered, the person shall be registered as provided	3721
in division (C)(2) of this section and sent a confirmation notice	3722
by forwardable mail. If the person fails to respond to the	3723
confirmation notice, update the person's registration, or vote by	3724
provisional ballot as provided in division (C)(2) of this section	3725
in any election during the period of two federal elections	3726
subsequent to the mailing of the confirmation notice, the person's	3727
registration shall be canceled.	3728

(4) If a voter registration application is received by the	3729
board of elections prior to the deadline for registering to vote	3730
before an election and that registration application is incomplete	3731
or in some way deficient, the board of elections may contact the	3732
applicant using whatever means is deemed appropriate by the board	3733
of elections in consideration of the timeframe needed to meet	3734
applicable deadlines and the effort needed to complete or cure the	3735
deficiency, to notify the applicant of the deficiency. Whenever	3736
possible, the board shall complete the application, or correct any	3737
deficiency, by confirming information with the applicant via	3738
telephone, facsimile transmission, electronic mail, or postal	3739
mail.	3740

If the applicant completes the application or cures the	3741
deficiency not later than ten days before the day of that	3742
election, all of the following shall apply:	3743

(a) The applicant shall be considered to have registered to	3744
vote in a timely manner for that election;	3745

(b) The board shall register the applicant to vote and send	3746
the notice required by division (C)(1) of this section to the	3747
applicant;	3748

3749

Sec. 3503.20. (A) The secretary of state, by rule, shall	3750
establish a secure online process for voter registration. The	3751
rules shall provide for all of the following:	3752

(1) An applicant to submit a voter registration application	3753
to the secretary of state online through the internet;	3754

(2) The online applicant to be registered to vote, if all of	3755
the following apply:	3756

(a) The application contains all of the required information,	3757
including the last four digits of the applicant's social security	3758
number;	3759

(b) The applicant is qualified to register to vote; and

3760

(c) The applicant attests to the truth and accuracy of the	3761
information submitted in the online application under penalty of	3762
election falsification using the applicant's Ohio driver's license	3763
number or the applicant's Ohio identification card number as proof	3764
of the applicant's identity.	3765

(B) If an individual registers to vote or a registered	3766
elector updates the elector's name, address, or both under this	3767
section, the secretary of state shall obtain an electronic copy of	3768
the applicant's or elector's signature that is on file with the	3769
bureau of motor vehicles. That electronic signature shall be used	3770
as the applicant's or elector's signature on voter registration	3771
records, for all election and signature-matching purposes.	3772

(C) The secretary of state shall employ whatever security	3773
measures the secretary considers necessary to ensure the integrity	3774
and accuracy of voter registration information submitted	3775
electronically pursuant to this section.	3776

(D) The online voter registration application established	3777
under division (A) of this section shall include the following	3778
language:	3779

"By clicking the box below, I affirm all of the following	3780
under penalty of election falsification:	3781

(1) I am the person whose name and identifying information is	3782
provided on this form, and I desire to register to vote, or update	3783
my voter registration, in the State of Ohio.	3784

(2) All of the information I have provided on this form is	3785
true and correct as of the date I am submitting this form.	3786

(3) I authorize the Bureau of Motor Vehicles to transmit to	3787
the Ohio Secretary of State my signature that is on file with the	3788
Bureau of Motor Vehicles, and I understand and agree that the	3789
signature transmitted by the Bureau of Motor Vehicles will be used	3790
by the Secretary of State to validate this electronic voter	3791
registration application as if I had signed this form personally."	3792

In order to register to vote or update a voter registration	3793
under division (A) of this section, an applicant or elector shall	3794
be required to mark the box in the online voter registration	3795
application that appears in conjunction with the previous	3796
statement.	3797

(E) The online voter registration process established under	3798
division (A) of this section shall be in operation and available	3799
for use by individuals who wish to register to vote or update	3800
their voter registration information online not later than one	3801
year after the effective date of this section.	3802

Sec. 3503.21. (A) The registration of a registered elector	3803
shall be canceled upon the occurrence of any of the following:	3804

(1) The filing by a registered elector of a written request	3805
with a board of elections, on a form prescribed by the secretary	3806
of state and signed by the elector, that the registration be	3807
canceled. The filing of such a request does not prohibit an	3808
otherwise qualified elector from reregistering to vote at any	3809
time.	3810

(2) The conviction of the registered elector of a felony	3811
under the laws of this state, any other state, or the United	3812
States as provided in section 2961.01 of the Revised Code;	3813

(3) The adjudication of incompetency of the registered	3814
elector for the purpose of voting as provided in section 5122.301	3815
of the Revised Code;	3816

(4) The filing of a notice of the death of the registered	3817
elector as provided in section 3503.18 of the Revised Code;	3818

(5) The change of residence of the registered elector to a	3819
location outside the county of registration in accordance with	3820
division (B) of this section;	3821

(6) The failure of the registered elector, after having been	3822
mailed a confirmation notice, to do either of the following:	3823

(a) Respond to such a notice and vote at least once during a	3824
period of four consecutive years, which period shall include two	3825
general federal elections;	3826

(b) Update the elector's registration and vote at least once	3827
during a period of four consecutive years, which period shall	3828
include two general federal elections.	3829

(B)(1) The secretary of state shall prescribe procedures to	3830
identify and cancel the registration in a prior county of	3831
residence of any registrant who changes the registrant's voting	3832
residence to a location outside the registrant's current county of	3833
registration. Any procedures prescribed in this division shall be	3834
uniform and nondiscriminatory, and shall comply with the Voting	3835
Rights Act of 1965. The secretary of state may prescribe	3836
procedures under this division that include the use of the	3837
national change of address service provided by the United States	3838
postal system through its licensees. Any program so prescribed	3839
shall be completed not later than ninety days prior to the date of	3840
any primary or general election for federal office.	3841

(2) The registration of any elector identified as having	3842
changed the elector's voting residence to a location outside the	3843
elector's current county of registration shall not be canceled	3844
unless the registrant is sent a confirmation notice on a form	3845
prescribed by the secretary of state and the registrant fails to	3846
respond to the confirmation notice or otherwise update the	3847
registration and fails to vote in any election during the period	3848
of two federal elections subsequent to the mailing of the	3849
confirmation notice.	3850

(3) At the time an elector's voter registration is canceled	3851
under division (B)(2) of this section, following a period of two	3852
federal elections subsequent to the mailing of a confirmation	3853
notice, a notice that the elector's voter registration has been	3854
canceled shall be mailed to the elector's last known address.	3855

(C) The registration of a registered elector shall not be	3856
canceled except as provided in this section, division (Q) of	3857
section 3501.05 of the Revised Code, division (C)(2) of section	3858
3503.19 of the Revised Code, or division (C) of section 3503.24 of	3859
the Revised Code.	3860

(D) Boards of elections shall send their voter registration	3861
information to the secretary of state as required under section	3862
3503.15 of the Revised Code. In the first quarter of each	3863
odd-numbered year, the secretary of state shall send the	3864
information to the national change of address service described in	3865
division (B) of this section and request that service to provide	3866
the secretary of state with a list of any voters sent by the	3867
secretary of state who have moved within the last thirty-six	3868
months. The secretary of state shall transmit to each appropriate	3869
board of elections whatever lists the secretary of state receives	3870
from that service. The board shall send a notice to each person on	3871
the list transmitted by the secretary of state requesting	3872
confirmation of the person's change of address, together with a	3873
postage prepaid, preaddressed return envelope containing a form on	3874
which the voter may verify or correct the change of address	3875
information.	3876

(E) The registration of a registered elector described in	3877
division (A)(6) or (B)(2) of this section shall be canceled not	3878
later than one hundred twenty days after the date of the second	3879
general federal election in which the elector fails to vote or not	3880
later than one hundred twenty days after the expiration of the	3881
four-year period in which the elector fails to vote or respond to	3882
a confirmation notice, whichever is later.	3883

Sec. 3503.24. (A) Application for the correction of any	3884
precinct registration list or a challenge of the right to vote of	3885
any registered elector may be made by any qualified elector of the	3886
county at the office of the board of elections not later than	3887
twenty days prior to the election. The elector making the	3888
challenge shall have personal knowledge of the grounds for the	3889
challenge. The applications or challenges, with the reasons for	3890
the application or challenge, shall be filed with the board on a	3891
form prescribed by the secretary of state and shall be signed	3892
under penalty of election falsification.	3893

(B) On receiving an application or challenge filed under this	3894
section, the board of elections promptly shall review the board's	3895
records. If the board is able to determine that an application or	3896
challenge should be ~~granted or~~ denied solely on the basis of the	3897
records maintained by the board, the board immediately shall vote	3898
to ~~grant or~~ deny that application or challenge.	3899

If the board is not able to determine whether an application	3900
or challenge should be ~~granted or~~ denied solely on the basis of	3901
the records maintained by the board, the director shall promptly	3902
set a time and date for a hearing before the board. Except as	3903
otherwise provided in division (D) of this section, the hearing	3904
shall be held, and the application or challenge shall be decided,	3905
no later than ten days after the board receives the application or	3906
challenge. The director shall send written notice to any elector	3907
whose right to vote is challenged and to any person whose name is	3908
alleged to have been omitted from a registration list. The notice	3909
shall inform the person of the time and date of the hearing, and	3910
of the person's right to appear and testify, call witnesses, and	3911
be represented by counsel. The notice shall be sent by first class	3912
mail no later than three days before the day of any scheduled	3913
hearing. The director shall also provide the person who filed the	3914
application or challenge with such written notice of the date and	3915
time of the hearing.	3916

At the request of either party or any member of the board,	3917
the board shall issue subpoenas to witnesses to appear and testify	3918
before the board at a hearing held under this section. All	3919
witnesses shall testify under oath. The board shall reach a	3920
decision on all applications and challenges immediately after	3921
hearing.	3922

(C) If, by the affirmative vote of at least three members of	3923
the board, the board decides that any such person is not entitled	3924
to have the person's name on the registration list, the person's	3925
name shall be removed from the list and the person's registration	3926
forms canceled. If the board decides that the name of any such	3927
person should appear on the registration list, it shall be added	3928
to the list, and the person's registration forms placed in the	3929
proper registration files. All such corrections and additions	3930
shall be made on a copy of the precinct lists, which shall	3931
constitute the poll lists, to be furnished to the respective	3932
precincts with other election supplies on the day preceding the	3933
election, to be used by the election officials in receiving the	3934
signatures of voters and in checking against the registration	3935
forms.	3936

(D)(1) If an application or challenge for which a hearing is	3937
required to be conducted under division (B) of this section is	3938
filed after the thirtieth day before the day of an election, the	3939
board of elections, in its discretion, may postpone that hearing	3940
and any notifications of that hearing until after the day of the	3941
election. Any hearing postponed under this division shall be	3942
conducted not later than ten days after the day of the election.	3943

(2) The board of elections shall cause the name of any	3944
registered elector whose registration is challenged and whose	3945
challenge hearing is postponed under division (D)(1) of this	3946
section to be marked in the official registration list and in the	3947
poll list or signature pollbook for that elector's precinct to	3948
indicate that the elector's registration is subject to challenge.	3949

(3) Any elector who is the subject of an application or	3950
challenge hearing that is postponed under division (D)(1) of this	3951
section shall be permitted to vote a provisional ballot under	3952
section 3505.181 of the Revised Code. The validity of a	3953
provisional ballot cast pursuant to this section shall be	3954
determined in accordance with section 3505.183 of the Revised	3955
Code, except that no such provisional ballot shall be counted	3956
unless the hearing conducted under division (B) of this section	3957
after the day of the election results in the elector's inclusion	3958
in the official registration list.	3959

(E) If the board of elections determines that a challenge is	3960
frivolous or not based upon the personal knowledge of the person	3961
making the challenge, the board may order the person making the	3962
challenge to pay both of the following:	3963

(1) The administrative costs of the board incurred in	3964
investigating the challenge and conducting the hearing, if a	3965
hearing is required;	3966

(2) Any costs incurred by the subject of the challenge in	3967
defending the person's right to vote.	3968

Sec. 3503.26. (A) All registration forms and lists, when not	3969
in official use by the registrars or ~~judges of elections~~precinct	3970
election officials, shall be in the possession of the board of	3971
elections. Names and addresses of electors may be copied from the	3972
registration lists only in the office of the board when it is open	3973
for business; but no such copying shall be permitted during the	3974
period of time commencing twenty-one days before an election and	3975
ending on the eleventh day after an election if such copying will,	3976
in the opinion of the board, interfere with the necessary work of	3977
the board. The board shall keep in convenient form and available	3978
for public inspection a correct set of the registration lists of	3979
all precincts in the county.	3980

(B) Notwithstanding division (A) of this section the board of	3981
elections shall maintain and make available for public inspection	3982
and copying at a reasonable cost all records concerning the	3983
implementation of programs and activities conducted for the	3984
purpose of ensuring the accuracy and currency of voter	3985
registration lists, including the names and addresses of all	3986
registered electors sent confirmation notices and whether or not	3987
the elector responded to the confirmation notice. The board shall	3988
maintain all records described in this division for a period of	3989
two years.	3990

Sec. 3503.28. (A) The secretary of state shall develop an	3991
information brochure regarding voter registration. The brochure	3992
shall include, but is not limited to, all of the following	3993
information:	3994

(1) The applicable deadlines for registering to vote or for	3995
returning an applicant's completed registration form;	3996

(2) ~~The applicable deadline for returning an applicant's~~	3997
~~completed registration form if the person returning the form is~~	3998
~~being compensated for registering voters;~~	3999

~~(3)~~ The locations to which a person may return an applicant's	4000
completed registration form;	4001

~~(4) The location to which a person who is compensated for~~	4002
~~registering voters may return an applicant's completed~~	4003
~~registration form;~~	4004

~~(5) The registration and affirmation requirements applicable~~	4005
~~to persons who are compensated for registering voters under~~	4006
~~section 3503.29 of the Revised Code;~~	4007

~~(6)~~(3) A notice, which shall be written in bold type, stating	4008
as follows:	4009

"Voters must bring identification to the polls in order to	4010
verify identity. Identification may include a current and valid	4011
photo identification, a military identification, or a copy of a	4012
current utility bill, bank statement, government check, paycheck,	4013
or other government document, other than ~~a notice of an election~~	4014
or a voter registration notification sent by a board of elections,	4015
that shows the voter's name and current address. Voters who do not	4016
provide one of these documents will still be able to vote by	4017
casting a provisional ballot. Voters who do not have any of the	4018
above forms of identification, including a social security number,	4019
will still be able to vote by signing an affirmation swearing to	4020
the voter's identity under penalty of election falsification and	4021
by casting a provisional ballot."	4022

(B) Except as otherwise provided in division (D) of this	4023
section, a board of elections, designated agency, public high	4024
school, public vocational school, public library, or office of a	4025
county treasurer~~, or deputy registrar of motor vehicles~~ shall	4026
distribute a copy of the brochure developed under division (A) of	4027
this section to any person who requests more than two voter	4028
registration forms at one time.	4029

(C)(1) The secretary of state shall provide the information	4030
required to be included in the brochure developed under division	4031
(A) of this section to any person who prints a voter registration	4032
form that is made available on a web site of the office of the	4033
secretary of state.	4034

(2) If a board of elections operates and maintains a web	4035
site, the board shall provide the information required to be	4036
included in the brochure developed under division (A) of this	4037
section to any person who prints a voter registration form that is	4038
made available on that web site.	4039

(D) A board of elections shall not be required to distribute	4040
a copy of a brochure under division (B) of this section to any of	4041
the following officials or employees who are requesting more than	4042
two voter registration forms at one time in the course of the	4043
official's or employee's normal duties:	4044

(1) An election official;

4045

(2) A county treasurer;

4046

(3) ~~A deputy registrar of motor vehicles;~~

4047

~~(4)~~ An employee of a designated agency;

4048

~~(5)~~(4) An employee of a public high school;

4049

~~(6)~~(5) An employee of a public vocational school;

4050

~~(7)~~(6) An employee of a public library;

4051

~~(8)~~(7) An employee of the office of a county treasurer;

4052

~~(9) An employee of the bureau of motor vehicles;~~

4053

~~(10) An employee of a deputy registrar of motor vehicles;~~

4054

~~(11)~~(8) An employee of an election official.

4055

~~(E) As used in this section, "registering voters" includes~~	4056
~~any effort, for compensation, to provide voter registration forms~~	4057
~~or to assist persons in completing or returning those forms.~~	4058

Sec. 3505.03. On the office type ballot shall be printed the	4059
names of all candidates for election to offices, except judicial	4060
offices, who were nominated at the most recent primary election as	4061
candidates of a political party or who were nominated in	4062
accordance with section 3513.02 of the Revised Code, and the names	4063
of all candidates for election to offices who were nominated by	4064
nominating petitions, except candidates for judicial offices, for	4065
member of the state board of education, for member of a board of	4066
education, for municipal offices, and for township offices.	4067

The face of the ballot below the stub, if ballot stubs are	4068
being used, shall be substantially in the following form:	4069

"OFFICIAL OFFICE TYPE BALLOT	4070

(A) To vote for a candidate record your vote in the manner	4071
provided next to the name of such candidate.	4072

(B) If you tear, soil, deface, or erroneously mark this	4073
ballot, return it to the precinct election officers or, if you	4074
cannot return it, notify the precinct election officers, and	4075
obtain another ballot."	4076

The order in which the offices shall be listed on the ballot	4077
shall be prescribed by, and certified to each board of elections	4078
by, the secretary of state; provided that for state, district, and	4079
county offices the order from top to bottom shall be as follows:	4080
governor and lieutenant governor, attorney general, auditor of	4081
state, secretary of state, treasurer of state, United States	4082
senator, representative to congress, state senator, state	4083
representative, county commissioner, county auditor, prosecuting	4084
attorney, clerk of the court of common pleas, sheriff, county	4085
recorder, county treasurer, county engineer, and coroner. The	4086
offices of governor and lieutenant governor shall be printed on	4087
the ballot in a manner that requires a voter to cast one vote	4088
jointly for the candidates who have been nominated by the same	4089
political party or petition.	4090

The names of all candidates for an office shall be arranged	4091
in a group under the title of that office, and, except for	4092
absentee ballots or when the number of candidates for a particular	4093
office is the same as the number of candidates to be elected for	4094
that office, shall be rotated from one precinct to another. On	4095
absentee ballots, the names of all candidates for an office shall	4096
be arranged in a group under the title of that office and shall be	4097
so alternated that each name shall appear, insofar as may be	4098
reasonably possible, substantially an equal number of times at the	4099
beginning, at the end, and in each intermediate place, if any, of	4100
the group in which such name belongs, unless the number of	4101
candidates for a particular office is the same as the number of	4102
candidates to be elected for that office.	4103

The method of printing the ballots to meet the rotation	4104
requirement of this section shall be as follows: the least common	4105
multiple of the number of names in each of the several groups of	4106
candidates shall be used, and the number of changes made in the	4107
printer's forms in printing the ballots shall correspond with that	4108
multiple. The board of elections shall number all precincts in	4109
regular serial sequence. In the first precinct, the names of the	4110
candidates in each group shall be listed in alphabetical order. In	4111
each succeeding precinct, the name in each group that is listed	4112
first in the preceding precinct shall be listed last, and the name	4113
of each candidate shall be moved up one place. In each precinct	4114
using paper ballots, the printed ballots shall then be assembled	4115
in tablets.	4116

Under the name of each candidate nominated at a primary	4117
election and each candidate certified by a party committee to fill	4118
a vacancy under section 3513.31 of the Revised Code shall be	4119
printed, in less prominent type face than that in which the	4120
candidate's name is printed, the name of the political party by	4121
which the candidate was nominated or certified. Under the name of	4122
each candidate appearing on the ballot who filed a nominating	4123
petition and requested a ballot designation as a nonparty	4124
candidate under section 3513.257 of the Revised Code shall be	4125
printed, in less prominent type face than that in which the	4126
candidate's name is printed, the designation of "nonparty	4127
candidate." Under the name of each candidate appearing on the	4128
ballot who filed a nominating petition and requested a ballot	4129
designation as an other-party candidate under section 3513.257 of	4130
the Revised Code shall be printed, in less prominent type face	4131
than that in which the candidate's name is printed, the	4132
designation of "other-party candidate." No designation shall	4133
appear under the name of a candidate appearing on the ballot who	4134
filed a nominating petition and requested that no ballot	4135
designation appear under the candidate's name under section	4136
3513.257 of the Revised Code, or who filed a nominating petition	4137
and failed to request a ballot designation either as a nonparty	4138
candidate or as an other-party candidate under that section.	4139

Except as provided in this section, no words, designations,	4140
or emblems descriptive of a candidate or the candidate's political	4141
affiliation, or indicative of the method by which the candidate	4142
was nominated or certified, shall be printed under or after a	4143
candidate's name that is printed on the ballot.	4144

Sec. 3505.04. On the nonpartisan ballot shall be printed the	4145
names of all nonpartisan candidates for election to judicial	4146
office, office of member of the state board of education, office	4147
of member of a board of education, municipal or township offices	4148
for municipal corporations and townships in which primary	4149
elections are not held for nomination of candidates by political	4150
parties, and municipal offices of municipal corporations having	4151
charters which provide for separate ballots for elections for such	4152
municipal offices.	4153

Such ballots shall have printed across the top, and below the	4154
stubs, if ballot stubs are being used, "Official Nonpartisan	4155
Ballot."	4156

The order in which the offices are listed on the ballot shall	4157
be prescribed by, and certified to each board of elections by, the	4158
secretary of state; provided that the office of member of the	4159
state board of education shall be listed first on the ballot, then	4160
state, district, and county judicial offices shall be listed on	4161
the ballot in such order, followed by municipal and township	4162
offices, and by offices of member of a board of education, in the	4163
order stated.	4164

Within the rectangular space within which the title of each	4165
judicial office is printed on the ballot and immediately below	4166
such title shall be printed the date of the commencement of the	4167
term of the office, if a full term, as follows: "Full term	4168
commencing .......(Date).......," or the date of the end of the	4169
term of the office, if an unexpired term, as follows: "Unexpired	4170
term ending .......(Date)........"	4171

The secretary of state shall prescribe the information and	4172
directions to the voter to be printed on the ballot within the	4173
rectangular space in which the title of office of member of the	4174
state board of education appears.	4175

Within the rectangular space within which the title of each	4176
office for member of a board of education is printed on the ballot	4177
shall be printed "For Member of Board of Education," and the	4178
number to be elected, directions to the voter as to voting for	4179
one, two, or more, and, if the office to be voted for is member of	4180
a board of education of a city school district, words shall be	4181
printed in said space on the ballot to indicate whether candidates	4182
are to be elected from subdistricts or at large.	4183

The names of all nonpartisan candidates for an office shall	4184
be arranged in a group under the title of that office, and shall	4185
be rotated and printed on the ballot as provided in section	4186
3505.03 of the Revised Code.	4187

No name or designation of any political party nor any words,	4188
designations, or emblems descriptive of a candidate or ~~his~~the	4189
candidate's political affiliation, or indicative of the method by	4190
which such candidate was nominated or certified, shall be printed	4191
under or after any nonpartisan candidate's name which is printed	4192
on the ballot.	4193

Sec. 3505.05. At any time prior to the seventieth day before	4194
the day of an election at which a question or issue, other than a	4195
statewide question or issue, is certified to appear on the ballot,	4196
the political subdivision, taxing authority, or other entity that	4197
placed the issue on the ballot may remove that issue from the	4198
ballot using the same process that the entity used to originally	4199
certify the issue for placement on the ballot.	4200

Upon receipt of a notification that a question or issue has	4201
been withdrawn, the board of elections shall remove that question	4202
or issue from the ballot.	4203

Sec. 3505.06. (A) On the questions and issues ballot shall	4204
be printed all questions and issues to be submitted at any one	4205
election together with the percentage of affirmative votes	4206
necessary for passage as required by law. Such ballot shall have	4207
printed across the top thereof, and below the stubs, if ballot	4208
stubs are being used, "Official Questions and Issues Ballot."	4209

(B)(1) Questions and issues shall be grouped together on the	4210
ballot from top to bottom as provided in division (B)(1) of this	4211
section, except as otherwise provided in division (B)(2) of this	4212
section. State questions and issues shall always appear as the top	4213
group of questions and issues. In calendar year 1997, the	4214
following questions and issues shall be grouped together on the	4215
ballot, in the following order from top to bottom, after the state	4216
questions and issues:	4217

(a) County questions and issues;

4218

(b) Municipal questions and issues;

4219

4220

(d) School or other district questions and issues.

4221

In each succeeding calendar year after 1997, each group of	4222
questions and issues described in division (B)(1)(a) to (d) of	4223
this section shall be moved down one place on the ballot except	4224
that the group that was last on the ballot during the immediately	4225
preceding calendar year shall appear at the top of the ballot	4226
after the state questions and issues. The rotation shall be	4227
performed only once each calendar year, beginning with the first	4228
election held during the calendar year. The rotation of groups of	4229
questions and issues shall be performed during each calendar year	4230
as required by division (B)(1) of this section, even if no	4231
questions and issues from any one or more such groups appear on	4232
the ballot at any particular election held during that calendar	4233
year.	4234

(2) Questions and issues shall be grouped together on the	4235
ballot, from top to bottom, in the following order when it is not	4236
practicable to group them together as required by division (B)(1)	4237
of this section because of the type of voting machines used by the	4238
board of elections: state questions and issues, county questions	4239
and issues, municipal questions and issues, township questions and	4240
issues, and school or other district questions and issues. The	4241
particular order in which each of a group of state questions or	4242
issues is placed on the ballot shall be determined by, and	4243
certified to each board of elections by, the secretary of state.	4244

(3) Failure of the board of elections to rotate questions and	4245
issues as required by division (B)(1) of this section does not	4246
affect the validity of the election at which the failure occurred,	4247
and is not grounds for contesting an election under section	4248
3515.08 of the Revised Code.	4249

(C) The particular order in which each of a group of county,	4250
municipal, township, or school district questions or issues is	4251
placed on the ballot shall be determined by the board providing	4252
the ballots.	4253

(D) The printed matter pertaining to each question or issue	4254
on the ballot shall be enclosed at the top and bottom thereof by a	4255
heavy horizontal line across the width of the ballot. Immediately	4256
below such top line shall be printed a brief title descriptive of	4257
the question or issue below it, such as "Proposed Constitutional	4258
Amendment," "Proposed Bond Issue," "Proposed Annexation of	4259
Territory," "Proposed Increase in Tax Rate," or such other brief	4260
title as will be descriptive of the question or issue to which it	4261
pertains, together with a brief statement of the percentage of	4262
affirmative votes necessary for passage, such as "A sixty-five per	4263
cent affirmative vote is necessary for passage," "A majority vote	4264
is necessary for passage," or such other brief statement as will	4265
be descriptive of the percentage of affirmative votes required.	4266

(E) The questions and issues ballot need not contain the full	4267
text of the proposal to be voted upon. A condensed text that will	4268
properly describe the question, issue, or an amendment proposed by	4269
other than the general assembly shall be used as prepared and	4270
certified by the secretary of state for state-wide questions or	4271
issues or by the board for local questions or issues. If other	4272
than a full text is used, the full text of the proposed question,	4273
issue, or amendment together with the percentage of affirmative	4274
votes necessary for passage as required by law shall be posted in	4275
each polling place in some spot that is easily accessible to the	4276
voters.	4277

(F) Each question and issue appearing on the questions and	4278
issues ballot may be consecutively numbered. The question or issue	4279
determined to appear at the top of the ballot may be designated on	4280
the face thereof by the Arabic numeral "1" and all questions and	4281
issues placed below on the ballot shall be consecutively numbered.	4282
Such numeral shall be placed below the heavy top horizontal line	4283
enclosing such question or issue and to the left of the brief	4284
title thereof.	4285

Sec. 3505.08. (A) Ballots shall be provided by the board of	4286
elections for all general and special elections. The ballots shall	4287
be printed with black ink on No. 2 white book paper fifty pounds	4288
in weight per ream assuming such ream to consist of five hundred	4289
sheets of such paper twenty-five by thirty-eight inches in size.	4290
~~Each~~	4291

If a board of elections opts to use ballots that include	4292
ballot stubs, each ballot shall have attached at the top two	4293
stubs, each of the width of the ballot and not less than one-half	4294
inch in length, except that, if the board of elections has an	4295
alternate method to account for the ballots that the secretary of	4296
state has authorized, each ballot may have only one stub that	4297
shall be the width of the ballot and not less than one-half inch	4298
in length. In the case of ballots with two stubs, the stubs shall	4299
be separated from the ballot and from each other by perforated	4300
lines. The top stub shall be known as Stub B and shall have	4301
printed on its face "Stub B." The other stub shall be known as	4302
Stub A and shall have printed on its face "Stub A." Each stub	4303
shall also have printed on its face "Consecutive Number	4304
.........." If ballot stubs are used, each	4305

~~Each~~ ballot of each kind of ballot provided for use in each	4306
precinct shall be numbered consecutively beginning with number 1	4307
by printing such number upon both of the stubs attached to the	4308
ballot. On	4309

On ballots bearing the names of candidates, each candidate's	4310
name shall be printed in twelve point boldface upper case type in	4311
an enclosed rectangular space, and an enclosed blank rectangular	4312
space shall be provided at the left of the candidate's name. The	4313
name of the political party of a candidate nominated at a primary	4314
election or certified by a party committee shall be printed in ten	4315
point lightface upper and lower case type and shall be separated	4316
by a two point blank space. The name of each candidate shall be	4317
indented one space within the enclosed rectangular space, and the	4318
name of the political party shall be indented two spaces within	4319
the enclosed rectangular space.	4320

The title of each office on the ballots shall be printed in	4321
twelve point boldface upper and lower case type in a separate	4322
enclosed rectangular space. A four point rule shall separate the	4323
name of a candidate or a group of candidates for the same office	4324
from the title of the office next appearing below on the ballot; a	4325
two point rule shall separate the title of the office from the	4326
names of candidates; and a one point rule shall separate names of	4327
candidates. Headings shall be printed in display Roman type. When	4328
the names of several candidates are grouped together as candidates	4329
for the same office, there shall be printed on the ballots	4330
immediately below the title of the office and within the separate	4331
rectangular space in which the title is printed "Vote for not more	4332
than ........," in six point boldface upper and lower case filling	4333
the blank space with that number which will indicate the number of	4334
persons who may be lawfully elected to the office.	4335

Columns on ballots shall be separated from each other by a	4336
heavy vertical border or solid line at least one-eighth of an inch	4337
wide, and a similar vertical border or line shall enclose the left	4338
and right side of ballots. Ballots shall be trimmed along the	4339
sides close to such lines.	4340

The ballots provided for by this section shall be comprised	4341
of four kinds of ballots designated as follows: office type	4342
ballot; nonpartisan ballot; questions and issues ballot; and	4343
presidential ballot.	4344

On the back of each office type ballot shall be printed	4345
"Official Office Type Ballot;" on the back of each nonpartisan	4346
ballot shall be printed "Official Nonpartisan Ballot;" on the back	4347
of each questions and issues ballot shall be printed "Official	4348
Questions and Issues Ballot;" and on the back of each presidential	4349
ballot shall be printed "Official Presidential Ballot." On the	4350
back of every ballot also shall be printed the date of the	4351
election at which the ballot is used and the facsimile signatures	4352
of the members of the board of the county in which the ballot is	4353
used. For the purpose of identifying the kind of ballot, the back	4354
of every ballot may be numbered in the order the board shall	4355
determine. The numbers shall be printed in not less than	4356
thirty-six point type above the words "Official Office Type	4357
Ballot," "Official Nonpartisan Ballot," "Official Questions and	4358
Issues Ballot," or "Official Presidential Ballot," as the case may	4359
be. Ballot boxes bearing corresponding numbers shall be furnished	4360
for each precinct in which the above-described numbered ballots	4361
are used.	4362

On the back of every ballot used, there shall be a solid	4363
black line printed opposite the blank rectangular space that is	4364
used to mark the choice of the voter. This line shall be printed	4365
wide enough so that the mark in the blank rectangular space will	4366
not be visible from the back side of the ballot.	4367

Sample ballots may be printed by the board of elections for	4368
all general elections. The ballots shall be printed on colored	4369
paper, and "Sample Ballot" shall be plainly printed in boldface	4370
type on the face of each ballot. In counties of less than one	4371
hundred thousand population, the board may print not more than	4372
five hundred sample ballots; in all other counties, it may print	4373
not more than one thousand sample ballots. The sample ballots	4374
shall not be distributed by a political party or a candidate, nor	4375
shall a political party or candidate cause their title or name to	4376
be imprinted on sample ballots.	4377

(B) Notwithstanding division (A) of this section, in	4378
approving the form of an official ballot, the secretary of state	4379
may authorize the use of fonts, type face settings, and ballot	4380
formats other than those prescribed in that division.	4381

Sec. 3505.10. (A) On the presidential ballot, below the	4382
stubs, if ballot stubs are being used, at the top of the face of	4383
the ballot shall be printed "Official Presidential Ballot"	4384
centered between the side edges of the ballot. Below "Official	4385
Presidential Ballot" shall be printed a heavy line centered	4386
between the side edges of the ballot. Below the line shall be	4387
printed "Instruction to Voters" centered between the side edges of	4388
the ballot, and below those words shall be printed the following	4389
instructions:	4390

"(1) To vote for the candidates for president and	4391
vice-president whose names are printed below, record your vote in	4392
the manner provided next to the names of such candidates. That	4393
recording of the vote will be counted as a vote for each of the	4394
candidates for presidential elector whose names have been	4395
certified to the secretary of state and who are members of the	4396
same political party as the nominees for president and	4397
vice-president. A recording of the vote for independent candidates	4398
for president and vice-president shall be counted as a vote for	4399
the presidential electors filed by such candidates with the	4400
secretary of state.	4401

(2) To vote for candidates for president and vice-president	4402
in the blank space below, record your vote in the manner provided	4403
and write the names of your choice for president and	4404
vice-president under the respective headings provided for those	4405
offices. Such write-in will be counted as a vote for the	4406
candidates' presidential electors whose names have been properly	4407
certified to the secretary of state.	4408

(3) If you tear, soil, deface, or erroneously mark this	4409
ballot, return it to the precinct election officers or, if you	4410
cannot return it, notify the precinct election officers, and	4411
obtain another ballot."	4412

(B) Below those instructions to the voter shall be printed a	4413
single vertical column of enclosed rectangular spaces equal in	4414
number to the number of presidential candidates plus one	4415
additional space for write-in candidates. Each of those	4416
rectangular spaces shall be enclosed by a heavy line along each of	4417
its four sides, and such spaces shall be separated from each other	4418
by one-half inch of open space.	4419

In each of those enclosed rectangular spaces, except the	4420
space provided for write-in candidates, shall be printed the names	4421
of the candidates for president and vice-president certified to	4422
the secretary of state or nominated in one of the following	4423
manners:	4424

(1) Nominated by the national convention of a political party	4425
to which delegates and alternates were elected in this state at	4426
the next preceding primary election. A political party certifying	4427
candidates so nominated shall certify the names of those	4428
candidates to the secretary of state on or before the ninetieth	4429
day before the day of the general election.	4430

(2) Nominated by nominating petition in accordance with	4431
section 3513.257 of the Revised Code. Such a petition shall be	4432
filed on or before the ninetieth day before the day of the general	4433
election to provide sufficient time to verify the sufficiency and	4434
accuracy of signatures on it.	4435

(3) Certified to the secretary of state for placement on the	4436
presidential ballot by authorized officials of an intermediate or	4437
minor political party that has held a state or national convention	4438
for the purpose of choosing those candidates or that may, without	4439
a convention, certify those candidates in accordance with the	4440
procedure authorized by its party rules. The officials shall	4441
certify the names of those candidates to the secretary of state on	4442
or before the ninetieth day before the day of the general	4443
election. The certification shall be accompanied by a designation	4444
of a sufficient number of presidential electors to satisfy the	4445
requirements of law.	4446

The names of candidates for electors of president and	4447
vice-president shall not be placed on the ballot, but shall be	4448
certified to the secretary of state as required by sections	4449
3513.11 and 3513.257 of the Revised Code. A vote for any	4450
candidates for president and vice-president shall be a vote for	4451
the electors of those candidates whose names have been certified	4452
to the secretary of state.	4453

(C) The arrangement of the printing in each of the enclosed	4454
rectangular spaces shall be substantially as follows: Near the top	4455
and centered within the rectangular space shall be printed "For	4456
President" in ten-point boldface upper and lower case type. Below	4457
"For President" shall be printed the name of the candidate for	4458
president in twelve-point boldface upper case type. Below the name	4459
of the candidate for president shall be printed the name of the	4460
political party by which that candidate for president was	4461
nominated in eight-point lightface upper and lower case type.	4462
Below the name of such political party shall be printed "For	4463
Vice-President" in ten-point boldface upper and lower case type.	4464
Below "For Vice-President" shall be printed the name of the	4465
candidate for vice-president in twelve-point boldface upper case	4466
type. Below the name of the candidate for vice-president shall be	4467
printed the name of the political party by which that candidate	4468
for vice-president was nominated in eight-point lightface upper	4469
and lower case type. No political identification or name of any	4470
political party shall be printed below the names of presidential	4471
and vice-presidential candidates nominated by petition.	4472

The rectangular spaces on the ballot described in this	4473
section shall be rotated and printed as provided in section	4474
3505.03 of the Revised Code.	4475

Sec. 3505.11. (A) The ballots, with the stubs attached if	4476
ballot stubs are being used, shall be bound into tablets for each	4477
precinct, which tablets shall contain at least one per cent more	4478
ballots than the total registration in the precinct, except as	4479
otherwise provided in division (B) of this section. Upon the	4480
covers of the tablets shall be written, printed, or stamped the	4481
designation of the precinct for which the ballots have been	4482
prepared. All official ballots shall be printed uniformly upon the	4483
same kind and quality of paper and shall be of the same shape,	4484
size, and type.	4485

Electors who have failed to respond within thirty days to any	4486
confirmation notice shall not be counted in determining the number	4487
of ballots to be printed under this section.	4488

(B)(1) A board of elections may choose to provide ballots on	4489
demand. If a board so chooses, the board shall have prepared for	4490
each precinct at least five per cent more ballots for an election	4491
than the number specified below for that kind of election:	4492

(a) For a primary election or a special election held on the	4493
day of a primary election, the total number of electors in that	4494
precinct who voted in the primary election held four years	4495
previously or, if no primary election was held four years	4496
previously, the total number of electors in that precinct who	4497
voted in a similarly situated primary, as determined by the board;	4498

(b) For a general election or a special election held on the	4499
day of a general election, the total number of electors in that	4500
precinct who voted in the general election held four years	4501
previously;	4502

(c) For a special election held at any time other than on the	4503
day of a primary or general election, the total number of electors	4504
in that precinct who voted in the most recent primary or general	4505
election, whichever of those elections occurred in the precinct	4506
most recently.	4507

(2) If, after the board complies with the requirements of	4508
division (B)(1) of this section, the election officials of a	4509
precinct determine that the precinct will not have enough ballots	4510
to enable all the qualified electors in the precinct who wish to	4511
vote at a particular election to do so, the officials shall	4512
request that the board provide additional ballots, and the board	4513
shall provide enough additional ballots, to that precinct in a	4514
timely manner so that all qualified electors in that precinct who	4515
wish to vote at that election may do so.	4516

Sec. 3505.13. A contract for the printing of ballots	4517
involving a cost in excess of ~~ten~~twenty-five thousand dollars	4518
shall not be let until after five days' notice published once in a	4519
newspaper of general circulation published in the county or upon	4520
notice given by mail by the board of elections, addressed to ~~the~~	4521
responsible printing offices ~~within the state~~. Except as otherwise	4522
provided in this section, each bid for such printing must be	4523
accompanied by a bond with at least two sureties, or a surety	4524
company, satisfactory to the board, in a sum double the amount of	4525
the bid, conditioned upon the faithful performance of the contract	4526
for such printing as is awarded and for the payment as damages by	4527
such bidder to the board of any excess of cost over the bid which	4528
it may be obliged to pay for such work by reason of the failure of	4529
the bidder to complete the contract. No bid unaccompanied by such	4530
bond shall be considered by the board. The board may, however,	4531
waive the requirement that each bid be accompanied by a bond if	4532
the cost of the contract is ~~ten~~twenty-five thousand dollars or	4533
less. ~~The~~Except as otherwise provided in this section, the	4534
contract shall be let to the lowest responsible bidder ~~in the~~	4535
~~state~~. ~~All ballots~~A preference shall be given to ballots printed	4536
within the state, unless ballots printed within the state are not	4537
available at competitive prices or the ballots will not be	4538
reasonably available as required for the timing of ballot	4539
preparation and voting. In such case, an out-of-state printer may	4540
be used.	4541

Sec. 3505.16. Before the opening of the polls, the package	4542
of supplies and the ballot boxes shall be opened in the presence	4543
of the precinct officials. The ballot boxes, the package of	4544
ballots, registration forms, and other supplies shall at all times	4545
be in full sight of the observers, and no ballot box or unused	4546
ballots during the balloting or counting shall be removed or	4547
screened from their full sight until the counting has been closed	4548
and the final returns completed and the certificate signed by the	4549
~~judges~~precinct election officials.	4550

Sec. 3505.17. If by accident or casualty the ballots or	4551
other required papers, lists, or supplies are lost or destroyed,	4552
or in case none are delivered at the polling place, or if during	4553
the time the polls are open additional ballots or supplies are	4554
required, the board of elections, upon requisition by telephone or	4555
in writing and signed by a majority of the precinct election	4556
~~judges~~officials of the precinct stating why such additional	4557
supplies are needed, shall supply them as speedily as possible.	4558

Sec. 3505.18. (A)(1) When an elector appears in a polling	4559
place to vote, the elector shall announce to the precinct election	4560
officials the elector's full name and current address and provide	4561
proof of the elector's identity in the form of a current and valid	4562
photo identification, a military identification, or a copy of a	4563
current utility bill, bank statement, government check, paycheck,	4564
or other government document, other than ~~a notice of an election~~	4565
~~mailed by a board of elections under section 3501.19 of the~~	4566
~~Revised Code or~~ a notice of voter registration mailed by a board	4567
of elections under section 3503.19 of the Revised Code, that shows	4568
the name and current address of the elector. ~~If the elector~~	4569
~~provides either a driver's license or a state identification card~~	4570
~~issued under section 4507.50 of the Revised Code that does not~~	4571
~~contain the elector's current residence address, the elector shall~~	4572
~~provide the last four digits of the elector's driver's license~~	4573
~~number or state identification card number, and the precinct~~	4574
~~election official shall mark the poll list or signature pollbook~~	4575
~~to indicate that the elector has provided a driver's license or~~	4576
~~state identification card number with a former address and record~~	4577
~~the last four digits of the elector's driver's license number or~~	4578
~~state identification card number.~~	4579

(2) If an elector ~~has but~~does not have or is unable to	4580
provide to the precinct election officials any of the forms of	4581
identification required under division (A)(1) of this section, but	4582
has a social security number, the elector may provide the last	4583
four digits of the elector's social security number. Upon	4584
providing the social security number information, the elector may	4585
cast a provisional ballot under section 3505.181 of the Revised	4586
Code, the envelope of which ballot shall include that social	4587
security number information.	4588

(3) If an elector ~~has but is unable~~does not have or is	4589
unable to provide to the precinct election officials any of the	4590
forms of identification required under division (A)(1) of this	4591
section ~~and if the elector has a social security number but is~~	4592
~~unable to provide the last four digits of the elector's social~~	4593
~~security number~~but has an Ohio driver's license number or a state	4594
identification card number, the elector may provide the elector's	4595
driver's license number or state identification card number. Upon	4596
providing the driver's license number or state identification card	4597
number, the elector may cast a provisional ballot under section	4598
3505.181 of the Revised Code the envelope of which ballot shall	4599
include that driver's license number or state identification card	4600
number.	4601

(4) If an elector does not have or is unable to provide any	4602
of the forms of identification required under division (A)(1) of	4603
this section and does not have or cannot provide the last four	4604
digits of the elector's social security number ~~because the elector~~	4605
~~does not have a social security number~~and does not have or cannot	4606
provide the elector's driver's license number or state	4607
identification card number, the elector may execute an affirmation	4608
under penalty of election falsification that the elector cannot	4609
provide the identification required ~~under that division or the~~	4610
~~last four digits of the elector's social security number~~ for those	4611
reasons but that the elector is eligible to vote. Upon signing the	4612
affirmation, the elector may cast a provisional ballot under	4613
section 3505.181 of the Revised Code. The secretary of state shall	4614
prescribe the form of the affirmation, which shall include spaces	4615
for all of the following:	4616

(a) The elector's name;

4617

(b) The elector's address;

4618

4619

(d) The elector's date of birth;

4620

(e) The elector's signature.

4621

(5) If an elector does not have or is unable to provide any	4622
of the forms of identification required under division (A)(1) of	4623
this section and does not have or cannot provide a driver's	4624
license number, state identification card number, or the last four	4625
digits of the elector's social security number ~~because the elector~~	4626
~~does not have a social security number~~, and if the elector	4627
declines to execute an affirmation under division (A)(4) of this	4628
section, the elector may cast a provisional ballot under section	4629
3505.181 of the Revised Code, the envelope of which ballot shall	4630
include the elector's name.	4631

~~(6) If an elector has but declines to provide to the precinct~~	4632
~~election officials any of the forms of identification required~~	4633
~~under division (A)(1) of this section or the elector has a social~~	4634
~~security number but declines to provide to the precinct election~~	4635
~~officials the last four digits of the elector's social security~~	4636
~~number, the elector may cast a provisional ballot under section~~	4637
~~3505.181 of the Revised Code.~~	4638

(B) After the elector has announced the elector's full name	4639
and current address and provided any of the forms of	4640
identification required under division (A)(1) of this section, the	4641
elector shall write the elector's name and address at the proper	4642
place in the poll list or signature pollbook provided for the	4643
purpose, except that if, for any reason, an elector is unable to	4644
write the elector's name and current address in the poll list or	4645
signature pollbook, the elector may make the elector's mark at the	4646
place intended for the elector's name, and a precinct election	4647
official shall write the name of the elector at the proper place	4648
on the poll list or signature pollbook following the elector's	4649
mark. The making of such a mark shall be attested by the precinct	4650
election official, who shall evidence the same by signing the	4651
precinct election official's name on the poll list or signature	4652
pollbook as a witness to the mark. Alternatively, if applicable,	4653
an attorney in fact acting pursuant to section 3501.382 of the	4654
Revised Code may sign the elector's signature in the poll list or	4655
signature pollbook in accordance with that section.	4656

The elector's signature in the poll list or signature	4657
pollbook then shall be compared with the elector's signature on	4658
the elector's registration form or a digitized signature list as	4659
provided for in section 3503.13 of the Revised Code, and if, in	4660
the opinion of a majority of the precinct election officials, the	4661
signatures are the signatures of the same person, the election	4662
officials shall enter the date of the election on the registration	4663
form or shall record the date by other means prescribed by the	4664
secretary of state. The validity of an attorney in fact's	4665
signature on behalf of an elector shall be determined in	4666
accordance with section 3501.382 of the Revised Code.	4667

If the right of the elector to vote is not then challenged,	4668
or, if being challenged, the elector establishes the elector's	4669
right to vote, the elector shall be allowed to proceed to use the	4670
voting machine. If voting machines are not being used in that	4671
precinct, the ~~judge~~precinct election official in charge of	4672
ballots shall then hand the proper ballots to the elector. If the	4673
board of elections of that county opts to use ballots that include	4674
ballot stubs, the precinct election official in charge of the	4675
ballots shall then detach the next ballots to be issued to the	4676
elector from Stub B attached to each ballot, leaving Stub A	4677
attached to each ballot, hand the ballots to the elector, and call	4678
the elector's name and the stub number on each of the ballots. ~~The~~	4679
~~judge~~If ballot stubs are being used, the precinct election	4680
official shall enter the stub numbers opposite the signature of	4681
the elector in the pollbook. ~~The~~After receiving the ballots, the	4682
elector shall then retire to one of the voting compartments to	4683
mark the elector's ballots. No mark shall be made on any ballot	4684
which would in any way enable any person to identify the person	4685
who voted the ballot.	4686

Sec. 3505.181. (A) All of the following individuals shall be	4687
permitted to cast a provisional ballot at an election:	4688

(1) An individual who declares that the individual is a	4689
registered voter in the jurisdiction in which the individual	4690
desires to vote and that the individual is eligible to vote in an	4691
election, but the name of the individual does not appear on the	4692
official list of eligible voters for the polling place or an	4693
election official asserts that the individual is not eligible to	4694
vote;	4695

(2) An individual who has a social security number and	4696
provides to the election officials the last four digits of the	4697
individual's social security number as permitted by division	4698
(A)(2) of section 3505.18 of the Revised Code;	4699

(3) An individual who has ~~but is unable to provide~~a driver's	4700
license number or state identification card number and provides	4701
that number to the election officials ~~any of the forms of~~	4702
~~identification required under division (A)(1) of section 3505.18~~	4703
~~of the Revised Code and who has a social security number but is~~	4704
~~unable to provide the last four digits of the individual's social~~	4705
~~security number~~ as permitted under division (A)~~(2)~~(3) of ~~that~~	4706
section 3505.18 of the Revised Code;	4707

(4) An individual who does not have any of the forms of	4708
identification required under division (A)(1) of section 3505.18	4709
of the Revised Code, who does not have or cannot provide the last	4710
four digits of the individual's social security number ~~under~~	4711
~~division (A)(2) of that section because the individual does not~~	4712
~~have a social security~~, driver's license number, or state	4713
identification card number, and who has executed an affirmation as	4714
permitted under division (A)(4) of that section;	4715

(5) An individual whose name in the poll list or signature	4716
pollbook has been marked under section 3509.09 or 3511.13 of the	4717
Revised Code as having requested an absent voter's ballot or an	4718
armed service absent voter's ballot for that election and who	4719
appears to vote at the polling place;	4720

(6) An individual whose notification of registration has been	4721
returned undelivered to the board of elections and whose name in	4722
the official registration list and in the poll list or signature	4723
pollbook has been marked under division (C)(2) of section 3503.19	4724
of the Revised Code;	4725

(7) An individual who is challenged under section 3505.20 of	4726
the Revised Code and the election officials determine that the	4727
person is ineligible to vote or are unable to determine the	4728
person's eligibility to vote;	4729

(8) An individual whose application or challenge hearing has	4730
been postponed until after the day of the election under division	4731
(D)(1) of section 3503.24 of the Revised Code;	4732

(9) An individual who changes the individual's name and	4733
remains within the precinct without providing proof of that name	4734
change under division (B)(1)(b) of section 3503.16 of the Revised	4735
Code, moves from one precinct to another within a county, moves	4736
from one precinct to another and changes the individual's name, or	4737
moves from one county to another within the state, and completes	4738
and signs the required forms and statements under division (B) or	4739
(C) of section 3503.16 of the Revised Code;	4740

(10) An individual whose signature, in the opinion of the	4741
precinct officers under section 3505.22 of the Revised Code, is	4742
not that of the person who signed that name in the registration	4743
forms;	4744

(11) An individual who is challenged under section 3513.20 of	4745
the Revised Code who refuses to make the statement required under	4746
that section or who a majority of the precinct officials find	4747
lacks any of the qualifications to make the individual a qualified	4748
elector;	4749

(12) An individual who does not have or is unable to provide	4750
any of the forms of identification required under division (A)(1)	4751
of section 3505.18 of the Revised Code, who does not have or	4752
cannot provide a driver's license number, state identification	4753
card number, or the last four digits of the individual's social	4754
security number under ~~division~~divisions (A)(2) or (3) of that	4755
section ~~because the person does not have a social security number~~,	4756
and who declines to execute an affirmation as permitted under	4757
division (A)(4) of that section;	4758

(13) An individual who ~~has but declines to provide to the~~	4759
~~precinct election officials any of the forms of identification~~	4760
~~required under division (A)(1) of section 3501.18 of the Revised~~	4761
~~Code or who has a social security number but declines to provide~~	4762
~~to the precinct election officials the last four digits of the~~	4763
~~individual's social security number~~is casting a ballot after the	4764
time for the closing of the polls under section 3501.32 of the	4765
Revised Code pursuant to a court order extending the time for the	4766
closing of the polls.	4767

(B) An individual who is eligible to cast a provisional	4768
ballot under division (A) of this section shall be permitted to	4769
cast a provisional ballot as follows:	4770

(1) An election official at the polling place shall notify	4771
the individual that the individual may cast a provisional ballot	4772
in that election.	4773

(2) The individual shall be permitted to cast a provisional	4774
ballot at that polling place upon the execution of a written	4775
affirmation by the individual before an election official at the	4776
polling place ~~stating that the individual is both of the~~	4777
~~following:~~	4778

~~(a) A registered voter in the jurisdiction in which the~~	4779
~~individual desires to vote;~~	4780

~~(b) Eligible to vote in that election~~that meets the	4781
requirements of section 3505.182 of the Revised Code.	4782

(3) An election official at the polling place shall transmit	4783
the ballot cast by the individual,and the voter information	4784
contained in the written affirmation executed by the individual	4785
under division (B)(2) of this section~~, or the individual's name if~~	4786
~~the individual declines to execute such an affirmation~~ to an	4787
appropriate local election official for verification under	4788
division (B)(4) of this section. If the individual refuses to	4789
execute an affirmation under division (B)(2) of this section, the	4790
election official shall note on the provisional ballot affirmation	4791
that the individual refused to execute the affirmation, but the	4792
election official shall not otherwise complete any portion of the	4793
affirmation required to be completed by the provisional voter,	4794
including the section stating the name of the provisional voter.	4795

(4) If the appropriate local election official to whom the	4796
ballot orand voter ~~or address~~ information is transmitted under	4797
division (B)(3) of this section determines that the individual is	4798
eligible to vote, the individual's provisional ballot shall be	4799
counted as a vote in that election.	4800

(5)(a) At the time that an individual casts a provisional	4801
ballot, the appropriate local election official shall give the	4802
individual written information that states that any individual who	4803
casts a provisional ballot will be able to ascertain under the	4804
system established under division (B)(5)(b) of this section	4805
whether the vote was counted, and, if the vote was not counted,	4806
the reason that the vote was not counted.	4807

(b) The appropriate state or local election official shall	4808
establish a free access system, in the form of a toll-free	4809
telephone number, that any individual who casts a provisional	4810
ballot may access to discover whether the vote of that individual	4811
was counted, and, if the vote was not counted, the reason that the	4812
vote was not counted. The free access system established under	4813
this division also shall provide to an individual whose	4814
provisional ballot was not counted information explaining how that	4815
individual may contact the board of elections to register to vote	4816
or to resolve problems with the individual's voter registration.	4817

The appropriate state or local election official shall	4818
establish and maintain reasonable procedures necessary to protect	4819
the security, confidentiality, and integrity of personal	4820
information collected, stored, or otherwise used by the free	4821
access system established under this division. ~~Access~~Except as	4822
otherwise provided in section 3505.184 of the Revised Code, access	4823
to information about an individual ballot shall be restricted to	4824
the individual who cast the ballot.	4825

(6) If, at the time that an individual casts a provisional	4826
ballot, the individual provides identification in the form of a	4827
current and valid photo identification, a military identification,	4828
or a copy of a current utility bill, bank statement, government	4829
check, paycheck, or other government document, other than ~~a notice~~	4830
~~of an election mailed by a board of elections under section~~	4831
~~3501.19 of the Revised Code or~~ a notice of voter registration	4832
mailed by a board of elections under section 3503.19 of the	4833
Revised Code, that shows the individual's name and current	4834
address, or provides the last four digits of the individual's	4835
social security number, or provides the individual's driver's	4836
license number or state identification card number, or executes an	4837
affirmation that the elector does not have or cannot provide any	4838
of those forms of identification ~~or the last four digits of the~~	4839
~~individual's social security number because the individual does~~	4840
~~not have a social security number, or declines to execute such an~~	4841
~~affirmation~~, the appropriate local election official shall record	4842
the type of identification provided~~, the social security number~~	4843
~~information,~~or the fact that the affirmation was executed~~, or~~	4844
~~the fact that the individual declined to execute such an~~	4845
~~affirmation~~ and include that information with the transmission of	4846
the ballot orand voter ~~or address~~ information under division	4847
(B)(3) of this section. ~~If the individual declines to execute such~~	4848
~~an affirmation, the appropriate local election official shall~~	4849
~~record the individual's name and include that information with the~~	4850
~~transmission of the ballot under division (B)(3) of this section.~~	4851

(7) If an individual casts a provisional ballot pursuant to	4852
division (A)~~(3),~~ (7), (8), or (12)~~, or (13)~~ of this section, the	4853
election official shall indicate, on the provisional ballot	4854
verification statement required under section 3505.182 of the	4855
Revised Code, that the individual is required to provide	4856
additional information to the board of elections or that an	4857
application or challenge hearing has been postponed with respect	4858
to the individual, such that additional information is required	4859
for the board of elections to determine the eligibility of the	4860
individual who cast the provisional ballot.	4861

(8) During the ten days after the day of an election, an	4862
individual who casts a provisional ballot pursuant to division	4863
(A)~~(3),~~ (7),or (12)~~, or (13)~~ of this section shall ~~appear at the~~	4864
~~office of the board of elections and~~ provide to the board any	4865
additional information necessary to determine the eligibility of	4866
the individual who cast the provisional ballot.	4867

(a) For a provisional ballot cast pursuant to division	4868
(A)~~(3),~~ (12)~~, or (13)~~ of this section to be eligible to be	4869
counted, the individual who cast that ballot, within ten days	4870
after the day of the election, shall do any of the following:	4871

(i) Provide to the board of elections proof of the	4872
individual's identity in the form of a current and valid photo	4873
identification, a military identification, or a copy of a current	4874
utility bill, bank statement, government check, paycheck, or other	4875
government document, other than ~~a notice of an election mailed by~~	4876
~~a board of elections under section 3501.19 of the Revised Code or~~	4877
a notice of voter registration mailed by a board of elections	4878
under section 3503.19 of the Revised Code, that shows the	4879
individual's name and current address;	4880

(ii) Provide to the board of elections the individual's	4881
driver's license number, state identification card number, or the	4882
last four digits of the individual's social security number;	4883

(iii) ~~In the case of a provisional ballot executed pursuant~~	4884
~~to division (A)(12) of this section, execute~~Execute an	4885
affirmation as permitted under division (A)(4) of section 3505.18	4886
of the Revised Code.	4887

(b) For a provisional ballot cast pursuant to division (A)(7)	4888
of this section to be eligible to be counted, the individual who	4889
cast that ballot, within ten days after the day of that election,	4890
shall provide to the board of elections any identification or	4891
other documentation required to be provided by the applicable	4892
challenge questions asked of that individual under section 3505.20	4893
of the Revised Code. The individual may provide the information	4894
via telephone, facsimile transmission, electronic mail, or postal	4895
mail.	4896

(9) If an individual casts a provisional ballot pursuant to	4897
division (A)(13) of this section, the election official shall	4898
indicate, on the provisional ballot verification statement	4899
required under section 3505.182 of the Revised Code, both of the	4900
following:	4901

(a) That the ballot was cast after the time for the closing	4902
of the polls pursuant to a court order extending the time for the	4903
closing of the polls; and	4904

(b) Whether the individual would have been eligible to cast a	4905
regular ballot, if the ballot were cast prior to the time for the	4906
closing of the polls.	4907

(C)(1) If an individual declares that the individual is	4908
eligible to vote in a jurisdiction other than the jurisdiction in	4909
which the individual desires to vote, or if, upon review of the	4910
precinct voting location guide using the residential street	4911
address provided by the individual, an election official at the	4912
polling place at which the individual desires to vote determines	4913
that the individual is not eligible to vote in that jurisdiction,	4914
the election official shall direct the individual to the polling	4915
place for the jurisdiction in which the individual appears to be	4916
eligible to vote, explain that the individual may cast a	4917
provisional ballot at the current location but the ballot will not	4918
be counted if it is cast in the wrong precinct, and provide the	4919
telephone number of the board of elections in case the individual	4920
has additional questions.	4921

(2) If the individual refuses to travel to the polling place	4922
for the correct jurisdiction or to the office of the board of	4923
elections to cast a ballot, or if the precinct election official	4924
fails to direct the voter to the polling place for the correct	4925
jurisdiction, the individual shall be permitted to vote a	4926
provisional ballot at that jurisdiction in accordance with	4927
division (B) of this section. ~~If any of the following apply, the~~	4928
~~provisional ballot cast by that individual shall not be opened or~~	4929
~~counted:~~	4930

~~(a) The individual is not properly registered in that~~	4931
~~jurisdiction.~~	4932

~~(b) The individual is not eligible to vote in that election~~	4933
~~in that jurisdiction.~~	4934

~~(c) The individual's eligibility to vote in that jurisdiction~~	4935
~~in that election cannot be established upon examination of the~~	4936
~~records on file with the board of elections.~~	4937

(D) The appropriate local election official shall cause	4938
voting information to be publicly posted at each polling place on	4939
the day of each election.	4940

(E) The board of elections shall consider the provisional	4941
ballot affirmation of an individual who casts a provisional ballot	4942
under division (A)(9) of this section to also serve as a notice of	4943
change of name, change of residence, or both, or as a voter	4944
registration form, as applicable, for that individual. If the	4945
affirmation is lacking any required information for the individual	4946
to register in a new county or to update the person's voter	4947
registration, the board shall contact the individual not later	4948
than sixty days before the day of the next election to complete	4949
the updating of the individual's voter registration.	4950

The board of elections may contact the individual using	4951
whatever means is deemed appropriate by the board in consideration	4952
of the timeframe needed to meet applicable deadlines and the	4953
effort needed to update the individual's voter registration.	4954
Whenever possible, the board shall update the individual's voter	4955
registration by confirming information with the individual via	4956
telephone, facsimile transmission, electronic mail, or postal	4957
mail.	4958

(F) As used in this section and sections 3505.182 and	4959
3505.183 of the Revised Code:	4960

(1) "Jurisdiction" means the precinct in which a person is a	4961
legally qualified elector.	4962

(2) "Precinct voting location guide" means either of the	4963
following:	4964

(a) An electronic or paper record that lists the correct	4965
jurisdiction and polling place for either each specific	4966
residential street address in the county or the range of	4967
residential street addresses located in each neighborhood block in	4968
the county;	4969

(b) Any other method that a board of elections creates that	4970
allows a precinct election official or any elector who is at a	4971
polling place in that county to determine the correct jurisdiction	4972
and polling place of any qualified elector who resides in the	4973
county.	4974

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

4975

(a) A sample version of the ballot that will be used for that	4976
election;	4977

(b) Information regarding the date of the election and the	4978
hours during which polling places will be open;	4979

(c) Instructions on how to vote, including how to cast a vote	4980
and how to cast a provisional ballot;	4981

(d) Instructions for mail-in registrants and first-time	4982
voters under applicable federal and state laws;	4983

(e) General information on voting rights under applicable	4984
federal and state laws, including information on the right of an	4985
individual to cast a provisional ballot and instructions on how to	4986
contact the appropriate officials if these rights are alleged to	4987
have been violated;	4988

(f) General information on federal and state laws regarding	4989
prohibitions against acts of fraud and misrepresentation.	4990

Sec. 3505.182. Each individual who casts a provisional	4991
ballot under section 3505.181 of the Revised Code shall execute a	4992
written affirmation. The form of the written affirmation shall be	4993
printed upon the face of the provisional ballot envelope and shall	4994
be substantially as follows:	4995

"Provisional Ballot Affirmation	4996

STATE OF OHIO	4997

I, .................... (Name of provisional voter), solemnly	4998
swear or affirm that I am a registered voter ~~in the jurisdiction~~	4999
~~in which I am voting this provisional ballot~~ and that I am	5000
eligible to vote in the election in which I am voting this	5001
provisional ballot.	5002

I understand that, if the above-provided information is not	5003
fully completed and correct, if the board of elections determines	5004
that I am not registered to vote~~, a resident of this precinct,~~ or	5005
eligible to vote in this election, or if the board of elections	5006
determines that I have already voted in this election, my	5007
provisional ballot ~~will~~may not be counted. I further understand	5008
that knowingly providing false information is a violation of law	5009
and subjects me to possible criminal prosecution.	5010

I hereby declare, under penalty of election falsification,	5011
that the above statements are true and correct to the best of my	5012
knowledge and belief.	5013

			5014
	(Signature of Voter)		5015
			5016
	~~(Voter's date of birth)~~		5017

	~~The last four digits of the voter's social security number~~		5018
			5019
	(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)		5020

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	5021
OF THE FIFTH DEGREE.	5022

Additional Information For Determining Ballot Validity	5023

~~(May be completed at voter's discretion)~~	5024

Voter's current address:				5025
Voter's former address ~~if photo identification does not contain voter's current address~~:				5026
Voter's former name, if applicable:				5027
~~Voter's driver's license number or, if not provided above, the~~ The last four digits of voter's social security number				5028
~~(Please circle number type)~~:				5029
If last four digits of social security number are not provided, voter's driver's license number or state identification card number (Please circle number type):				5030
(Optional but recommended)				5031
Voter's date of birth:				5032
Voter's telephone number:				5033
Voter's electronic mail address:				5034
(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.)				5035
Reason for voting provisional ballot (Check one):				5036
..... Requested, but did not receive, absent voter's ballot				5037
..... Other				5038

Verification Statement	5039

(To be completed by election official)	5040

The Provisional Ballot Affirmation printed above was	5041
subscribed and affirmed before me this .......... day of	5042
.......... (Month), .......... (Year).	5043

(If applicable, the election official must check the	5044
following true statement concerning additional information needed	5045
to determine the eligibility of the provisional voter.)	5046

...... The provisional voter is required to provide	5047
additional information to the board of elections to resolve an	5048
election-day challenge.	5049

...... The provisional voter is required to provide	5050
identification information to the board of elections or execute an	5051
identification affirmation.	5052

...... An application or challenge hearing regarding this	5053
voter has been postponed until after the election.	5054

(The election official must check the following true	5055
statement concerning identification provided by the provisional	5056
voter, if any.)	5057

...... The provisional voter provided a current and valid	5058
photo identification.	5059

~~...... The provisional voter provided a current valid photo~~	5060
~~identification, other than a driver's license or a state~~	5061
~~identification card, with the voter's former address instead of~~	5062
~~current address and has provided the election official both the~~	5063
~~current and former addresses.~~	5064

...... The provisional voter provided a military	5065
identification or a copy of a current utility bill, bank	5066
statement, government check, paycheck, or other government	5067
document, other than ~~a notice of an election mailed by a board of~~	5068
~~elections under section 3501.19 of the Revised Code or~~ a notice of	5069
voter registration mailed by a board of elections ~~under section~~	5070
~~3503.19 of the Revised Code~~, with the voter's name and current	5071
address.	5072

...... The provisional voter provided the last four digits of	5073
the voter's social security number.	5074

...... The provisional voter ~~is not able to provide a current~~	5075
~~and valid photo identification, a military identification, or a~~	5076
~~copy of a current utility bill, bank statement, government check,~~	5077
~~paycheck, or other government document, other than a notice of an~~	5078
~~election mailed by a board of elections under section 3501.19 of~~	5079
~~the Revised Code or a notice of voter registration mailed by a~~	5080
~~board of elections under section 3503.19 of the Revised Code, with~~	5081
~~the voter's name and current address but does have one of these~~	5082
~~forms of identification. The provisional voter must provide one of~~	5083
~~the foregoing items of identification to the board of elections~~	5084
~~within ten days after the election.~~	5085

~~..... The provisional voter is not able to provide a current~~	5086
~~and valid photo identification, a military identification, or a~~	5087
~~copy of a current utility bill, bank statement, government check,~~	5088
~~paycheck, or other government document, other than a notice of an~~	5089
~~election mailed by a board of elections under section 3501.19 of~~	5090
~~the Revised Code or a notice of voter registration mailed by a~~	5091
~~board of elections under section 3503.19 of the Revised Code, with~~	5092
~~the voter's name and current address but does have one of these~~	5093
~~forms of identification. Additionally, the provisional voter does~~	5094
~~have a social security number but is not able to provide the last~~	5095
~~four digits of the voter's social security number before voting.~~	5096
~~The provisional voter must provide one of the foregoing items of~~	5097
~~identification or the last four digits of the voter's social~~	5098
~~security number to the board of elections within ten days after~~	5099
~~the election~~provided the voter's driver's license number or state	5100
identification card number.	5101

..... The provisional voter does not have ~~a current and valid~~	5102
~~photo identification, a military identification, a copy of a~~	5103
~~current utility bill, bank statement, government check, paycheck,~~	5104
~~or other government document with the voter's name and current~~	5105
~~address, or a social security number~~or cannot provide any of the	5106
previously described types of identification, but has executed an	5107
affirmation. The provisional voter may provide additional	5108
identification information to the board of elections within ten	5109
days after the election to assist in the verification of the	5110
voter's ballot.	5111

..... The provisional voter does not have ~~a current and valid~~	5112
~~photo identification, a military identification, a copy of a~~	5113
~~current utility bill, bank statement, government check, paycheck,~~	5114
~~or other government document with the voter's name and current~~	5115
~~address, or a social security number,~~or cannot provide any of the	5116
previously described types of identification and has declined to	5117
execute an affirmation. The provisional voter must provide one of	5118
the previously described types of identification, or execute an	5119
affirmation, to the board of elections within ten days after the	5120
election.	5121

~~..... The provisional voter declined to provide a current and~~	5122
~~valid photo identification, a military identification, a copy of a~~	5123
~~current utility bill, bank statement, government check, paycheck,~~	5124
~~or other government document with the voter's name and current~~	5125
~~address, or the last four digits of the voter's social security~~	5126
~~number but does have one of these forms of identification or a~~	5127
~~social security number. The provisional voter must provide one of~~	5128
~~the foregoing items of identification or the last four digits of~~	5129
~~the voter's social security number to the board of elections~~	5130
~~within ten days after the election.~~	5131

(The election official must complete the following concerning	5132
the voter's correct precinct polling location):	5133

Is the voter listed at the correct address in the pollbook?	5134
Yes...... No......	5135

If no, find the voter's address in the precinct voting	5136
location guide and record the name or number of the voter's	5137
correct precinct: ......................................	5138

Write down the voter's correct polling location:	5139
.............................................	5140

If the voter's correct precinct or polling location is	5141
different from where you are now, instruct the voter to go to the	5142
correct precinct and polling location. If you have already issued	5143
a provisional ballot to the voter or begun writing on this	5144
envelope, mark both the ballot and envelope as void and process	5145
according to your local instructions.	5146

Did the voter refuse to go to the correct precinct and	5147
polling location? Yes...... No......	5148

Did you instruct the voter that casting a ballot in the wrong	5149
precinct would result in all of the votes on the ballot being	5150
rejected? Yes...... No......	5151

(If applicable, the election official must check the	5152
following true statements regarding a ballot cast after the time	5153
for the closing of the polls.)	5154

..... The provisional voter is voting after the time for the	5155
closing of the polls pursuant to a court order extending the time	5156
for the closing of the polls.	5157

..... The provisional voter would have been eligible to cast	5158
a regular ballot, if the provisional voter cast that ballot prior	5159
to the time for the closing of the polls.	5160

..... The provisional voter would not have been eligible to	5161
cast a regular ballot, if the provisional voter cast that ballot	5162
prior to the time for the closing of the polls.	5163

(If applicable, the election official must check the	5164
following statement.)	5165

..... The provisional voter refused to complete the voter's	5166
portion of this statement.	5167

I hereby declare, under penalty of election falsification,	5168
that the above statements are true and correct to the best of my	5169
knowledge and belief.	5170

			5171
	(Signature of Election Official)"		5172

In addition to any information required to be included on the	5173
written affirmation, an individual casting a provisional ballot	5174
may provide additional information to the election official to	5175
assist the board of elections in determining the individual's	5176
eligibility to vote in that election, including the date and	5177
location at which the individual registered to vote, if known.	5178

~~If the individual declines to execute the affirmation, an~~	5179
~~appropriate local election official shall comply with division~~	5180
~~(B)(6) of section 3505.181 of the Revised Code.~~	5181

Sec. 3505.183. (A)(1) When the ballot boxes are delivered to	5182
the board of elections from the precincts, the board shall	5183
separate the provisional ballot envelopes from the rest of the	5184
ballots. Teams of employees of the board consisting of one member	5185
of each major political party shall place the sealed provisional	5186
ballot envelopes in a secure location within the office of the	5187
board. The sealed provisional ballot envelopes shall remain in	5188
that secure location until the validity of those ballots is	5189
determined under division (B) of this section. While the	5190
provisional ballot is stored in that secure location, and prior to	5191
the counting of the provisional ballots, if the board receives	5192
information regarding the validity of a specific provisional	5193
ballot under division (B) of this section, the board may note, on	5194
the sealed provisional ballot envelope for that ballot, whether	5195
the ballot is valid and entitled to be counted.	5196

(2) While the provisional ballots are stored in that	5197
location, the board shall contact any individual whose provisional	5198
ballot affirmation indicates that the person is required to	5199
provide additional information to the board of elections for the	5200
ballot to be eligible to be counted. The board of elections may	5201
contact the individual using whatever means is deemed appropriate	5202
by the board in consideration of the timeframe needed to meet	5203
applicable deadlines. Whenever possible, the board shall obtain	5204
the required information from the individual via telephone,	5205
facsimile transmission, electronic mail, or postal mail.	5206

(B)(1) To determine whether a provisional ballot is valid and	5207
entitled to be counted, the board shall examine its records and	5208
determine whether the individual who cast the provisional ballot	5209
is registered and eligible to vote in the applicable election. The	5210
board shall examine the information contained in the written	5211
affirmation executed by the individual who cast the provisional	5212
ballot under division (B)(2) of section 3505.181 of the Revised	5213
Code. ~~If the individual declines to execute such an affirmation,~~	5214
~~the individual's name, written by either the individual or the~~	5215
~~election official at the direction of the individual, shall be~~	5216
~~included in a written affirmation in order for the provisional~~	5217
~~ballot to be eligible to be counted; otherwise, the following~~	5218
~~information shall be included in the written affirmation in order~~	5219
~~for the provisional ballot to be eligible to be counted:~~	5220

~~(a) The individual's name and signature;~~

5221

~~(b) A statement that the individual is a registered voter in~~	5222
~~the jurisdiction in which the provisional ballot is being voted;~~	5223

~~(c) A statement that the individual is eligible to vote in~~	5224
~~the election in which the provisional ballot is being voted.~~	5225

(2) In ~~addition to the information required to be included in~~	5226
~~an affirmation under division (B)(1) of this section, in~~	5227
determining whether a provisional ballot is valid and entitled to	5228
be counted, the board also shall examine any additional	5229
information for determining ballot validity provided by the	5230
provisional voter on the affirmation, provided by the provisional	5231
voter to an election official under section 3505.182 of the	5232
Revised Code, or provided to the board of elections during the ten	5233
days after the day of the election under division (B)(8) of	5234
section 3505.181 of the Revised Code, to assist the board in	5235
determining the individual's eligibility to vote.	5236

(3) If, in examining a provisional ballot affirmation and	5237
additional information under divisions (B)(1) and (2) of this	5238
section and comparing the information ~~required under division~~	5239
~~(B)(1) of this section~~ with the elector's information in the	5240
statewide voter registration database, the board ~~determines that~~	5241
~~all of the following apply~~is able to determine the identity of	5242
the elector who cast the ballot, the ballot shall be presumed to	5243
be valid and eligible for counting, unless, by a vote of at least	5244
three members of the board of elections, the board determines that	5245
the ballot is not eligible to be counted in accordance with	5246
division (B)(4) of this section. If the ballot is eligible to be	5247
counted, the provisional ballot envelope shall be opened, and the	5248
ballot shall be placed in a ballot box to be counted:	5249

~~(a) The individual named on the affirmation is properly~~	5250
~~registered to vote.~~	5251

~~(b) The individual named on the affirmation is eligible to~~	5252
~~cast a ballot in the precinct and for the election in which the~~	5253
~~individual cast the provisional ballot.~~	5254

~~(c) The individual provided all of the information required~~	5255
~~under division (B)(1) of this section in the affirmation that the~~	5256
~~individual executed at the time the individual cast the~~	5257
~~provisional ballot.~~	5258

~~(d) The last four digits of the elector's social security~~	5259
~~number or the elector's driver's license number or state~~	5260
~~identification number are not different from the last four digits~~	5261
~~of the elector's social security number or the elector's driver's~~	5262
~~license number or state identification number contained in the~~	5263
~~statewide voter registration database.~~	5264

~~(e) If applicable, the individual provided any additional~~	5265
~~information required under division (B)(8) of section 3505.181 of~~	5266
~~the Revised Code within ten days after the day of the election.~~	5267

~~(f) If applicable, the hearing conducted under division (B)~~	5268
~~of section 3503.24 of the Revised Code after the day of the~~	5269
~~election resulted in the individual's inclusion in the official~~	5270
~~registration list~~.	5271

(4)~~(a)~~ If, in examining a provisional ballot affirmation and	5272
additional information under divisions (B)(1) and (2) of this	5273
section and comparing the information ~~required under division~~	5274
~~(B)(1) of this section~~ with the elector's information in the	5275
statewide voter registration database, at least three members of	5276
the board ~~determines~~determine that any of the following applies,	5277
the provisional ballot envelope shall not be opened, and the	5278
ballot shall not be counted:	5279

~~(i)~~(a) The individual named on the affirmation is not	5280
qualified or is not properly registered to vote.	5281

~~(ii)~~(b) The individual named on the affirmation is not	5282
eligible to cast a ballot in the precinct ~~or for the election~~ in	5283
which the individual cast the provisional ballot, the individual	5284
was directed to the correct precinct or polling location, and the	5285
individual refused to travel to the correct precinct or polling	5286
location to cast a ballot, as documented by the precinct election	5287
official on the statement accompanying the provisional ballot.	5288

~~(iii) The individual did not provide all of the information~~	5289
~~required under division (B)(1) of this section in the affirmation~~	5290
~~that the individual executed at the time the individual cast the~~	5291
~~provisional ballot.~~	5292

~~(iv)~~(c) The individual has already cast a ballot for the	5293
election in which the individual cast the provisional ballot.	5294

~~(v)~~(d) If applicable, the individual did not provide any	5295
additional information required under division (B)(8) of section	5296
3505.181 of the Revised Code within ten days after the day of the	5297
election.	5298

~~(vi)~~(e) If applicable, the hearing conducted under division	5299
(B) of section 3503.24 of the Revised Code after the day of the	5300
election did not result in the individual's inclusion in the	5301
official registration list.	5302

~~(vii)~~(f) The individual failed to provide a current and valid	5303
photo identification, a military identification, a copy of a	5304
current utility bill, bank statement, government check, paycheck,	5305
or other government document, other than ~~a notice of an election~~	5306
~~mailed by a board of elections under section 3501.19 of the~~	5307
~~Revised Code or~~ a notice of voter registration mailed by a board	5308
of elections under section 3503.19 of the Revised Code, with the	5309
voter's name and current address, or the last four digits of the	5310
individual's social security number, or the individual's driver's	5311
license number or state identification card number, or to execute	5312
an affirmation under division (A) of section 3505.18 or division	5313
(B) of section 3505.181 of the Revised Code.	5314

~~(viii)~~(g) The last four digits of the elector's social	5315
security number or the elector's driver's license number or state	5316
identification number are different from the last four digits of	5317
the elector's social security number or the elector's driver's	5318
license number or state identification number contained in the	5319
statewide voter registration database.	5320

~~(b) If, in examining a provisional ballot affirmation and~~	5321
~~additional information under divisions (B)(1) and (2) of this~~	5322
~~section and comparing the information required under division~~	5323
~~(B)(1) of this section with the elector's information in the~~	5324
~~statewide voter registration database, the board is unable to~~	5325
~~determine either of the following, the provisional ballot envelope~~	5326
~~shall not be opened, and the ballot shall not be counted:~~	5327

~~(i) Whether the individual named on the affirmation is~~	5328
~~qualified or properly registered to vote;~~	5329

~~(ii) Whether the individual named on the affirmation is~~	5330
~~eligible to cast a ballot in the precinct or for the election in~~	5331
~~which the individual cast the provisional ballot.~~	5332

(h) The individual who cast the provisional ballot cannot be	5333
identified.	5334

(i) The individual who cast the provisional ballot is not	5335
eligible to cast a ballot for the election in which the individual	5336
cast the provisional ballot.	5337

(C) In evaluating a provisional ballot affirmation and	5338
additional information under divisions (B)(1) and (2) of this	5339
section to determine whether the provisional ballot is eligible to	5340
be counted, all of the following shall apply:	5341

(1) The last four digits of the individual's social security	5342
number, if provided, shall be sufficient for the purpose of	5343
identifying the provisional voter;	5344

(2) The individual's driver's license number or state	5345
identification card number, if provided, shall be sufficient for	5346
the purpose of identifying the provisional voter;	5347

(3) A provisional ballot affirmation that does not include	5348
the individual's name, or that has the individual's name in an	5349
incorrect location, shall not be rejected if the board determines	5350
the identity of the individual based on the individual's signature	5351
or other means;	5352

(4) A provisional ballot affirmation that contains the	5353
individual's signature in an incorrect location shall not be	5354
rejected if the individual's signature would have been sufficient	5355
if placed in the correct location on the affirmation;	5356

(5) A provisional ballot shall not be rejected on the ground	5357
that any portion of the affirmation required to be completed by a	5358
precinct election official is incomplete;	5359

(6) If there is a tie vote amongst the members of the board	5360
of elections in determining whether a particular provisional	5361
ballot is eligible to be counted under division (B)(3) of this	5362
section, that ballot shall be counted.	5363

(D)(1) For each provisional ballot rejected under division	5364
(B)(4) of this section, the board shall record the name of the	5365
provisional voter who cast the ballot, if that name can be	5366
determined, the identification number of the provisional ballot	5367
envelope, the names of the election officials who determined the	5368
validity of that ballot, the date and time that the determination	5369
was made, and the reason that the ballot was not counted.	5370

(2) Provisional ballots that are rejected under division	5371
(B)(4) of this section shall not be counted but shall be preserved	5372
in their provisional ballot envelopes unopened until the time	5373
provided by section 3505.31 of the Revised Code for the	5374
destruction of all other ballots used at the election for which	5375
ballots were provided, at which time they shall be destroyed.	5376

~~(D)~~(E) Provisional ballots that the board determines are	5377
eligible to be counted under division (B)(3) of this section shall	5378
be counted in the same manner as provided for other ballots under	5379
section 3505.27 of the Revised Code. No provisional ballots shall	5380
be counted in a particular county until the board determines the	5381
eligibility to be counted of all provisional ballots cast in that	5382
county under division (B) of this section for that election.	5383
Observers, as provided in section 3505.21 of the Revised Code, may	5384
be present at all times that the board is determining the	5385
eligibility of provisional ballots to be counted and counting	5386
those provisional ballots determined to be eligible. No person	5387
shall recklessly disclose the count or any portion of the count of	5388
provisional ballots in such a manner as to jeopardize the secrecy	5389
of any individual ballot.	5390

~~(E)~~(F) Notwithstanding any provision of the Revised Code to	5391
the contrary, if an individual casts a provisional ballot in a	5392
precinct polling location other than the individual's correct	5393
precinct polling location, both of the following shall apply:	5394

(1) The provisional ballot shall be counted if the individual	5395
was otherwise eligible to vote in that election and the	5396
provisional ballot cast by that individual contained identical	5397
candidate choices, questions, and issues to the ballot that the	5398
individual would have been eligible to cast if the individual had	5399
voted in the correct precinct polling location;	5400

(2) The provisional ballot shall be remade by the election	5401
officials for all of the candidate choices, questions, and issues	5402
for which the individual made a ballot selection that coincide	5403
with the candidate choices, questions, and issues for which the	5404
individual would have been eligible to cast a ballot if the	5405
individual had voted in the correct precinct polling location, if	5406
the statement on the provisional ballot affirmation that is	5407
required to be completed by the precinct election officials does	5408
not reveal whether or not the individual was properly directed to	5409
the correct precinct and polling location.	5410

(G)(1) Except as otherwise provided in division ~~(E)~~(G)(2) of	5411
this section, nothing in this section shall prevent a board of	5412
elections from examining provisional ballot affirmations and	5413
additional information under divisions (B)(1) and (2) of this	5414
section to determine the eligibility of provisional ballots to be	5415
counted during the ten days after the day of an election.	5416

(2) A board of elections shall not examine the provisional	5417
ballot affirmation and additional information under divisions	5418
(B)(1) and (2) of this section of any provisional ballot for which	5419
an election official has indicated under division (B)(7) of	5420
section 3505.181 of the Revised Code that additional information	5421
is required for the board of elections to determine the	5422
eligibility of the individual who cast that provisional ballot	5423
until the individual provides any information required under	5424
division (B)(8) of section 3505.181 of the Revised Code, until any	5425
hearing required to be conducted under section 3503.24 of the	5426
Revised Code with regard to the provisional voter is held, or	5427
until the eleventh day after the day of the election, whichever is	5428
earlier.	5429

Sec. 3505.184. Not later than five days after the day of an	5430
election, each board of elections shall compile a list of the	5431
names and, if available, voter registration addresses, of each	5432
individual who cast a provisional ballot in that county at that	5433
election. The list shall identify each individual whose	5434
provisional ballot affirmation indicates is required to provide	5435
additional information for the individual's provisional ballot to	5436
be eligible to be counted. The list shall be a public record, and	5437
the board of elections shall either make the list available on its	5438
web site or provide a copy of the list to a requestor within	5439
twenty-four hours after a request for the list is received.	5440

Sec. 3505.20. Any person offering to vote may be challenged	5441
at the polling place by any ~~judge of elections~~precinct election	5442
official. If the board of elections has ruled on the question	5443
presented by a challenge prior to election day, its finding and	5444
decision shall be final, and the ~~presiding judge~~voting location	5445
manager shall be notified in writing. If the board has not ruled,	5446
the question shall be determined as set forth in this section. If	5447
any person is so challenged as unqualified to vote, the ~~presiding~~	5448
~~judge~~voting location manager shall tender the person the	5449
following oath: "You do swear or affirm under penalty of election	5450
falsification that you will fully and truly answer all of the	5451
following questions put to you concerning your qualifications as	5452
an elector at this election."	5453

(A) If the person is challenged as unqualified on the ground	5454
that the person is not a citizen, the ~~judges~~precinct election	5455
officials shall put the following questions:	5456

~~(1)~~ Are you a citizen of the United States?

5457

~~(2) Are you a native or naturalized citizen?~~

5458

~~(3) Where were you born?~~

5459

~~(4) What official documentation do you possess to prove your~~	5460
~~citizenship? Please provide that documentation.~~	5461

~~If the person offering to vote claims to be a naturalized~~	5462
~~citizen of the United States, the person shall, before the vote is~~	5463
~~received, produce for inspection of the judges a certificate of~~	5464
~~naturalization and declare under oath that the person is the~~	5465
~~identical person named in the certificate. If the person states~~	5466
~~under oath that, by reason of the naturalization of the person's~~	5467
~~parents or one of them, the person has become a citizen of the~~	5468
~~United States, and when or where the person's parents were~~	5469
~~naturalized, the certificate of naturalization need not be~~	5470
~~produced. If the person is unable to provide a certificate of~~	5471
~~naturalization on the day of the election, the judges shall~~	5472
~~provide to the person, and the person may vote, a provisional~~	5473
~~ballot under section 3505.181 of the Revised Code. The provisional~~	5474
~~ballot shall not be counted unless it is properly completed and~~	5475
~~the board of elections determines that the voter is properly~~	5476
~~registered and eligible to vote in the election.~~	5477

(B) If the person is challenged as unqualified on the ground	5478
that the person has not resided in this state for thirty days	5479
immediately preceding the election, the ~~judges~~precinct election	5480
officials shall put the following questions:	5481

(1) Have you resided in this state for thirty days	5482
immediately preceding this election? If so, where have you	5483
resided?	5484

(2) Did you properly register to vote?

5485

(3) Can you provide some form of identification containing	5486
your current mailing address in this precinct? Please provide that	5487
identification.	5488

(4) Have you voted or attempted to vote at any other location	5489
in this or in any other state at this election?	5490

(5) Have you applied for an absent voter's ballot in any	5491
state for this election?	5492

If the ~~judges~~precinct election officials are unable to	5493
verify the person's eligibility to cast a ballot in the election,	5494
the ~~judges~~precinct election officials shall provide to the	5495
person, and the person may vote, a provisional ballot under	5496
section 3505.181 of the Revised Code. ~~The provisional ballot shall~~	5497
~~not be counted unless it is properly completed and the board of~~	5498
~~elections determines that the voter is properly registered and~~	5499
~~eligible to vote in the election.~~	5500

(C) If the person is challenged as unqualified on the ground	5501
that the person is not a resident of the precinct where the person	5502
offers to vote, the ~~judges~~precinct election officials shall put	5503
the following questions:	5504

(1) Do you reside in this precinct?

5505

(2) When did you move into this precinct?

5506

(3) When you came into this precinct, did you come for a	5507
temporary purpose merely or for the purpose of making it your	5508
home?	5509

(4) What is your current mailing address?

5510

(5) Do you have some official identification containing your	5511
current address in this precinct? Please provide that	5512
identification.	5513

(6) Have you voted or attempted to vote at any other location	5514
in this or in any other state at this election?	5515

(7) Have you applied for any absent voter's ballot in any	5516
state for this election?	5517

The ~~judges~~precinct election officials shall direct an	5518
individual who is not in the appropriate polling place to the	5519
appropriate polling place. If the individual refuses to go to the	5520
appropriate polling place, or if the ~~judges~~precinct election	5521
officials are unable to verify the person's eligibility to cast a	5522
ballot in the election, the ~~judges~~precinct election officials	5523
shall provide to the person, and the person may vote, a	5524
provisional ballot under section 3505.181 of the Revised Code. ~~The~~	5525
~~provisional ballot shall not be counted unless it is properly~~	5526
~~completed and the board of elections determines that the voter is~~	5527
~~properly registered and eligible to vote in the election.~~	5528

(D) If the person is challenged as unqualified on the ground	5529
that the person is not of legal voting age, the ~~judges~~precinct	5530
election officials shall put the following questions:	5531

(1) Are you eighteen years of age or more?

5532

(2) What is your date of birth?

5533

(3) Do you have some official identification verifying your	5534
age? Please provide that identification.	5535

If the ~~judges~~precinct election officials are unable to	5536
verify the person's age and eligibility to cast a ballot in the	5537
election, the ~~judges~~precinct election officials shall provide to	5538
the person, and the person may vote, a provisional ballot under	5539
section 3505.181 of the Revised Code. ~~The provisional ballot shall~~	5540
~~not be counted unless it is properly completed and the board of~~	5541
~~elections determines that the voter is properly registered and~~	5542
~~eligible to vote in the election.~~	5543

~~The presiding judge shall put such other questions to the~~	5544
~~person challenged as are necessary to determine the person's~~	5545
~~qualifications as an elector at the election.~~ If a person	5546
challenged refuses to answer fully any question put to the person,	5547
is unable to answer the questions as they were answered on the	5548
registration form by the person under whose name the person offers	5549
to vote, or refuses to sign the person's name or make the person's	5550
mark, or if for any other reason a majority of the ~~judges~~precinct	5551
election officials believes the person is not entitled to vote,	5552
the ~~judges~~precinct election officials shall provide to the	5553
person, and the person may vote, a provisional ballot under	5554
section 3505.181 of the Revised Code. ~~The provisional ballot shall~~	5555
~~not be counted unless it is properly completed and the board of~~	5556
~~elections determines that the voter is properly registered and~~	5557
~~eligible to vote in the election.~~	5558

A qualified citizen who has certified the citizen's intention	5559
to vote for president and vice-president as provided by Chapter	5560
3504. of the Revised Code shall be eligible to receive only the	5561
ballot containing presidential and vice-presidential candidates.	5562

However, prior to the nineteenth day before the day of an	5563
election and in accordance with section 3503.24 of the Revised	5564
Code, any person qualified to vote may challenge the right of any	5565
other person to be registered as a voter, or the right to cast an	5566
absent voter's ballot, or to make application for such ballot.	5567
Such challenge shall be made in accordance with section 3503.24 of	5568
the Revised Code, and the board of elections of the county in	5569
which the voting residence of the challenged voter is situated	5570
shall make a final determination relative to the legality of such	5571
registration or application.	5572

Sec. 3505.21. At any primary, special, or general election,	5573
any political party supporting candidates to be voted upon at such	5574
election and any group of five or more candidates may appoint to	5575
the board of elections or to any of the precincts in the county or	5576
city one person, a qualified elector, who shall serve as observer	5577
for such party or such candidates during the casting and counting	5578
of the ballots; provided that separate observers may be appointed	5579
to serve during the casting and during the counting of the	5580
ballots. No candidate, no uniformed peace officer as defined by	5581
section 2935.01 of the Revised Code, no uniformed state highway	5582
patrol trooper, no uniformed member of any fire department, no	5583
uniformed member of the armed services, no uniformed member of the	5584
organized militia, no person wearing any other uniform, and no	5585
person carrying a firearm or other deadly weapon shall serve as an	5586
observer, nor shall any candidate be represented by more than one	5587
observer at any one precinct except that a candidate who is a	5588
member of a party controlling committee, as defined in section	5589
3517.03 of the Revised Code, may serve as an observer. Any	5590
political party or group of candidates appointing observers shall	5591
notify the board of elections of the names and addresses of its	5592
appointees and the precincts at which they shall serve.	5593
Notification shall take place not less than eleven days before the	5594
election on forms prescribed by the secretary of state and may be	5595
amended by filing an amendment with the board of elections at any	5596
time until four p.m. of the day before the election. The observer	5597
serving on behalf of a political party shall be appointed in	5598
writing by the chairperson and secretary of the respective	5599
controlling party committee. Observers serving for any five or	5600
more candidates shall have their certificates signed by those	5601
candidates. Observers appointed to a precinct may file their	5602
certificates of appointment with the ~~presiding judge~~voting	5603
location manager of the precinct at the meeting on the evening	5604
prior to the election, or with the ~~presiding judge~~voting location	5605
manager of the precinct on the day of the election. Upon the	5606
filing of a certificate, the person named as observer in the	5607
certificate shall be permitted to be in and about the polling	5608
place for the precinct during the casting of the ballots and shall	5609
be permitted to watch every proceeding of the ~~judges of elections~~	5610
precinct election officials from the time of the opening until the	5611
closing of the polls. The observer also may inspect the counting	5612
of all ballots in the polling place or board of elections from the	5613
time of the closing of the polls until the counting is completed	5614
and the final returns are certified and signed. Observers	5615
appointed to the board of elections under this section may observe	5616
at the board of elections and may observe at any precinct in the	5617
county. The ~~judges of elections~~precinct election officials shall	5618
protect such observers in all of the rights and privileges granted	5619
to them by Title XXXV of the Revised Code.	5620

No persons other than the ~~judges of elections~~precinct	5621
election officials, the observers, a police officer, other persons	5622
who are detailed to any precinct on request of the board of	5623
elections, or the secretary of state or the secretary of state's	5624
legal representative shall be admitted to the polling place, or	5625
any room in which a board of elections is counting ballots, after	5626
the closing of the polls until the counting, certifying, and	5627
signing of the final returns of each election have been completed.	5628

Not later than four p.m. of the twentieth day prior to an	5629
election at which questions are to be submitted to a vote of the	5630
people, any committee that in good faith advocates or opposes a	5631
measure may file a petition with the board of any county asking	5632
that the petitioners be recognized as the committee entitled to	5633
appoint observers to the count at the election. If more than one	5634
committee alleging themselves to advocate or oppose the same	5635
measure file such a petition, the board shall decide and announce	5636
by registered mail to each committee not less than twelve days	5637
immediately preceding the election which committee is recognized	5638
as being entitled to appoint observers. The decision shall not be	5639
final, but any aggrieved party may institute mandamus proceedings	5640
in the court of common pleas of the county in which the board has	5641
jurisdiction to compel the ~~judges of elections~~precinct election	5642
officials to accept the appointees of such aggrieved party. Any	5643
such recognized committee may appoint an observer to the count in	5644
each precinct. Committees appointing observers shall notify the	5645
board of elections of the names and addresses of its appointees	5646
and the precincts at which they shall serve. Notification shall	5647
take place not less than eleven days before the election on forms	5648
prescribed by the secretary of state and may be amended by filing	5649
an amendment with the board of elections at any time until four	5650
p.m. on the day before the election. A person so appointed shall	5651
file the person's certificate of appointment with the ~~presiding~~	5652
~~judge~~voting location manager in the precinct in which the person	5653
has been appointed to serve. Observers shall file their	5654
certificates before the polls are closed. In no case shall more	5655
than six observers be appointed for any one election in any one	5656
precinct. If more than three questions are to be voted on, the	5657
committees which have appointed observers may agree upon not to	5658
exceed six observers, and the ~~judges of elections~~precinct	5659
election officials shall appoint such observers. If such	5660
committees fail to agree, the ~~judges of elections~~precinct	5661
election officials shall appoint six observers from the appointees	5662
so certified, in such manner that each side of the several	5663
questions shall be represented.	5664

No person shall serve as an observer at any precinct unless	5665
the board of elections of the county in which such observer is to	5666
serve has first been notified of the name, address, and precinct	5667
at which such observer is to serve. Notification to the board of	5668
elections shall be given by the political party, group of	5669
candidates, or committee appointing such observer as prescribed in	5670
this section. No such observers shall receive any compensation	5671
from the county, municipal corporation, or township, and they	5672
shall take the following oath, to be administered by one of the	5673
~~judges of elections~~precinct election officials:	5674

"You do solemnly swear that you will faithfully and	5675
impartially discharge the duties as an official observer, assigned	5676
by law; that you will not cause any delay to persons offering to	5677
vote; and that you will not disclose or communicate to any person	5678
how any elector has voted at such election."	5679

Sec. 3505.23. NoAfter a voter ~~shall be allowed to occupy~~	5680
has occupied a voting compartment or ~~use~~has used a voting machine	5681
more than ~~five~~ten minutes ~~when all the voting compartments or~~	5682
~~machines are in use and voters are waiting to occupy them. Except~~,	5683
and in five minute intervals thereafter, the precinct election	5684
officials shall inquire whether the voter requires assistance in	5685
marking the voter's ballots.	5686

Except as otherwise provided byin this section and section	5687
3505.24 of the Revised Code, no voter shall occupy a voting	5688
compartment or machine with another person or speak to anyone, nor	5689
shall anyone speak to the voter, while the voter is in a voting	5690
compartment or machine.	5691

In precincts that do not use voting machines the following	5692
procedure shall be followed:	5693

If a voter tears, soils, defaces, or erroneously marks a	5694
ballot the voter may return it to the precinct election officials	5695
and a second ballot shall be issued to the voter. Before returning	5696
a torn, soiled, defaced, or erroneously marked ballot, the voter	5697
shall fold it so as to conceal any marks the voter made upon it,	5698
~~but~~. If the ballot includes a ballot stub, the voter shall not	5699
remove Stub A therefrom. If the voter tears, soils, defaces, or	5700
erroneously marks such second ballot, the voter may return it to	5701
the precinct election officials, and a third ballot shall be	5702
issued to the voter. In no case shall more than three ballots be	5703
issued to a voter. Upon receiving a returned torn, soiled,	5704
defaced, or erroneously marked ballot the precinct election	5705
officials shall ~~detach Stub A therefrom,~~ write "Defaced" on the	5706
back of such ballot, and place ~~the stub and~~ the ballot in the	5707
appropriate container. If ballot stubs are being used, the	5708
precinct election officials shall detach Stub A from the returned	5709
torn, soiled, defaced, or erroneously marked ballot and place the	5710
stub and the ballot in the separate containers provided therefor.	5711

No elector shall leave the polling place until the elector	5712
returns to the precinct election officials every ballot issued to	5713
the elector, with Stub A on each ballot attached thereto if	5714
applicable, regardless of whether the elector has or has not	5715
placed any marks upon the ballot.	5716

Before leaving the voting compartment, the voter shall fold	5717
each ballot marked by the voter so that no part of the face of the	5718
ballot is visible, and so that the printing thereon indicating the	5719
kind of ballot it is and the facsimile signatures of the members	5720
of the board of elections are visible. The voter shall then leave	5721
the voting compartment, deliver the voter's ballots, and state the	5722
voter's name to the ~~judge~~precinct election official having charge	5723
of the ballot boxes, who shall announce the name of the voter and	5724
shall, in the presence of the voter, deposit each such ballot in	5725
the proper ballot box. If ballot stubs are being used, the	5726
precinct election official having charge of the ballot boxes shall	5727
announce the name of the voter, detach Stub A from each ballot,	5728
and announce the number on the stubs. The ~~judges~~precinct election	5729
officials in charge of the poll lists or poll books shall check to	5730
ascertain whether the number so announced is the number on Stub B	5731
of the ballots issued to such voter, and if no discrepancy appears	5732
to exist, the ~~judge~~precinct election official in charge of the	5733
ballot boxes shall, in the presence of the voter, deposit each	5734
such ballot in the proper ballot box and shall place Stub A from	5735
each ballot in the container provided therefor. ~~The~~However, no	5736
ballot shall be rejected on the grounds that Stub A has not been	5737
returned with the marked ballot. If the voter returns the ballot	5738
without Stub A attached, the precinct election official in charge	5739
of the poll lists or pollbooks shall note in the poll lists or	5740
pollbooks that Stub A was not returned with the ballot. The	5741
precinct election official in charge of the ballot boxes then	5742
shall, in the presence of the voter, deposit each such ballot in	5743
the proper ballot box. After the voter's ballots and, if	5744
applicable, ballot stubs are placed in the ballot box or	5745
container, as appropriate, the voter shall then immediately leave	5746
the polling place.	5747

~~No ballot delivered by a voter to the judge in charge of the~~	5748
~~ballot boxes with Stub A detached therefrom, and only~~Only ballots	5749
provided in accordance with Title XXXV of the Revised Code, shall	5750
be voted or deposited in the ballot boxes.	5751

In marking a presidential ballot, the voter shall record the	5752
vote in the manner provided on the ballot next to the names of the	5753
candidates for the offices of president and vice-president. Such	5754
ballot shall be considered and counted as a vote for each of the	5755
candidates for election as presidential elector whose names were	5756
certified to the secretary of state by the political party of such	5757
nominees for president and vice-president.	5758

In marking an office type ballot or nonpartisan ballot, the	5759
voter shall record the vote in the manner provided on the ballot	5760
next to the name of each candidate for whom the voter desires to	5761
vote.	5762

In marking a primary election ballot, the voter shall record	5763
the vote in the manner provided on the ballot next to the name of	5764
each candidate for whom the voter desires to vote. If the voter	5765
desires to vote for the nomination of a person whose name is not	5766
printed on the primary election ballot, the voter may do so by	5767
writing such person's name on the ballot in the proper place	5768
provided for such purpose.	5769

In marking a questions and issues ballot, the voter shall	5770
record the vote in the manner provided on the ballot at the left	5771
or at the right of "YES" or "NO" or other words of similar import	5772
which are printed on the ballot to enable the voter to indicate	5773
how the voter votes in connection with each question or issue upon	5774
which the voter desires to vote.	5775

In marking any ballot on which a blank space has been	5776
provided wherein an elector may write in the name of a person for	5777
whom the elector desires to vote, the elector shall write such	5778
person's name in such blank space and on no other place on the	5779
ballot. Unless specific provision is made by statute, no blank	5780
space shall be provided on a ballot for write-in votes, and any	5781
names written on a ballot other than in a blank space provided	5782
therefor shall not be counted or recorded.	5783

Sec. 3505.24. Any elector who declares to the ~~presiding~~	5784
~~judge of elections~~voting location manager that the elector is	5785
unable to mark the elector's ballot by reason of blindness,	5786
disability, or illiteracy may be accompanied in the voting booth	5787
and aided by any person of the elector's choice, other than the	5788
elector's employer, an agent of the elector's employer, or an	5789
officer or agent of the elector's union, if any. The elector also	5790
may request and receive assistance in the marking of the elector's	5791
ballot from two election officials of different political parties.	5792
Any person providing assistance in the marking of an elector's	5793
ballot under this section shall thereafter provide no information	5794
in regard to the marking of that ballot.	5795

Any ~~judge~~precinct election official may require a	5796
declaration of inability to be made by the elector under oath	5797
before the ~~judge~~official. Assistance shall not be rendered for	5798
causes other than those specified in this section, and no	5799
candidate whose name appears on the ballot shall assist any person	5800
in marking that person's ballot.	5801

Sec. 3505.26. At the time for closing the polls, the	5802
~~presiding judge~~voting location manager shall by proclamation	5803
announce that the polls are closed.	5804

The ~~judges~~precinct election officials shall then in the	5805
presence of observers proceed as follows:	5806

(A) Count the number of electors who voted, as shown on the	5807
pollbooks;	5808

(B) Count the unused ballots, without removing stubs if	5809
ballot stubs are being used;	5810

5811

(D) Insert the totals of (A), (B), and (C) on the report	5812
forms provided therefor in the pollbook;	5813

(E) Count the voted ballots. If the number of voted ballots	5814
exceeds the number of voters whose names appear upon the	5815
pollbooks, the ~~presiding judge~~voting location manager shall enter	5816
on the pollbooks an explanation of that discrepancy, and that	5817
explanation, if agreed to, shall be subscribed to by all of the	5818
~~judges~~precinct election officials. Any ~~judge~~precinct official	5819
having a different explanation shall enter it in the pollbooks and	5820
subscribe to it.	5821

(F) Put the unused ballots ~~with stubs attached,~~ and soiled	5822
and defaced ballots ~~with stubs attached,~~ in the envelopes or	5823
containers provided therefor, certify the number, and then proceed	5824
to count and tally the votes in the manner prescribed by section	5825
3505.27 of the Revised Code and certify the result of the election	5826
to the board of elections. If ballot stubs are being used, the	5827
precinct election officials shall leave those stubs attached to	5828
the unused ballots and soiled and defaced ballots, as applicable,	5829
when those ballots are placed in the appropriate envelopes or	5830
containers.	5831

Sec. 3505.27. Unless otherwise ordered by the secretary of	5832
state or the board of elections, the counting and tallying of	5833
ballots shall be conducted according to procedures prescribed by	5834
the board of elections that assure an accurate count of all votes	5835
cast and that include all of the following:	5836

(A) The counting and tallying of ballots at the appropriate	5837
office, as designated by the board, in the full view of members of	5838
the board and observers;	5839

(B) The recording on a worksheet or other appropriate	5840
document of the number of votes cast for each candidate and the	5841
number of votes cast for and against each question or issue;	5842

(C) The periodic reporting to the public and the office of	5843
the secretary of state of the number of votes cast for each	5844
candidate and the number of votes cast for and against each	5845
question or issue as tallied at the time of the report;	5846

(D) An examination and verification by the appropriate	5847
authority, as designated by the board, of the votes so tallied and	5848
recorded in the pollbook under section 3505.26 of the Revised	5849
Code.	5850

The board shall prescribe additional procedures as necessary	5851
to assure an accurate count of all votes cast. These procedures	5852
shall be followed until all of the ballots that are required to be	5853
counted on the day of the election after the close of the polls	5854
have been counted.	5855

All work sheets that are prepared at the polling locations	5856
shall be preserved and placed inside the pollbook and returned to	5857
the board.	5858

If there is any disagreement as to how a ballot should be	5859
counted, it shall be submitted to the members of the board for a	5860
decision on whether or to what extent the ballot should be	5861
counted. If ~~three of the members do not agree as to how any part~~	5862
~~of the ballot shall be counted, only that part of the ballot on~~	5863
~~which three of the members do agree shall be counted. A notation~~	5864
~~shall be made upon the ballot indicating what part has not been~~	5865
~~counted, and the ballot shall be placed in an envelope marked~~	5866
~~"Disputed Ballots."~~there is a tie vote amongst the members of the	5867
board of elections in determining whether a particular ballot, or	5868
portion of a ballot, is eligible to be counted, that ballot, or	5869
portion thereof, shall be counted as a valid vote.	5870

Sec. 3505.29. From the time the ballot box is opened and the	5871
count of ballots begun until the ballots are counted and	5872
certificates of votes cast are made out, signed, certified and	5873
given to the ~~presiding judge~~voting location manager for delivery	5874
to the headquarters of the board of elections, the ~~judges~~precinct	5875
election officials in each precinct shall not separate, nor shall	5876
a ~~judge~~precinct election official leave the polling place except	5877
from unavoidable necessity. In cases of illness or unavoidable	5878
necessity, the board may substitute another qualified person for	5879
any precinct official so incapacitated.	5880

Sec. 3505.30. When the results of the ballots have been	5881
ascertained, such results shall be embodied in a summary statement	5882
to be prepared by the ~~judges~~precinct election officials in	5883
duplicate, on forms provided by the board of elections. One copy	5884
shall be certified by the ~~judges~~precinct election officials and	5885
posted on the front of the polling place, and one copy, similarly	5886
certified, shall be transmitted without delay to the board in a	5887
sealed envelope along with the other returns of the election. The	5888
board shall, immediately upon receipt of such summary statements,	5889
compile and prepare an unofficial count and upon its completion	5890
shall transmit prepaid, immediately by telephone, facsimile	5891
machine, or other telecommunications device, the results of such	5892
unofficial count to the secretary of state, or to the board of the	5893
most populous county of the district which is authorized to	5894
canvass the returns. Such count, in no event, shall be made later	5895
than twelve noon on the day following the election. ~~The board~~	5896
~~shall also, at the same time, certify the results thereof to the~~	5897
~~secretary of state by certified mail.~~ The board shall remain in	5898
session from the time of the opening of the polls, continuously,	5899
until the results of the election are received from every precinct	5900
in the county and such results are communicated to the secretary	5901
of state.	5902

Sec. 3505.31. When the results of the voting in a polling	5903
place on the day of an election have been determined and entered	5904
upon the proper forms and the certifications of those results have	5905
been signed by the precinct officials, those officials, before	5906
leaving the polling place, shall place all ballots that they have	5907
counted in containers provided for that purpose by the board of	5908
elections, and shall seal each container in a manner that it	5909
cannot be opened without breaking the seal or the material of	5910
which the container is made. They shall also seal the pollbook,	5911
poll list or signature pollbook, and tally sheet in a manner that	5912
the data contained in these items cannot be seen without breaking	5913
the seals. On the outside of these items shall be a plain	5914
indication that they are to be filed with the board. The ~~presiding~~	5915
~~judge~~voting location manager and ~~an employee or appointee of the~~	5916
~~board of elections who has taken an oath to uphold the laws and~~	5917
~~constitution of this state, including an oath that the person will~~	5918
~~promptly and securely perform the duties required under this~~	5919
~~section and~~another precinct election official who is a member of	5920
a different political party than the ~~presiding judge~~voting	5921
location manager, shall then deliver to the board the containers	5922
of ballots and the sealed pollbook, poll list, and tally sheet,	5923
together with all other election reports, materials, and supplies	5924
required to be delivered to the board.	5925

The board shall carefully preserve all ballots prepared and	5926
provided by it for use in an election, whether used or unused, for	5927
sixty days after the day of the election, except that, if an	5928
election includes the nomination or election of candidates for any	5929
of the offices of president, vice-president, presidential elector,	5930
member of the senate of the congress of the United States, or	5931
member of the house of representatives of the congress of the	5932
United States, the board shall carefully preserve all ballots	5933
prepared and provided by it for use in that election, whether used	5934
or unused, for twenty-two months after the day of the election. If	5935
an election is held within that sixty-day period, the board shall	5936
have authority to transfer those ballots to other containers to	5937
preserve them until the sixty-day period has expired. After that	5938
sixty-day period, the ballots shall be disposed of by the board in	5939
a manner that the board orders, or where voting machines have been	5940
used the counters may be turned back to zero; provided that the	5941
secretary of state, within that sixty-day period, may order the	5942
board to preserve the ballots or any part of the ballots for a	5943
longer period of time, in which event the board shall preserve	5944
those ballots for that longer period of time.	5945

In counties where voting machines are used, if an election is	5946
to be held within the sixty days immediately following a primary,	5947
general, or special election or within any period of time within	5948
which the ballots have been ordered preserved by the secretary of	5949
state or a court of competent jurisdiction, the board, after	5950
giving notice to all interested parties and affording them an	5951
opportunity to have a representative present, shall open the	5952
compartments of the machines and, without unlocking the machines,	5953
shall recanvass the vote cast in them as if a recount were being	5954
held. The results shall be certified by the board, and this	5955
certification shall be filed in the board's office and retained	5956
for the remainder of the period for which ballots must be kept.	5957
After preparation of the certificate, the counters may be turned	5958
back to zero, and the machines may be used for the election.	5959

The board shall carefully preserve the pollbook, poll list or	5960
signature pollbook, and tally sheet delivered to it from each	5961
polling place until it has completed the official canvass of the	5962
election returns from all precincts in which electors were	5963
entitled to vote at an election, and has prepared and certified	5964
the abstracts of election returns, as required by law. The board	5965
shall not break, or permit anyone to break, the seals upon the	5966
pollbook, poll list or signature pollbook, and tally sheet, or	5967
make, or permit any one to make, any changes or notations in these	5968
items, while they are in its custody, except as provided by	5969
section 3505.32 of the Revised Code.	5970

Pollbooks and poll lists or signature pollbooks of a party	5971
primary election delivered to the board from polling places shall	5972
be carefully preserved by it for two years after the day of	5973
election in which they were used, and shall then be disposed of by	5974
the board in a manner that the board orders.	5975

Pollbooks, poll lists or signature pollbooks, tally sheets,	5976
summary statements, and other records and returns of an election	5977
delivered to it from polling places shall be carefully preserved	5978
by the board for two years after the day of the election in which	5979
they were used, and shall then be disposed of by the board in a	5980
manner that the board orders.	5981

Sec. 3506.021. (A) A board of elections may adopt the use of	5982
any electronic pollbook that has been certified for use in this	5983
state in accordance with section 3506.05 of the Revised Code,	5984
instead of using poll lists or signature pollbooks. A board of	5985
elections that opts to use electronic pollbooks shall notify the	5986
secretary of state of that decision.	5987

(B) The secretary of state shall provide each board of	5988
elections that adopts the use of electronic pollbooks under	5989
division (A) of this section with rules, instructions, directives,	5990
and advisories regarding the examination, testing, and use of	5991
electronic pollbooks, including rules regarding the sealing of the	5992
information in those pollbooks as required under section 3505.31	5993
of the Revised Code.	5994

(C) Notwithstanding any provision of section 3501.30 of the	5995
Revised Code to the contrary, a precinct polling location that	5996
uses electronic pollbooks shall have at least two electronic	5997
pollbook interfaces, regardless of the number of electors who	5998
reside in that precinct. For a multiple precinct polling location,	5999
the number of pollbook interfaces shall increase by at least one	6000
for each additional precinct combined in the multiple precinct	6001
polling location.	6002

(D) As used in this section, "electronic pollbook" has the	6003
same meaning as in section 3506.05 of the Revised Code.	6004

Sec. 3506.05. (A) As used in this section~~, except~~:

6005

(1) "Electronic pollbook" means an electronic list of	6006
registered voters for a particular precinct or polling location	6007
that may be transported to a polling location.	6008

(2) Except when used as part of the phrase "tabulating	6009
equipment" or "automatic tabulating equipment,":	6010

~~(1) "Equipment"~~"equipment" means a voting machine, marking	6011
device, automatic tabulating equipment, or software, or an	6012
electronic pollbook.	6013

~~(2)~~(3) "Vendor" means the person that owns, manufactures,	6014
distributes, or has the legal right to control the use of	6015
equipment, or the person's agent.	6016

(B) No voting machine, marking device, automatic tabulating	6017
equipment, or software for the purpose of casting or tabulating	6018
votes or for communications among systems involved in the	6019
tabulation, storage, or casting of votes, and no electronic	6020
pollbook, shall be purchased, leased, put in use, or continued to	6021
be used, except for experimental use as provided in division (B)	6022
of section 3506.04 of the Revised Code, unless it, a manual of	6023
procedures governing its use, and training materials, service, and	6024
other support arrangements have been certified by the secretary of	6025
state and unless the board of elections of each county where the	6026
equipment will be used has assured that a demonstration of the use	6027
of the equipment has been made available to all interested	6028
electors. The secretary of state shall appoint a board of voting	6029
machine examiners to examine and approve equipment and its related	6030
manuals and support arrangements. The board shall consist of four	6031
members, who shall be appointed as follows:	6032

(1) Two members appointed by the secretary of state.

6033

(2) One member appointed by either the speaker of the house	6034
of representatives or the minority leader of the house of	6035
representatives, whichever is a member of the opposite political	6036
party from the one to which the secretary of state belongs.	6037

(3) One member appointed by either the president of the	6038
senate or the minority leader of the senate, whichever is a member	6039
of the opposite political party from the one to which the	6040
secretary of state belongs.	6041

In all cases of a tie vote or a disagreement in the board, if	6042
no decision can be arrived at, the board shall submit the matter	6043
in controversy to the secretary of state, who shall summarily	6044
decide the question, and the secretary of state's decision shall	6045
be final. Each member of the board shall be a competent and	6046
experienced election officer or a person who is knowledgeable	6047
about the operation of voting equipment and shall serve during the	6048
secretary of state's term. Any vacancy on the board shall be	6049
filled in the same manner as the original appointment. The	6050
secretary of state shall provide staffing assistance to the board,	6051
at the board's request.	6052

For the member's service, each member of the board shall	6053
receive three hundred dollars per day for each combination of	6054
marking device, tabulating equipment, ~~and~~ voting machine, or	6055
electronic pollbook examined and reported, but in no event shall a	6056
member receive more than six hundred dollars to examine and report	6057
on any one marking device, item of tabulating equipment, or voting	6058
machine, or electronic pollbook. Each member of the board shall be	6059
reimbursed for expenses the member incurs during an examination or	6060
during the performance of any related duties that may be required	6061
by the secretary of state. Reimbursement of these expenses shall	6062
be made in accordance with, and shall not exceed, the rates	6063
provided for under section 126.31 of the Revised Code.	6064

Neither the secretary of state nor the board, nor any public	6065
officer who participates in the authorization, examination,	6066
testing, or purchase of equipment, shall have any pecuniary	6067
interest in the equipment or any affiliation with the vendor.	6068

(C)(1) A vendor who desires to have the secretary of state	6069
certify equipment shall first submit the equipment, all current	6070
related procedural manuals, and a current description of all	6071
related support arrangements to the board of voting machine	6072
examiners for examination, testing, and approval. The submission	6073
shall be accompanied by a fee of two thousand four hundred dollars	6074
and a detailed explanation of the construction and method of	6075
operation of the equipment, a full statement of its advantages,	6076
and a list of the patents and copyrights used in operations	6077
essential to the processes of vote recording and tabulating, vote	6078
storage, system security, pollbook storage and security, and other	6079
crucial operations of the equipment as may be determined by the	6080
board. An additional fee, in an amount to be set by rules	6081
promulgated by the board, may be imposed to pay for the costs of	6082
alternative testing or testing by persons other than board	6083
members, record-keeping, and other extraordinary costs incurred in	6084
the examination process. Moneys not used shall be returned to the	6085
person or entity submitting the equipment for examination.	6086

(2) Fees collected by the secretary of state under this	6087
section shall be deposited into the state treasury to the credit	6088
of the board of voting machine examiners fund, which is hereby	6089
created. All moneys credited to this fund shall be used solely for	6090
the purpose of paying for the services and expenses of each member	6091
of the board or for other expenses incurred relating to the	6092
examination, testing, reporting, or certification of ~~voting~~	6093
~~machine devices~~equipment, the performance of any related duties	6094
as required by the secretary of state, or the reimbursement of any	6095
person submitting an examination fee as provided in this chapter.	6096

(D) Within sixty days after the submission of the equipment	6097
and payment of the fee, or as soon thereafter as is reasonably	6098
practicable, but in any event within not more than ninety days	6099
after the submission and payment, the board of voting machine	6100
examiners shall examine the equipment and file with the secretary	6101
of state a written report on the equipment with its	6102
recommendations and, if applicable, its determination or condition	6103
of approval regarding whether the equipment, manual, and other	6104
related materials or arrangements meet the criteria set forth in	6105
sections 3506.07 and 3506.10 of the Revised Code and can be safely	6106
used by the voters at elections under the conditions prescribed in	6107
Title XXXV of the Revised Code, or a written statement of reasons	6108
for which testing requires a longer period. The board may grant	6109
temporary approval for the purpose of allowing experimental use of	6110
equipment. If the board finds that the equipment meets ~~the~~any	6111
applicable criteria set forth in sections 3506.06, 3506.07, and	6112
3506.10 of the Revised Code, can be used safely and, if	6113
applicable, can be depended upon to record and count accurately	6114
and continuously the votes of electors, and has the capacity to be	6115
warranted, maintained, and serviced, it shall approve the	6116
equipment and recommend that the secretary of state certify the	6117
equipment. The secretary of state shall notify all boards of	6118
elections of any such certification. Equipment of the same model	6119
and make, if it ~~provides for recording of voter intent, system~~	6120
~~security, voter privacy, retention of vote, and communication of~~	6121
~~voting records~~operates in an identical manner, may then be	6122
adopted for use at elections.	6123

(E) The vendor shall notify the secretary of state, who shall	6124
then notify the board of voting machine examiners, of any	6125
enhancement and any significant adjustment to the hardware or	6126
software that could result in a patent or copyright change or that	6127
significantly alters the methods of recording voter intent, system	6128
security, voter privacy, retention of the vote, communication of	6129
~~voting~~ records, and connections between the system and other	6130
systems. The vendor shall provide the secretary of state with an	6131
updated operations manual for the equipment, and the secretary of	6132
state shall forward the manual to the board. Upon receiving such a	6133
notification and manual, the board may require the vendor to	6134
submit the equipment to an examination and test in order for the	6135
equipment to remain certified. The board or the secretary of state	6136
shall periodically examine, test, and inspect certified equipment	6137
to determine continued compliance with the requirements of this	6138
chapter and the initial certification. Any examination, test, or	6139
inspection conducted for the purpose of continuing certification	6140
of any equipment in which a significant problem has been uncovered	6141
or in which a record of continuing problems exists shall be	6142
performed pursuant to divisions (C) and (D) of this section, in	6143
the same manner as the examination, test, or inspection is	6144
performed for initial approval and certification.	6145

(F) If, at any time after the certification of equipment, the	6146
board of voting machine examiners or the secretary of state is	6147
notified by a board of elections of any significant problem with	6148
the equipment or determines that the equipment fails to meet the	6149
requirements necessary for approval or continued compliance with	6150
the requirements of this chapter, or if the board of voting	6151
machine examiners determines that there are significant	6152
enhancements or adjustments to the hardware or software, or if	6153
notice of such enhancements or adjustments has not been given as	6154
required by division (E) of this section, the secretary of state	6155
shall notify the users and vendors of that equipment that	6156
certification of the equipment may be withdrawn.	6157

(G)(1) The notice given by the secretary of state under	6158
division (F) of this section shall be in writing and shall specify	6159
both of the following:	6160

(a) The reasons why the certification may be withdrawn;

6161

(b) The date on which certification will be withdrawn unless	6162
the vendor takes satisfactory corrective measures or explains why	6163
there are no problems with the equipment or why the enhancements	6164
or adjustments to the equipment are not significant.	6165

(2) A vendor who receives a notice under division (F) of this	6166
section shall, within thirty days after receiving it, submit to	6167
the board of voting machine examiners in writing a description of	6168
the corrective measures taken and the date on which they were	6169
taken, or the explanation required under division (G)(1)(b) of	6170
this section.	6171

(3) Not later than fifteen days after receiving a written	6172
description or explanation under division (G)(2) of this section	6173
from a vendor, the board shall determine whether the corrective	6174
measures taken or the explanation is satisfactory to allow	6175
continued certification of the equipment, and the secretary of	6176
state shall send the vendor a written notice of the board's	6177
determination, specifying the reasons for it. If the board has	6178
determined that the measures taken or the explanation given is	6179
unsatisfactory, the notice shall include the effective date of	6180
withdrawal of the certification. This date may be different from	6181
the date originally specified in division (G)(1)(b) of this	6182
section.	6183

(4) A vendor who receives a notice under division (G)(3) of	6184
this section indicating a decision to withdraw certification may,	6185
within thirty days after receiving it, request in writing that the	6186
board hold a hearing to reconsider its decision. Any interested	6187
party shall be given the opportunity to submit testimony or	6188
documentation in support of or in opposition to the board's	6189
recommendation to withdraw certification. Failure of the vendor to	6190
take appropriate steps as described in division (G)(1)(b) or to	6191
comply with division (G)(2) of this section results in a waiver of	6192
the vendor's rights under division (G)(4) of this section.	6193

(H)(1) The secretary of state, in consultation with the board	6194
of voting machine examiners, shall establish, by rule, guidelines	6195
for the approval, certification, and continued certification of	6196
the voting machines, marking devices, ~~and~~ tabulating equipment,	6197
and electronic pollbooks to be used under Title XXXV of the	6198
Revised Code. The guidelines shall establish procedures requiring	6199
vendors or computer software developers to place in escrow with an	6200
independent escrow agent approved by the secretary of state a copy	6201
of all source code and related documentation, together with	6202
periodic updates as they become known or available. The secretary	6203
of state shall require that the documentation include a system	6204
configuration and that the source code include all relevant	6205
program statements in low- or high-level languages. As used in	6206
this division, "source code" does not include variable codes	6207
created for specific elections.	6208

(2) Nothing in any rule adopted under division (H) of this	6209
section shall be construed to limit the ability of the secretary	6210
of state to follow or adopt, or to preclude the secretary of state	6211
from following or adopting, any guidelines proposed by the federal	6212
election commission, any entity authorized by the federal election	6213
commission to propose guidelines, the election assistance	6214
commission, or any entity authorized by the election assistance	6215
commission to propose guidelines.	6216

(3)(a) Before the initial certification of any direct	6217
recording electronic voting machine with a voter verified paper	6218
audit trail, and as a condition for the continued certification	6219
and use of those machines, the secretary of state shall establish,	6220
by rule, standards for the certification of those machines. Those	6221
standards shall include, but are not limited to, all of the	6222
following:	6223

(i) A definition of a voter verified paper audit trail as a	6224
paper record of the voter's choices that is verified by the voter	6225
prior to the casting of the voter's ballot and that is securely	6226
retained by the board of elections;	6227

(ii) Requirements that the voter verified paper audit trail	6228
shall not be retained by any voter and shall not contain	6229
individual voter information;	6230

(iii) A prohibition against the production by any direct	6231
recording electronic voting machine of anything that legally could	6232
be removed by the voter from the polling place, such as a receipt	6233
or voter confirmation;	6234

(iv) A requirement that paper used in producing a voter	6235
verified paper audit trail be sturdy, clean, and resistant to	6236
degradation;	6237

(v) A requirement that the voter verified paper audit trail	6238
shall be capable of being optically scanned for the purpose of	6239
conducting a recount or other audit of the voting machine and	6240
shall be readable in a manner that makes the voter's ballot	6241
choices obvious to the voter without the use of computer or	6242
electronic codes;	6243

(vi) A requirement, for office-type ballots, that the voter	6244
verified paper audit trail include the name of each candidate	6245
selected by the voter;	6246

(vii) A requirement, for questions and issues ballots, that	6247
the voter verified paper audit trail include the title of the	6248
question or issue, the name of the entity that placed the question	6249
or issue on the ballot, and the voter's ballot selection on that	6250
question or issue, but not the entire text of the question or	6251
issue.	6252

(b) The secretary of state, by rule adopted under Chapter	6253
119. of the Revised Code, may waive the requirement under division	6254
(H)(3)(a)(v) of this section, if the secretary of state determines	6255
that the requirement is cost prohibitive.	6256

(4)(a) Except as otherwise provided in division (H)(4)(c) of	6257
this section, any voting machine, marking device, or automatic	6258
tabulating equipment initially certified or acquired on or after	6259
December 1, 2008, shall have the most recent federal certification	6260
number issued by the election assistance commission.	6261

(b) Any voting machine, marking device, or automatic	6262
tabulating equipment certified for use in this state on September	6263
12, 2008, shall meet, as a condition of continued certification	6264
and use, the voting system standards adopted by the federal	6265
election commission in 2002.	6266

(c) A county that acquires additional voting machines,	6267
marking devices, or automatic tabulating equipment on or after	6268
December 1, 2008, shall not be considered to have acquired those	6269
machines, devices, or equipment on or after December 1, 2008, for	6270
the purpose of division (H)(4)(a) of this section if all of the	6271
following apply:	6272

(i) The voting machines, marking devices, or automatic	6273
tabulating equipment acquired are the same as the machines,	6274
devices, or equipment currently used in that county.	6275

(ii) The acquisition of the voting machines, marking devices,	6276
or automatic tabulating equipment does not replace or change the	6277
primary voting system used in that county.	6278

(iii) The acquisition of the voting machines, marking	6279
devices, or automatic tabulating equipment is for the purpose of	6280
replacing inoperable machines, devices, or equipment or for the	6281
purpose providing additional machines, devices, or equipment	6282
required to meet the allocation requirements established pursuant	6283
to division (I) of section 3501.11 of the Revised Code.	6284

Sec. 3506.08. When a marking device designed for use with	6285
printed ballot cards has been approved by the secretary of state	6286
pursuant to section 3506.05 of the Revised Code, the secretary of	6287
state shall for each election prescribe specifications for the	6288
printing of such ballot cards that will present to voters the same	6289
information with respect to candidates, offices, questions, and	6290
issues obtainable from paper ballots for the same election	6291
prepared pursuant to Chapter 3505. of the Revised Code.	6292

~~Each~~If a board of elections opts to use ballots that include	6293
ballot stubs, each ballot card shall have attached two stubs, each	6294
of the width of the ballot and each at least one-half inch in	6295
length, except that, if the board of elections has an alternate	6296
method to account for the ballots that the secretary of state has	6297
authorized, each ballot card may have only one stub that shall be	6298
the width of the ballot and not less than one-half inch in length.	6299
In the case of ballot cards with two stubs, the stubs shall be	6300
separated from the ballot card and from each other by perforated	6301
lines. One stub shall be known as Stub A and shall have printed on	6302
its face "Stub A" and "Consecutive Number ....." The other stub	6303
shall be known as Stub B and shall have printed on its face "Stub	6304
B" and "Consecutive Number ....." and the instructions to the	6305
voter which shall be printed in upper and lower case ten point	6306
type. ~~Each~~If ballot stubs are used, each ballot card of each kind	6307
of ballot provided for use in each precinct shall be numbered	6308
consecutively by printing such number upon both of the stubs	6309
attached thereto. ~~The~~	6310

The board of elections may order the ballot type, part,	6311
rotation series, and the precinct designation printed and	6312
pre-punched at the top of each ballot card. This information shall	6313
be separated from the remaining portion of the ballot card.	6314

The secretary of state shall further prescribe the	6315
supplementary means, whether paper ballots, ballot envelopes, or	6316
other, by which a voter may write in the names of candidates whose	6317
names do not appear on the ballot.	6318

Sec. 3506.09. Where a marking device designed for use with	6319
electronic data processing cards has been approved by the	6320
secretary of state pursuant to section 3506.05 of the Revised	6321
Code, the secretary of state shall for each election prescribe for	6322
use with such marking device ballot labels that will present to	6323
voters the same information with respect to candidates, offices,	6324
questions, and issues obtainable from paper ballots for the same	6325
election prepared pursuant to Chapter 3505. of the Revised Code.	6326

~~Each~~If a board of elections opts to use ballots that include	6327
ballot stubs, each ballot card shall have attached two stubs, each	6328
of the width of the ballot and each at least one-half inch in	6329
length, except that, if the board of elections has an alternate	6330
method to account for the ballots that the secretary of state has	6331
authorized, each ballot card may have only one stub that shall be	6332
the width of the ballot and not less than one-half inch in length.	6333
In the case of ballot cards with two stubs, the stubs shall be	6334
separated from the ballot card and from each other by perforated	6335
lines. One stub shall be known as Stub A and shall have printed on	6336
its face "Stub A" and "Consecutive Number ....." The other stub	6337
shall be known as Stub B and shall have printed on its face "Stub	6338
B" and "Consecutive Number ....." and the instructions to the	6339
voter which shall be printed in upper and lower case ten point	6340
type. ~~Each~~If ballot stubs are used, each ballot card of each kind	6341
of ballot provided for use in each precinct shall be numbered	6342
consecutively by printing such number upon both of the stubs	6343
attached thereto. ~~The~~	6344

The board of elections may order the ballot type, part,	6345
rotation series, and the precinct designation printed and	6346
pre-punched at the top of each ballot card. This information shall	6347
be separated from the remaining portion of the ballot card.	6348

The secretary of state shall further prescribe the	6349
supplementary means, whether paper ballots, ballot envelopes, or	6350
other, by which a voter may write in the names of candidates whose	6351
names do not appear on the ballot.	6352

Sec. 3506.12. In counties where marking devices, automatic	6353
tabulating equipment, voting machines, or any combination of these	6354
are in use or are to be used, the board of elections:	6355

(A) May combine,or rearrange~~, and enlarge~~ precincts, subject	6356
to the precinct population requirements established in division	6357
(A) of section 3501.18 of the Revised Code; but the board shall	6358
arrange for a sufficient number of these devices to accommodate	6359
the number of electors in each precinct as determined by the	6360
number of votes cast in that precinct at the most recent election	6361
for the office of governor, taking into consideration the size and	6362
location of each selected polling place, available parking,	6363
handicap accessibility and other accessibility to the polling	6364
place, and the number of candidates and issues to be voted on.	6365
Notwithstanding section 3501.22 of the Revised Code, the board may	6366
appoint more than four precinct officers to each precinct if this	6367
is made necessary by the number of voting machines to be used in	6368
that precinct.	6369

(B) Except as otherwise provided in this division, shall	6370
establish one or more counting stations to receive voted ballots	6371
and other precinct election supplies after the polling precincts	6372
are closed. Those stations shall be under the supervision and	6373
direction of the board of elections. Processing and counting of	6374
voted ballots, and the preparation of summary sheets, shall be	6375
done in the presence of observers approved by the board. A	6376
certified copy of the summary sheet for the precinct shall be	6377
posted at each counting station immediately after completion of	6378
the summary sheet.	6379

~~In counties where punch card ballots are used, one or more~~	6380
~~counting stations, located at the board of elections, shall be~~	6381
~~established, at which location all punch card ballots shall be~~	6382
~~counted.~~	6383

~~As used in this division, "punch card ballot" has the same~~	6384
~~meaning as in section 3506.16 of the Revised Code.~~	6385

Sec. 3506.15. The secretary of state shall provide each	6386
board of elections with rules, instructions, directives, and	6387
advisories regarding the examination, testing, and use of the	6388
voting machine and tabulating equipment, the assignment of duties	6389
of booth officials, the procedure for casting a vote on the	6390
machine, and how the vote shall be tallied and reported to the	6391
board, and with other rules, instructions, directives, and	6392
advisories the secretary of state finds necessary to ensure the	6393
adequate care and custody of voting equipment, and the accurate	6394
registering, counting, and canvassing of the votes as required by	6395
this chapter. The boards of elections shall be charged with the	6396
responsibility of providing for the adequate instruction of voters	6397
and election officials in the proper use of the voting machine and	6398
marking devices. ~~The boards' instructions shall include, in~~	6399
~~counties where punch card ballots are used, instructions that each~~	6400
~~voter shall examine the voter's marked ballot card and remove any~~	6401
~~chads that remain partially attached to it before returning it to~~	6402
~~election officials.~~	6403

The secretary of state's rules, instructions, directives, and	6404
advisories provided under this section shall comply, insofar as	6405
practicable, with this chapter. The provisions of Title XXXV of	6406
the Revised Code, not inconsistent with the provisions relating to	6407
voting machines, apply in any county using a voting machine.	6408

~~As used in this section, "chad" and "punch card ballot" have~~	6409
~~the same meanings as in section 3506.16 of the Revised Code.~~	6410

Sec. 3506.17. When a direct recording electronic voting	6411
machine is used, and the elector leaves the polling location after	6412
making ballot selections but prior to casting the ballot, both of	6413
the following shall apply:	6414

(A) If only a single step of the voting process remains for	6415
the ballot to be cast, a bipartisan pair of precinct election	6416
officials shall cast the elector's ballot, leaving in place the	6417
elector's ballot selections.	6418

(B) If more than a single step of the voting process remains	6419
for the ballot to be cast, a bipartisan pair of precinct election	6420
officials shall cancel the ballot.	6421

Sec. 3506.21. (A) As used in this section, "optical scan	6422
ballot" means a ballot that is marked by using a specified writing	6423
instrument to fill in a designated position to record a voter's	6424
candidate, question, or issue choice and that can be scanned and	6425
electronically read in order to tabulate the vote.	6426

(B)(1) In addition to marks that can be scanned and	6427
electronically read by automatic tabulating equipment, any of the	6428
following marks, if a majority of those marks are made in a	6429
consistent manner throughout an optical scan ballot, shall be	6430
counted as a valid vote:	6431

(a) A candidate, question, or issue choice that has been	6432
circled by the voter;	6433

(b) An oval beside the candidate, question, or issue choice	6434
that has been circled by the voter;	6435

(c) An oval beside the candidate, question, or issue choice	6436
that has been marked by the voter with an "x," a check mark, or	6437
other recognizable mark;	6438

(d) A candidate, question, or issue choice that has been	6439
marked with a writing instrument that cannot be recognized by	6440
automatic tabulating equipment.	6441

(2) Marks made on an optical scan ballot in accordance with	6442
division (B)(1) of this section shall be counted as valid votes	6443
only if that optical scan ballot contains no marks that can be	6444
scanned and electronically read by automatic tabulating equipment.	6445

(3) IfSubject to division (E) of this section, if automatic	6446
tabulating equipment detects that more marks were made on an	6447
optical scan ballot for a particular office, question, or issue	6448
than the number of selections that a voter is allowed by law to	6449
make for that office, question, or issue, the voter's ballot shall	6450
be invalidated for that office, question, or issue. The ballot	6451
shall not be invalidated for any other office, question, or issue	6452
for which the automatic tabulating equipment detects a vote to	6453
have been cast, in accordance with the law.	6454

(C) The secretary of state may adopt rules under Chapter 119.	6455
of the Revised Code to authorize additional types of optical scan	6456
ballots and to specify the types of marks on those ballots that	6457
shall be counted as a valid vote to ensure consistency in the	6458
counting of ballots throughout the state.	6459

(D)(1) A board of elections of a county that uses optical	6460
scan ballots and automatic tabulating equipment as the primary	6461
voting system for the county shall not tabulate the unofficial	6462
results of optical scan ballots voted on election day at a central	6463
location.	6464

(2) A board of elections that provides for the tabulation at	6465
each precinct of voted ballots, and then, at a central location,	6466
combines those precinct ballot totals with ballot totals from	6467
other precincts, including optical scan ballots voted by absent	6468
voters, shall not be considered to be tabulating the unofficial	6469
results of optical scan ballots at a central location for the	6470
purpose of division (D)(1) of this section.	6471

(E) If a voter has marked a ballot for a particular candidate	6472
and also has written in the same candidate's name as a write-in	6473
candidate for the same office, the ballot shall not be invalidated	6474
with respect to that office. The ballot shall be separated from	6475
the remainder of the ballots and preserved so that the ballot can	6476
be remade and tabulated for the official canvass of the election	6477
returns and for any subsequent recount or postelection audit.	6478

The election officials shall remake any such ballot by	6479
properly marking a replacement ballot with a vote for the named	6480
candidate. Ballots remade under this division shall be tabulated	6481
in the same manner as other ballots for the official canvass of	6482
the election returns and for any subsequent recount or	6483
postelection audit. The original ballot shall be marked as having	6484
been remade and shall be retained separately by the board of	6485
elections.	6486

Sec. 3509.01. (A) The board of elections of each county shall	6487
provide absent voter's ballots for use at every primary and	6488
general election, or special election to be held on the day	6489
specified by division (E) of section 3501.01 of the Revised Code	6490
for the holding of a primary election, designated by the general	6491
assembly for the purpose of submitting constitutional amendments	6492
proposed by the general assembly to the voters of the state. Those	6493
ballots shall be the same size, shall be printed on the same kind	6494
of paper, and shall be in the same form as has been approved for	6495
use at the election for which those ballots are to be voted;	6496
except that, in counties using marking devices, ballot cards may	6497
be used for absent voter's ballots, and those absent voters shall	6498
be instructed to record the vote in the manner provided on the	6499
ballot cards. ~~In counties where punch card ballots are used, those~~	6500
~~absent voters shall be instructed to examine their marked ballot~~	6501
~~cards and to remove any chads that remain partially attached to~~	6502
~~them before returning them to election officials.~~	6503

(B) The rotation of names of candidates and questions and	6504
issues shall be substantially complied with on absent voter's	6505
ballots, within the limitation of time allotted. Those ballots	6506
shall be designated as "Absent Voter's Ballots." Except as	6507
otherwise provided in division (D) of this section, those ballots	6508
shall be printed and ready for use as follows:	6509

(1) For overseas voters and absent uniformed services voters	6510
eligible to vote under the Uniformed and Overseas Citizens	6511
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	6512
1973ff, et seq., as amended, ballots shall be printed and ready	6513
for use on the forty-fifth day before the day of the election.	6514

(2) For all ~~other~~ voters, other than overseas voters and	6515
absent uniformed services voters, who are applying to vote absent	6516
voter's ballots other than in person, ballots shall be printed and	6517
ready for use on the thirty-fifth day before the day of the	6518
election.	6519

(3)(a) For all voters who are applying to vote absent voter's	6520
ballots in person, ballots shall be printed and ready for use	6521
beginning on the thirty-fifth day before the day of the election	6522
and shall continue to be available for use through two p.m. on the	6523
day before the day of the election, according to the following	6524
minimum standards:	6525

(i) During the first three weeks of in-person absent voting,	6526
ballots shall be available from eight a.m. through five p.m.	6527
Monday through Friday, except that ballots shall be available	6528
until nine p.m. on the last day of voter registration for that	6529
election;	6530

(ii) Beginning on the third Monday before the day of the	6531
election, ballots shall be available from eight a.m. through seven	6532
p.m. Monday through Friday, from eight a.m. through five p.m. on	6533
Saturday, and from twelve p.m. through eight p.m. on Sunday;	6534

(iii) Beginning on the second Monday before the day of the	6535
election, ballots shall be available from eight a.m. through nine	6536
p.m. Monday through Friday, from eight a.m. through eight p.m. on	6537
Saturday, and from twelve p.m. through eight p.m. on Sunday;	6538

(iv) On the last Monday before the day of the election,	6539
ballots shall be available from eight a.m. through two p.m.	6540

(b) A board of elections may alter the hours that absent	6541
voter's ballots are available for use in person under division	6542
(B)(3)(a) of this section based on the individual facts and needs	6543
of the electors in the applicable county by a vote of not less	6544
than three members of the board. If a board alters the hours	6545
specified in that division, all of the following shall apply:	6546

(i) Ballots shall be available until nine p.m. on the last	6547
day of voter registration for that election;	6548

(ii) Ballots shall be available for a minimum of thirty hours	6549
each week on weekdays throughout the thirty-five-day period, with	6550
at least ten of those hours occurring after five p.m.;	6551

(iii) Ballots shall be available for a minimum of eight hours	6552
on a Saturday and a minimum of four hours on a Sunday within the	6553
last two weekends before the day of the election;	6554

(iv) Ballots shall be available from at least eight a.m.	6555
through two p.m. on the day before the day of the election.	6556

(c) If, at the time of the close of in-person absent voting	6557
on a particular day, there are voters waiting in line to cast	6558
their ballots, the in-person absent voting location shall be kept	6559
open until such waiting voters have cast their absent voter's	6560
ballots.	6561

(C) Absent voter's ballots provided for use at a general or	6562
primary election, or special election to be held on the day	6563
specified by division (E) of section 3501.01 of the Revised Code	6564
for the holding of a primary election, designated by the general	6565
assembly for the purpose of submitting constitutional amendments	6566
proposed by the general assembly to the voters of the state, shall	6567
include only those questions, issues, and candidacies that have	6568
been lawfully ordered submitted to the electors voting at that	6569
election.	6570

(D)(1) If the laws governing the holding of a special	6571
election on a day other than the day on which a primary or general	6572
election is held make it impossible for absent voter's ballots to	6573
be printed and ready for use by the deadlines established in	6574
division (B) of this section, absent voter's ballots for those	6575
special elections shall be ready for use as many days before the	6576
day of the election as reasonably possible under the laws	6577
governing the holding of that special election.	6578

(2) If, in accordance with Section 2 of Article XVII, Ohio	6579
Constitution, an election is required to be held to fill a vacancy	6580
that occurs after absent voter's ballots have been printed and	6581
distributed under division (B) of this section, the board of	6582
elections shall print and distribute a supplemental ballot for	6583
that election to each absent voter who has requested a ballot for	6584
that election as many days before the election as reasonably	6585
possible.	6586

(E) A copy of the absent voter's ballots shall be forwarded	6587
by the director of the board in each county to the secretary of	6588
state at least twenty-five days before the election.	6589

~~(F) As used in this section, "chad" and "punch card ballot"~~	6590
~~have the same meanings as in section 3506.16 of the Revised Code.~~	6591

Sec. 3509.03. Except as provided in division (B) of section	6592
3509.08 of the Revised Code, any qualified elector desiring to	6593
vote absent voter's ballots at an election shall make written	6594
application for those ballots to the director of elections of the	6595
county in which the elector's voting residence is located. The	6596
application need not be in any particular form but shall contain	6597
all of the following:	6598

(A) The elector's name;

6599

(B) The elector's signature;

6600

6601

(D) The elector's date of birth;

6602

(E) One of the following:

6603

(1) The elector's driver's license number or state	6604
identification card number;	6605

(2) The last four digits of the elector's social security	6606
number;	6607

(3) A copy of the elector's current and valid photo	6608
identification, a copy of a military identification, or a copy of	6609
a current utility bill, bank statement, government check,	6610
paycheck, or other government document, other than ~~a notice of an~~	6611
~~election mailed by a board of elections under section 3501.19 of~~	6612
~~the Revised Code or~~ a notice of voter registration mailed by a	6613
board of elections under section 3503.19 of the Revised Code, that	6614
shows the name and address of the elector.	6615

(F) A statement identifying the election for which absent	6616
voter's ballots are requested;	6617

(G) A statement that the person requesting the ballots is a	6618
qualified elector;	6619

(H) If the request is for primary election ballots, the	6620
elector's party affiliation;	6621

(I) If the elector desires ballots to be mailed to the	6622
elector, the address to which those ballots shall be mailed.	6623

Each application for absent voter's ballots shall be	6624
delivered to the director not earlier than the first day of	6625
January of the year of the elections for which the absent voter's	6626
ballots are requested or not earlier than ninety days before the	6627
day of the election at which the ballots are to be voted,	6628
whichever is earlier, and not later than twelve noon of the third	6629
day before the day of the election at which the ballots are to be	6630
voted, or not later than ~~six p.m. on the~~ ~~the last Friday before~~	6631
~~the day of~~the end of the time for casting absent voter's ballots	6632
in person prior to the election at which the ballots are to be	6633
voted if the application is delivered in person to the office of	6634
the board.	6635

Sec. 3509.031. The secretary of state shall mail an	6636
application for absent voter's ballots to each person who is	6637
registered to vote in this state not earlier than the twentieth	6638
day of September and not later than the first day of October of	6639
any year in which a statewide general election will be held. Not	6640
later than twenty days before the day of that election, the	6641
secretary of state shall mail an application for absent voter's	6642
ballots to each person who registered to vote or updated the	6643
person's voter registration after the initial mailing.	6644

Sec. 3509.032. (A) The secretary of state, by rule, shall	6645
establish a secure online process for applying to vote by absent	6646
voter's ballots. The rules shall provide for all of the following:	6647

(1) An elector to submit an application to vote by absent	6648
voter's ballots online through the internet;	6649

(2) The elector to be sent proper absent voter's ballots for	6650
the applicable election, if all of the following apply:	6651

(a) The application contains all of the required information;

6652

(b) The elector is registered to vote and eligible to vote in	6653
the election for which the elector is seeking absent voter's	6654
ballots;	6655

(c) The elector attests to the truth and accuracy of the	6656
information submitted in the online application under penalty of	6657
election falsification using the elector's Ohio driver's license	6658
number, the elector's Ohio identification card number, or the last	6659
four digits of the elector's social security number as proof of	6660
the elector's identity.	6661

(B) If an elector applies to vote by absent voter's ballots	6662
under this section, the secretary of state shall obtain an	6663
electronic copy of the elector's signature that is on file with	6664
the statewide voter registration database. That electronic	6665
signature shall be used as the elector's signature on the absent	6666
voter's ballot application, for the purpose of matching the	6667
signature with the elector's signature on the elector's voter	6668
registration record.	6669

(C) The secretary of state shall employ whatever security	6670
measures the secretary considers necessary to ensure the integrity	6671
and accuracy of information submitted electronically pursuant to	6672
this section.	6673

(D) The online absent voter's ballot application established	6674
under division (A) of this section shall include the following	6675
language:	6676

"By clicking the box below, I affirm all of the following	6677
under penalty of election falsification:	6678

(1) I am the person whose name and identifying information is	6679
provided on this form, and I wish to receive an absent voter's	6680
ballot for the specified election.	6681

(2) All of the information I have provided on this form is	6682
true and correct as of the date I am submitting this form.	6683

(3) I authorize the Ohio Secretary of State to use my	6684
signature that is on file with the statewide voter registration	6685
database to validate this electronic absent voter's ballot	6686
application as if I had signed this form personally."	6687

In order to apply for absent voter's ballots under division	6688
(A) of this section, an elector shall be required to mark the box	6689
in the online absent voter's ballot application that appears in	6690
conjunction with the previous statement.	6691

(E) The online absent voter's ballot application process	6692
established under division (A) of this section shall be in	6693
operation and available for use by individuals who wish to apply	6694
to vote by absent voter's ballots not later than one year after	6695
the effective date of this section.	6696

Sec. 3509.04. (A) If a director of a board of elections	6697
receives an application for absent voter's ballots that does not	6698
contain all of the required information, the director promptly	6699
shall notify the applicant of the additional information required	6700
to be provided by the applicant to complete that application. The	6701
board of elections may contact the applicant using whatever means	6702
is deemed appropriate by the board in consideration of the	6703
timeframe needed to meet applicable deadlines and the effort	6704
needed to complete the application, to notify the applicant of the	6705
deficiency. Whenever possible, the board shall complete the	6706
application by confirming information with the applicant via	6707
telephone, facsimile transmission, electronic mail, or postal	6708
mail.	6709

(B) Upon receipt by the director of elections of an	6710
application for absent voter's ballots that contains all of the	6711
required information, as provided by section 3509.03 and division	6712
(G) of section 3503.16 of the Revised Code, the director, if the	6713
director finds that the applicant is a qualified elector, shall	6714
deliver to the applicant in person or mail directly to the	6715
applicant by special delivery mail, air mail, or regular mail,	6716
postage prepaid, proper absent voter's ballots. The director shall	6717
deliver or mail with the ballots an unsealed identification	6718
envelope upon the face of which shall be printed a form	6719
substantially as follows:	6720

"Identification Envelope Statement of Voter	6721

I, ........................(Name of voter), declare under	6722
penalty of election falsification that the within ballot or	6723
ballots contained no voting marks of any kind when I received	6724
them, and I caused the ballot or ballots to be marked, enclosed in	6725
the identification envelope, and sealed in that envelope.	6726

My voting residence in Ohio is

6727

...................................................................	6728

(Street and Number, if any, or Rural Route and Number)	6729

of ................................ (City, Village, or Township)	6730
Ohio, which is in Ward ............... Precinct ................	6731
in that city, village, or township.	6732

The primary election ballots, if any, within this envelope	6733
are primary election ballots of the ............. Party.	6734

Ballots contained within this envelope are to be voted at the	6735
.......... (general, special, or primary) election to be held on	6736
the .......................... day of ......................, ....	6737

My date of birth is ............... (Month and Day),	6738
.......... (Year).	6739

(Voter must provide one of the following:)

6740

My driver's license number is ............... (Driver's	6741
license number).	6742

My state identification card number is ............... (State	6743
identification card number).	6744

The last four digits of my Social Security Number are	6745
............... (Last four digits of Social Security Number).	6746

...... In lieu of providing a driver's license number, state	6747
identification card number, or the last four digits of my Social	6748
Security Number, I am enclosing a copy of one of the following in	6749
the return envelope in which this identification envelope will be	6750
mailed: a current and valid photo identification, a military	6751
identification, or a current utility bill, bank statement,	6752
government check, paycheck, or other government document, other	6753
than ~~a notice of an election mailed by a board of elections under~~	6754
~~section 3501.19 of the Revised Code or~~ a notice of voter	6755
registration mailed by a board of elections, that shows my name	6756
and address.	6757

I hereby declare, under penalty of election falsification,	6758
that the statements above are true, as I verily believe.	6759

			6760
	(Signature of Voter)		6761

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	6762
THE FIFTH DEGREE."	6763

The director shall mail with the ballots and the unsealed	6764
identification envelope an unsealed return envelope upon the face	6765
of which shall be printed the official title and post-office	6766
address of the director. In the upper left corner on the face of	6767
the return envelope, several blank lines shall be printed upon	6768
which the voter may write the voter's name and return address. The	6769
return envelope shall be of such size that the identification	6770
envelope can be conveniently placed within it for returning the	6771
identification envelope to the director.	6772

Sec. 3509.05. (A) When an elector receives an absent voter's	6773
ballot pursuant to the elector's application or request, the	6774
elector shall, before placing any marks on the ballot, note	6775
whether there are any voting marks on it. If there are any voting	6776
marks, the ballot shall be returned immediately to the board of	6777
elections; otherwise, the elector shall cause the ballot to be	6778
marked, folded in a manner that the stub on it, if ballot stubs	6779
are being used, and the indorsements and facsimile signatures of	6780
the members of the board of elections on the back of it are	6781
visible, and placed and sealed within the identification envelope	6782
received from the director of elections for that purpose. Then,	6783
the elector shall cause the statement of voter on the outside of	6784
the identification envelope to be completed and signed, under	6785
penalty of election falsification.	6786

If the elector does not provide the elector's driver's	6787
license number, state identification card number, or the last four	6788
digits of the elector's social security number on the statement of	6789
voter on the identification envelope, the elector also shall	6790
include in the return envelope with the identification envelope a	6791
copy of the elector's current valid photo identification, a copy	6792
of a military identification, or a copy of a current utility bill,	6793
bank statement, government check, paycheck, or other government	6794
document, other than ~~a notice of an election mailed by a board of~~	6795
~~elections under section 3501.19 of the Revised Code or~~ a notice of	6796
voter registration mailed by a board of elections under section	6797
3503.19 of the Revised Code, that shows the name and address of	6798
the elector.	6799

The elector shall mail the identification envelope to the	6800
director from whom it was received in the return envelope, postage	6801
prepaid, or the elector may personally deliver it to the director,	6802
or the spouse of the elector, the father, mother, father-in-law,	6803
mother-in-law, grandfather, grandmother, brother, or sister of the	6804
whole or half blood, or the son, daughter, adopting parent,	6805
adopted child, stepparent, stepchild, uncle, aunt, nephew, or	6806
niece of the elector may deliver it to the director. The return	6807
envelope shall be transmitted to the director in no other manner,	6808
except as provided in section 3509.08 of the Revised Code.	6809

When absent voter's ballots are delivered to an elector at	6810
the office of the board, the elector may retire to a voting	6811
compartment provided by the board and there mark the ballots.	6812
Thereupon, the elector shall fold them, place them in the	6813
identification envelope provided, seal the envelope, fill in and	6814
sign the statement on the envelope under penalty of election	6815
falsification, and deliver the envelope to the director of the	6816
board.	6817

Except as otherwise provided in division (B) of this section,	6818
all other envelopes containing marked absent voter's ballots shall	6819
be delivered to the director not later than the close of the polls	6820
on the day of an election. Absent voter's ballots delivered to the	6821
director later than the times specified shall not be counted, but	6822
shall be kept by the board in the sealed identification envelopes	6823
in which they are delivered to the director, until the time	6824
provided by section 3505.31 of the Revised Code for the	6825
destruction of all other ballots used at the election for which	6826
ballots were provided, at which time they shall be destroyed.	6827

(B)(1) Except as otherwise provided in division (B)(2) of	6828
this section, any return envelope that is postmarked prior to the	6829
day of the election shall be delivered to the director prior to	6830
the eleventh day after the election. Ballots delivered in	6831
envelopes postmarked prior to the day of the election that are	6832
received after the close of the polls on election day through the	6833
tenth day thereafter shall be counted on the eleventh day at the	6834
board of elections in the manner provided in divisions (C) and (D)	6835
of section 3509.06 of the Revised Code. Any such ballots that are	6836
received by the director later than the tenth day following the	6837
election shall not be counted, but shall be kept by the board in	6838
the sealed identification envelopes as provided in division (A) of	6839
this section.	6840

(2) Division (B)(1) of this section shall not apply to any	6841
mail that is postmarked using a postage evidencing system,	6842
including a postage meter, as defined in 39 C.F.R. 501.1.	6843

(C) Upon receipt of any return envelope prior to the eleventh	6844
day after the day of any election, the board of elections shall	6845
open it but shall not open the identification envelope contained	6846
in it. If, upon so opening the return envelope, the board finds	6847
ballots in it that are not enclosed in and properly sealed in the	6848
identification envelope, the board shall not look at the markings	6849
upon the ballots and shall promptly place them in the	6850
identification envelope and promptly seal it. If, upon so opening	6851
the return envelope, the board finds that ballots are enclosed in	6852
the identification envelope but that it is not properly sealed,	6853
the board shall not look at the markings upon the ballots and	6854
shall promptly seal the identification envelope.	6855

Sec. 3509.06. (A) The board of elections shall determine	6856
whether absent voter's ballots shall be counted in each precinct,	6857
at the office of the board, or at some other location designated	6858
by the board, and shall proceed accordingly under division (B) or	6859
(C) of this section.	6860

(B) When the board of elections determines that absent	6861
voter's ballots shall be counted in each precinct, the director	6862
shall deliver to the ~~presiding judge~~voting location manager of	6863
each precinct on election day identification envelopes purporting	6864
to contain absent voter's ballots of electors whose voting	6865
residence appears from the statement of voter on the outside of	6866
each of those envelopes, to be located in ~~such presiding judge's~~	6867
that manager's precinct, and which were received by the director	6868
not later than the close of the polls on election day. The	6869
director shall deliver to ~~such presiding judge~~the voting location	6870
manager a list containing the name and voting residence of each	6871
person whose voting residence is in such precinct to whom absent	6872
voter's ballots were mailed.	6873

(C) When the board of elections determines that absent	6874
voter's ballots shall be counted at the office of the board of	6875
elections or at another location designated by the board, special	6876
election ~~judges~~officials shall be appointed by the board for that	6877
purpose having the same authority as is exercised by precinct	6878
~~judges~~election officials. The votes so cast shall be added to the	6879
vote totals by the board, and the absent voter's ballots shall be	6880
preserved separately by the board, in the same manner and for the	6881
same length of time as provided by section 3505.31 of the Revised	6882
Code.	6883

(D) Each of the identification envelopes purporting to	6884
contain absent voter's ballots delivered to the ~~presiding judge~~	6885
voting location manager of the precinct or the special ~~judge~~	6886
election official appointed by the board of elections shall be	6887
handled as follows: The election officials shall ~~compare the~~	6888
~~signature of the elector on the outside of the identification~~	6889
~~envelope with the signature of that elector on the elector's~~	6890
~~registration form and verify~~attempt to determine the identity of	6891
the absent voter. If the election officials are able to determine	6892
the identity of the elector who cast the ballot, the ballot shall	6893
be presumed to be valid and eligible for counting unless, by a	6894
vote of at least three members of the board of elections, the	6895
board determines that the absent voter's ballot is not eligible	6896
to be counted under section 3509.07 of the Revised Code. Any of	6897
the precinct officials may challenge the right of the elector	6898
named on the identification envelope to vote the absent voter's	6899
ballots upon the ground that the signature on the envelope is not	6900
the same as the signature on the registration form, or upon any	6901
other of the grounds upon which the right of persons to vote may	6902
be lawfully challenged. If no such challenge is made, or if such a	6903
challenge is made and not sustained, the ~~presiding judge~~voting	6904
location manager shall open the envelope without defacing the	6905
statement of voter and without mutilating the ballots in it, and	6906
shall remove the ballots contained in it and proceed to count	6907
them. If the challenge is made and sustained, or if the precinct	6908
election officials are unable to resolve the challenge, the sealed	6909
envelope shall be delivered to the board of elections, so that the	6910
board of elections may vote to resolve the challenge in accordance	6911
with section 3509.07 of the Revised Code.	6912

The name of each person voting who is entitled to vote only	6913
an absent voter's presidential ballot shall be entered in a	6914
pollbook or poll list or signature pollbook followed by the words	6915
"Absentee Presidential Ballot." The name of each person voting an	6916
absent voter's ballot, other than such persons entitled to vote	6917
only a presidential ballot, shall be entered in the pollbook or	6918
poll list or signature pollbook and the person's registration card	6919
marked to indicate that the person has voted.	6920

The date of such election shall also be entered on the	6921
elector's registration form. If any such challenge is made and	6922
sustained, the identification envelope of such elector shall not	6923
be opened, shall be endorsed "Not Counted" with the reasons the	6924
ballots were not counted, and shall be delivered to the board.	6925

(E) Special election ~~judges~~officials, employees or members	6926
of the board of elections, or observers shall not disclose the	6927
count or any portion of the count of absent voter's ballots prior	6928
to the time of the closing of the polling places. No person shall	6929
recklessly disclose the count or any portion of the count of	6930
absent voter's ballots in such a manner as to jeopardize the	6931
secrecy of any individual ballot.	6932

(F) Observers may be appointed under section 3505.21 of the	6933
Revised Code to witness the examination and opening of	6934
identification envelopes and the counting of absent voters'	6935
ballots under this section.	6936

Sec. 3509.07. ~~If election officials~~(A) Subject to division	6937
(B) of this section, if at least three members of the board of	6938
elections find that the statement accompanying an absent voter's	6939
ballot or absent voter's presidential ballot is insufficient, that	6940
the signatures do not correspond with the person's registration	6941
signature, that the applicant is not a qualified elector in the	6942
precinct, that the ballot envelope contains more than one ballot	6943
of any one kind, or any voted ballot that the elector is not	6944
entitled to vote, ~~that Stub A is detached from the absent voter's~~	6945
~~ballot or absent voter's presidential ballot,~~ or that the elector	6946
has not included with the elector's ballot any identification	6947
required under section 3509.05 or 3511.09 of the Revised Code, the	6948
board of elections may contact the absent voter using whatever	6949
means is deemed appropriate by the board in consideration of the	6950
timeframe needed to meet applicable deadlines and the effort	6951
needed to complete the identification envelope or cure the	6952
deficiency, to notify the voter of the deficiency. Whenever	6953
possible, the board shall complete the identification statement,	6954
or cure the deficiency, by confirming information with the voter	6955
via telephone, facsimile transmission, electronic mail, or postal	6956
mail. If any deficiency is not cured before the eleventh day after	6957
the election, the vote shall not be accepted or counted. ~~The~~If	6958
ballot stubs are being used, no absent voter's ballot or absent	6959
voter's presidential ballot shall be rejected on the grounds that	6960
Stub A is detached from or has not been returned with the marked	6961
ballot.	6962

The vote of any absent voter may be challenged for cause in	6963
the same manner as other votes are challenged, and the election	6964
officials shall determine the legality of that ballot. Every	6965
ballot not counted shall be endorsed on its back "Not Counted"	6966
with the reasons the ballot was not counted, and shall be enclosed	6967
and returned to or retained by the board of elections along with	6968
the contested ballots.	6969

(B) Notwithstanding any provision of the Revised Code to the	6970
contrary, if an elector receives an absent voter's ballot for an	6971
incorrect precinct from the election officials and the elector	6972
marks and returns that ballot, all of the following shall apply:	6973

(1) The absent voter's ballot shall be counted if the elector	6974
was otherwise eligible to vote in that election and the absent	6975
voter's ballot cast by that elector contained identical candidate	6976
choices, questions, and issues to the ballot that the elector was	6977
eligible to vote.	6978

(2) The absent voter's ballot shall be remade by the election	6979
officials for all of the candidate choices, questions, and issues	6980
for which the elector made a ballot selection that coincide with	6981
the candidate choices, questions, and issues for which the elector	6982
was eligible to vote.	6983

Sec. 3509.08. (A) Any qualified elector, who, on account of	6984
the elector's own personal illness, physical disability, or	6985
infirmity, or on account of the elector's confinement in a jail or	6986
workhouse under sentence for a misdemeanor or awaiting trial on a	6987
felony or misdemeanor, will be unable to travel from the elector's	6988
home or place of confinement to the voting booth in the elector's	6989
precinct on the day of any general, special, or primary election	6990
may make application in writing, by facsimile transmission, or by	6991
electronic mail for an absent voter's ballot to the director of	6992
the board of elections of the elector's county. The application	6993
shall include all of the information required under section	6994
3509.03 of the Revised Code and shall state the nature of the	6995
elector's illness, physical disability, or infirmity, or the fact	6996
that the elector is confined in a jail or workhouse and the	6997
elector's resultant inability to travel to the election booth in	6998
the elector's precinct on election day. The application shall not	6999
be valid if it is delivered to the director before the ninetieth	7000
day or after twelve noon of the third day before the day of the	7001
election at which the ballot is to be voted.	7002

The absent voter's ballot may be mailed directly to the	7003
applicant at the applicant's voting residence or place of	7004
confinement as stated in the applicant's application, or the board	7005
may designate two board employees belonging to the two major	7006
political parties for the purpose of delivering the ballot to the	7007
disabled or confined elector and returning it to the board, unless	7008
the applicant is confined to a public or private institution	7009
within the county, in which case the board shall designate two	7010
board employees belonging to the two major political parties for	7011
the purpose of delivering the ballot to the disabled or confined	7012
elector and returning it to the board. In all other instances, the	7013
ballot shall be returned to the office of the board in the manner	7014
prescribed in section 3509.05 of the Revised Code.	7015

Any disabled or confined elector who declares to the two	7016
board employees belonging to the two major political parties that	7017
the elector is unable to mark the elector's ballot by reason of	7018
physical infirmity that is apparent to the employees to be	7019
sufficient to incapacitate the voter from marking the elector's	7020
ballot properly, may receive, upon request, the assistance of the	7021
employees in marking the elector's ballot, and they shall	7022
thereafter give no information in regard to this matter. Such	7023
assistance shall not be rendered for any other cause.	7024

When two board employees belonging to the two major political	7025
parties deliver a ballot to a disabled or confined elector, each	7026
of the employees shall be present when the ballot is delivered,	7027
when assistance is given, and when the ballot is returned to the	7028
office of the board, and shall subscribe to the declaration on the	7029
identification envelope.	7030

The secretary of state shall prescribe the form of	7031
application for absent voter's ballots under this division.	7032

This chapter applies to disabled and confined absent voter's	7033
ballots except as otherwise provided in this section.	7034

(B)(1) Any qualified elector who is unable to travel to the	7035
voting booth in the elector's precinct on the day of any general,	7036
special, or primary election may apply to the director of the	7037
board of elections of the county where the elector is a qualified	7038
elector to vote in the election by absent voter's ballot if either	7039
of the following apply:	7040

(a) The elector is confined in a hospital as a result of an	7041
accident or unforeseeable medical emergency occurring before the	7042
election;	7043

(b) The elector's minor child is confined in a hospital as a	7044
result of an accident or unforeseeable medical emergency occurring	7045
before the election.	7046

(2) The application authorized under division (B)(1) of this	7047
section ~~shall~~may be made in writing, by facsimile transmission,	7048
or by electronic mail and shall include all of the information	7049
required under section 3509.03 of the Revised Code, and shall be	7050
delivered to the director not later than three p.m. on the day of	7051
the election. The application shall indicate the hospital where	7052
the applicant or the applicant's child is confined, the date of	7053
the applicant's or the applicant's child's admission to the	7054
hospital, and the offices for which the applicant is qualified to	7055
vote. The applicant may also request that a member of the	7056
applicant's family, as listed in section 3509.05 of the Revised	7057
Code, deliver the absent voter's ballot to the applicant. The	7058
director, after establishing to the director's satisfaction the	7059
validity of the circumstances claimed by the applicant, shall	7060
supply an absent voter's ballot to be delivered to the applicant.	7061
When the applicant or the applicant's child is in a hospital in	7062
the county where the applicant is a qualified elector and no	7063
request is made for a member of the family to deliver the ballot,	7064
the director shall arrange for the delivery of an absent voter's	7065
ballot to the applicant, and for its return to the office of the	7066
board, by two board employees belonging to the two major political	7067
parties according to the procedures prescribed in division (A) of	7068
this section. When the applicant or the applicant's child is in a	7069
hospital outside the county where the applicant is a qualified	7070
elector and no request is made for a member of the family to	7071
deliver the ballot, the director shall arrange for the delivery of	7072
an absent voter's ballot to the applicant by mail, and the ballot	7073
shall be returned to the office of the board in the manner	7074
prescribed in section 3509.05 of the Revised Code.	7075

(3) Any qualified elector who is eligible to vote under	7076
division (B) or (C) of section 3503.16 of the Revised Code but is	7077
unable to do so because of the circumstances described in division	7078
(B)(2) of this section may vote in accordance with division (B)(1)	7079
of this section if that qualified elector states in the	7080
application for absent voter's ballots that that qualified elector	7081
moved or had a change of name under the circumstances described in	7082
division (B) or (C) of section 3503.16 of the Revised Code and if	7083
that qualified elector complies with ~~divisions~~division (G)~~(1) to~~	7084
~~(4)~~ of section 3503.16 of the Revised Code.	7085

(C) Any qualified elector described in division (A) or (B)(1)	7086
of this section who needs no assistance to vote or to return	7087
absent voter's ballots to the board of elections may apply for	7088
absent voter's ballots under section 3509.03 of the Revised Code	7089
instead of applying for them under this section.	7090

(D) Any elector who applies for an absent voter's ballot	7091
under division (A) or (B) of this section by facsimile	7092
transmission or electronic mail shall include a paper application	7093
for those ballots that includes the elector's signature in the	7094
return envelope with the elector's completed absent voter's	7095
ballots or, if the elector votes with the assistance of two board	7096
employees, the elector may deliver the paper application for those	7097
ballots to the board employees who assist the elector.	7098

Sec. 3511.012. Notwithstanding any provision of the Revised	7099
Code to the contrary, any registered Ohio voter who is dispatched	7100
as part of a military, civilian, or corporate response to a	7101
federal- or state-declared disaster at any time during the	7102
thirty-five days prior to the day of an election shall be eligible	7103
to vote under this chapter in the same manner as a uniformed	7104
services voter or overseas voter.	7105

Sec. 3511.02. Notwithstanding any section of the Revised	7106
Code to the contrary, whenever any person applies for registration	7107
as a voter on a form adopted in accordance with federal	7108
regulations relating to the "Uniformed and Overseas Citizens	7109
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	7110
this application shall be sufficient for voter registration and as	7111
a request for an absent voter's ballot. Uniformed services or	7112
overseas absent voter's ballots may be obtained by any person	7113
meeting the requirements of section 3511.011 of the Revised Code	7114
by applying electronically to the secretary of state or to the	7115
board of elections of the county in which the person's voting	7116
residence is located in accordance with section 3511.021 of the	7117
Revised Code or by applying to the director of the board of	7118
elections of the county in which the person's voting residence is	7119
located, in one of the following ways:	7120

(A) That person may make written application for those	7121
ballots. The person may personally deliver the application to the	7122
director or may mail it, send it by facsimile machine, send it by	7123
electronic mail, send it through internet delivery if such	7124
delivery is offered by the board of elections or the secretary of	7125
state, or otherwise send it to the director. The application need	7126
not be in any particular form but shall contain all of the	7127
following information:	7128

(1) The elector's name;

7129

(2) The elector's signature;

7130

(3) The address at which the elector is registered to vote;

7131

(4) The elector's date of birth;

7132

(5) One of the following:

7133

(a) The elector's driver's license number or state	7134
identification card number;	7135

(b) The last four digits of the elector's social security	7136
number;	7137

(c) A copy of the elector's current and valid photo	7138
identification, a copy of a military identification, or a copy of	7139
a current utility bill, bank statement, government check,	7140
paycheck, or other government document, other than ~~a notice of an~~	7141
~~election mailed by a board of elections under section 3501.19 of~~	7142
~~the Revised Code or~~ a notice of voter registration mailed by a	7143
board of elections under section 3503.19 of the Revised Code, that	7144
shows the name and address of the elector.	7145

(6) A statement identifying the election for which absent	7146
voter's ballots are requested;	7147

(7) A statement that the person requesting the ballots is a	7148
qualified elector;	7149

(8) A statement that the elector is an absent uniformed	7150
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	7151

(9) A statement of the elector's length of residence in the	7152
state immediately preceding the commencement of service,	7153
immediately preceding the date of leaving to be with or near the	7154
service member, or immediately preceding leaving the United	7155
States, or a statement that the elector's parent or legal guardian	7156
resided in this state long enough to establish residency for	7157
voting purposes immediately preceding leaving the United States,	7158
whichever is applicable;	7159

(10) If the request is for primary election ballots, the	7160
elector's party affiliation;	7161

(11) If the elector desires ballots to be mailed to the	7162
elector, the address to which those ballots shall be mailed;	7163

(12) If the elector desires ballots to be sent to the elector	7164
by facsimile machine, the telephone number to which they shall be	7165
so sent;	7166

(13) If the elector desires ballots to be sent to the elector	7167
by electronic mail or, if offered by the board of elections or the	7168
secretary of state, through internet delivery, the elector's	7169
electronic mail address or other internet contact information.	7170

(B) A voter or any relative of a voter listed in division (C)	7171
of this section may use a single federal post card application to	7172
apply for uniformed services or overseas absent voter's ballots	7173
for use at the primary and general elections in a given year and	7174
any special election to be held on the day in that year specified	7175
by division (E) of section 3501.01 of the Revised Code for the	7176
holding of a primary election, designated by the general assembly	7177
for the purpose of submitting constitutional amendments proposed	7178
by the general assembly to the voters of the state. A single	7179
federal postcard application shall be processed by the board of	7180
elections pursuant to section 3511.04 of the Revised Code the same	7181
as if the voter had applied separately for uniformed services or	7182
overseas absent voter's ballots for each election.	7183

(C) Application to have uniformed services or overseas absent	7184
voter's ballots mailed or sent by facsimile machine to such a	7185
person may be made by the spouse, father, mother, father-in-law,	7186
mother-in-law, grandfather, grandmother, brother or sister of the	7187
whole blood or half blood, son, daughter, adopting parent, adopted	7188
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle,	7189
aunt, nephew, or niece of such a person. The application shall be	7190
in writing upon a blank form furnished only by the director or on	7191
a single federal post card as provided in division (B) of this	7192
section. The form of the application shall be prescribed by the	7193
secretary of state. The director shall furnish that blank form to	7194
any of the relatives specified in this division desiring to make	7195
the application, only upon the request of such a relative made in	7196
person at the office of the board or upon the written request of	7197
such a relative mailed to the office of the board. The	7198
application, subscribed and sworn to by the applicant, shall	7199
contain all of the following:	7200

(1) The full name of the elector for whom ballots are	7201
requested;	7202

(2) A statement that the elector is an absent uniformed	7203
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	7204

(3) The address at which the elector is registered to vote;

7205

(4) A statement identifying the elector's length of residence	7206
in the state immediately preceding the commencement of service,	7207
immediately preceding the date of leaving to be with or near a	7208
service member, or immediately preceding leaving the United	7209
States, or a statement that the elector's parent or legal guardian	7210
resided in this state long enough to establish residency for	7211
voting purposes immediately preceding leaving the United States,	7212
as the case may be;	7213

(5) The elector's date of birth;

7214

(6) One of the following:

7215

(a) The elector's driver's license number or state	7216
identification card number;	7217

(b) The last four digits of the elector's social security	7218
number;	7219

(c) A copy of the elector's current and valid photo	7220
identification, a copy of a military identification, or a copy of	7221
a current utility bill, bank statement, government check,	7222
paycheck, or other government document, other than ~~a notice of an~~	7223
~~election mailed by a board of elections under section 3501.19 of~~	7224
~~the Revised Code or~~ a notice of voter registration mailed by a	7225
board of elections under section 3503.19 of the Revised Code, that	7226
shows the name and address of the elector.	7227

(7) A statement identifying the election for which absent	7228
voter's ballots are requested;	7229

(8) A statement that the person requesting the ballots is a	7230
qualified elector;	7231

(9) If the request is for primary election ballots, the	7232
elector's party affiliation;	7233

(10) A statement that the applicant bears a relationship to	7234
the elector as specified in division (C) of this section;	7235

(11) The address to which ballots shall be mailed, the	7236
telephone number to which ballots shall be sent by facsimile	7237
machine, the electronic mail address to which ballots shall be	7238
sent by electronic mail, or, if internet delivery is offered by	7239
the board of elections or the secretary of state, the internet	7240
contact information to which ballots shall be sent through	7241
internet delivery;	7242

(12) The signature and address of the person making the	7243
application.	7244

Each application for uniformed services or overseas absent	7245
voter's ballots shall be delivered to the director not earlier	7246
than the first day of January of the year of the elections for	7247
which the uniformed services or overseas absent voter's ballots	7248
are requested or not earlier than ninety days before the day of	7249
the election at which the ballots are to be voted, whichever is	7250
earlier, and not later than twelve noon of the third day preceding	7251
the day of the election, or not later than ~~six p.m. on the last~~	7252
~~Friday before the day of~~the end of the time for casting absent	7253
voter's ballots in person prior to the election at which those	7254
ballots are to be voted if the application is delivered in person	7255
to the office of the board.	7256

(D) If the voter for whom the application is made is entitled	7257
to vote for presidential and vice-presidential electors only, the	7258
applicant shall submit to the director in addition to the	7259
requirements of divisions (A), (B), and (C) of this section, a	7260
statement to the effect that the voter is qualified to vote for	7261
presidential and vice-presidential electors and for no other	7262
offices.	7263

Sec. 3511.021. (A)(1) The secretary of state shall establish	7264
procedures that allow any person who is eligible to vote as a	7265
uniformed services voter or an overseas voter in accordance with	7266
42 U.S.C. 1973ff-6 to apply by electronic means to the office of	7267
the secretary of state or to the board of elections of the county	7268
in which the person's voting residence is located for a uniformed	7269
services or overseas absent voter's ballot.	7270

(2) The procedures shall allow such a person who requests a	7271
uniformed services or overseas absent voter's ballot application	7272
to express a preference for the manner in which the person will	7273
receive the requested application, whether by mail, facsimile	7274
transmission, electronic mail, or, if offered by the board of	7275
elections or the secretary of state, through internet delivery. If	7276
the person completes and timely returns the application and the	7277
applicant is eligible to receive a ballot, the procedures shall	7278
allow the applicant to express a preference for the manner in	7279
which the person will receive the requested blank, unvoted	7280
ballots, whether by mail, facsimile transmission, electronic mail,	7281
or, if offered by the board of elections or the secretary of	7282
state, through internet delivery. The requested items shall be	7283
transmitted by the board of elections of the county in which the	7284
person's voting residence is located by the preferred method. If	7285
the requestor does not express a preferred method, the requested	7286
items shall be delivered via standard mail.	7287

(3) To the extent practicable, the procedures shall protect	7288
the security and integrity of the ballot request and delivery	7289
process, and protect the privacy of the identity and personal data	7290
of the person when such applications and ballots are requested,	7291
processed, and sent.	7292

(4) NoExcept as otherwise provided in division (C) of this	7293
section, no person shall return by electronic means to the	7294
secretary of state, a board of elections, or any other entity a	7295
completed or voted uniformed services or overseas absent voter's	7296
ballot. If a ballot is so returned, the ballot shall not be	7297
accepted, processed, or counted.	7298

(B)(1) The secretary of state, in coordination with the	7299
boards of elections, shall establish a free access system by which	7300
an absent uniformed services voter or overseas voter may determine	7301
the following:	7302

(a) Whether that person's request for a uniformed services or	7303
overseas absent voter's ballot was received and processed;	7304

(b) If the person's request was received and processed, when	7305
the uniformed services or overseas absent voter's ballot was sent;	7306

(c) Whether any uniformed services or overseas absent voter's	7307
ballot returned by that person has been received by election	7308
officials;	7309

(d) Whether the board of elections found any error on the	7310
identification envelope containing the person's returned uniformed	7311
services or overseas absent voter's ballot and, if so, how the	7312
person may correct any error within ten days after the day of an	7313
election; and	7314

(e) Whether the person's uniformed services or overseas	7315
absent voter's ballot was counted.	7316

(2) The appropriate state or local election official shall	7317
establish and maintain reasonable procedures necessary to protect	7318
the security, confidentiality, and integrity of personal	7319
information that is confidential under state or federal law that	7320
is collected, stored, or otherwise used by the free access system	7321
established under division (B) of this section. Access to	7322
information about the votes cast on an individual ballot shall be	7323
restricted to the person who cast the ballot. To the extent	7324
practicable, the procedures shall protect the security and	7325
integrity of the process and protect the privacy of the identity	7326
and personal data of the person.	7327

(C) The secretary of state may establish, by rule adopted	7328
under Chapter 119. of the Revised Code, a mechanism to accept	7329
completed uniformed services or overseas absent voter's ballots	7330
through electronic means, including, but not limited to, facsimile	7331
transmission and electronic mail. If the secretary of state adopts	7332
rules under this division to permit the electronic acceptance of	7333
those ballots, the rules shall include, at a minimum, requirements	7334
to protect the security and anonymity of the ballot.	7335

If the secretary of state adopts rules under this division to	7336
permit the electronic acceptance of those ballots, any uniformed	7337
services or overseas voter may return the voter's completed absent	7338
voter's ballots using the mechanism specified under those rules.	7339
Such ballots shall be accepted and counted in the same manner as	7340
ballots returned by mail.	7341

Sec. 3511.04. (A) If a director of a board of elections	7342
receives an application for uniformed services or overseas absent	7343
voter's ballots that does not contain all of the required	7344
information, the director promptly shall notify the applicant of	7345
the additional information required to be provided by the	7346
applicant to complete that application. The board of elections may	7347
contact the applicant using whatever means is deemed appropriate	7348
by the board in consideration of the timeframe needed to meet	7349
applicable deadlines and the effort needed to complete the	7350
application, to notify the applicant of the deficiency. Whenever	7351
possible, the board shall complete the application by confirming	7352
information with the applicant via telephone, facsimile	7353
transmission, electronic mail, or postal mail.	7354

(B) Not later than the forty-fifth day before the day of each	7355
general or primary election, and at the earliest possible time	7356
before the day of a special election held on a day other than the	7357
day on which a general or primary election is held, the director	7358
of the board of elections shall mail, send by facsimile machine,	7359
send by electronic mail, send through internet delivery if such	7360
delivery is offered by the board of elections or the secretary of	7361
state, or otherwise send uniformed services or overseas absent	7362
voter's ballots then ready for use as provided for in section	7363
3511.03 of the Revised Code and for which the director has	7364
received valid applications prior to that time. Thereafter, and	7365
until twelve noon of the third day preceding the day of election,	7366
the director shall promptly, upon receipt of valid applications	7367
for them, mail, send by facsimile machine, send by electronic	7368
mail, send through internet delivery if such delivery is offered	7369
by the board of elections or the secretary of state, or otherwise	7370
send to the proper persons all uniformed services or overseas	7371
absent voter's ballots then ready for use.	7372

If, after the seventieth day before the day of a general or	7373
primary election, any other question, issue, or candidacy is	7374
lawfully ordered submitted to the electors voting at the general	7375
or primary election, the board shall promptly provide a separate	7376
official issue, special election, or other election ballot for	7377
submitting the question, issue, or candidacy to those electors,	7378
and the director shall promptly mail, send by facsimile machine,	7379
send by electronic mail, send through internet delivery if such	7380
delivery is offered by the board of elections or the secretary of	7381
state, or otherwise send each such separate ballot to each person	7382
to whom the director has previously mailed or sent other uniformed	7383
services or overseas absent voter's ballots.	7384

In mailing uniformed services or overseas absent voter's	7385
ballots, the director shall use the fastest mail service	7386
available, but the director shall not mail them by certified mail.	7387

Sec. 3511.05. (A) The director of the board of elections	7388
shall place uniformed services or overseas absent voter's ballots	7389
sent by mail in an unsealed identification envelope, gummed ready	7390
for sealing. The director shall include with uniformed services or	7391
overseas absent voter's ballots sent electronically, including by	7392
facsimile machine, an instruction sheet for preparing a gummed	7393
envelope in which the ballots shall be returned. The envelope for	7394
returning ballots sent by either means shall have printed or	7395
written on its face a form substantially as follows:	7396

"Identification Envelope Statement of Voter	7397

I, ........................(Name of voter), declare under	7398
penalty of election falsification that the within ballot or	7399
ballots contained no voting marks of any kind when I received	7400
them, and I caused the ballot or ballots to be marked, enclosed in	7401
the identification envelope, and sealed in that envelope.	7402

My voting residence in Ohio is

7403

...................................................................	7404

(Street and Number, if any, or Rural Route and Number)	7405

of ................................ (City, Village, or Township)	7406
Ohio, which is in Ward ............... Precinct ................	7407
in that city, village, or township.	7408

The primary election ballots, if any, within this envelope	7409
are primary election ballots of the ............. Party.	7410

Ballots contained within this envelope are to be voted at the	7411
.......... (general, special, or primary) election to be held on	7412
the .......................... day of ......................, ....	7413

My date of birth is ............... (Month and Day),	7414
.......... (Year).	7415

(Voter must provide one of the following:)

7416

My driver's license number is ............... (Driver's	7417
license number).	7418

My state identification card number is ............... (State	7419
identification card number).	7420

The last four digits of my Social Security Number are	7421
............... (Last four digits of Social Security Number).	7422

...... In lieu of providing a driver's license number, state	7423
identification card number, or the last four digits of my Social	7424
Security Number, I am enclosing a copy of one of the following in	7425
the return envelope in which this identification envelope will be	7426
mailed: a current and valid photo identification, a military	7427
identification, or a current utility bill, bank statement,	7428
government check, paycheck, or other government document, other	7429
than ~~a notice of an election mailed by a board of elections under~~	7430
~~section 3501.19 of the Revised Code or~~ a notice of voter	7431
registration mailed by a board of elections, that shows my name	7432
and address.	7433

I hereby declare, under penalty of election falsification,	7434
that the statements above are true, as I verily believe.	7435

			7436
	(Signature of Voter)		7437

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	7438
THE FIFTH DEGREE."	7439

(B) The director shall also mail with the ballots and the	7440
unsealed identification envelope sent by mail an unsealed return	7441
envelope, gummed, ready for sealing, for use by the voter in	7442
returning the voter's marked ballots to the director. The director	7443
shall send with the ballots and the instruction sheet for	7444
preparing a gummed envelope sent electronically, including by	7445
facsimile machine, an instruction sheet for preparing a second	7446
gummed envelope as described in this division, for use by the	7447
voter in returning that voter's marked ballots to the director.	7448
The return envelope shall have two parallel lines, each one	7449
quarter of an inch in width, printed across its face paralleling	7450
the top, with an intervening space of one quarter of an inch	7451
between such lines. The top line shall be one and one-quarter	7452
inches from the top of the envelope. Between the parallel lines	7453
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR	7454
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	7455
lines shall be printed in the upper left corner on the face of the	7456
envelope for the use by the voter in placing the voter's complete	7457
military, naval, or mailing address on these lines, and beneath	7458
these lines there shall be printed a box beside the words "check	7459
if out-of-country." The voter shall check this box if the voter	7460
will be outside the United States on the day of the election. The	7461
official title and the post-office address of the director to whom	7462
the envelope shall be returned shall be printed on the face of	7463
such envelope in the lower right portion below the bottom parallel	7464
line.	7465

(C) On the back of each identification envelope and each	7466
return envelope shall be printed the following:	7467

"Instructions to voter:	7468

If the flap on this envelope is so firmly stuck to the back	7469
of the envelope when received by you as to require forcible	7470
opening in order to use it, open the envelope in the manner least	7471
injurious to it, and, after marking your ballots and enclosing	7472
same in the envelope for mailing them to the director of the board	7473
of elections, reclose the envelope in the most practicable way, by	7474
sealing or otherwise, and sign the blank form printed below.	7475

The flap on this envelope was firmly stuck to the back of the	7476
envelope when received, and required forced opening before sealing	7477
and mailing.	7478

			7479
	(Signature of voter)"		7480

(D) Division (C) of this section does not apply when absent	7481
voter's ballots are sent electronically, including by facsimile	7482
machine.	7483

Sec. 3511.09. Upon receiving uniformed services or overseas	7484
absent voter's ballots, the elector shall cause the questions on	7485
the face of the identification envelope to be answered, and, by	7486
writing the elector's usual signature in the proper place on the	7487
identification envelope, the elector shall declare under penalty	7488
of election falsification that the answers to those questions are	7489
true and correct to the best of the elector's knowledge and	7490
belief. Then, the elector shall note whether there are any voting	7491
marks on the ballot. If there are any voting marks, the ballot	7492
shall be returned immediately to the board of elections;	7493
otherwise, the elector shall cause the ballot to be marked, folded	7494
separately so as to conceal the markings on it, deposited in the	7495
identification envelope, and securely sealed in the identification	7496
envelope. The elector then shall cause the identification envelope	7497
to be placed within the return envelope, sealed in the return	7498
envelope, and mailed to the director of the board of elections to	7499
whom it is addressed. The ballot shall be submitted for mailing	7500
not later than 12:01 a.m. at the place where the voter completes	7501
the ballot, on the date of the election. If the elector does not	7502
provide the elector's driver's license number, state	7503
identification card number, or the last four digits of the	7504
elector's social security number on the statement of voter on the	7505
identification envelope, the elector also shall include in the	7506
return envelope with the identification envelope a copy of the	7507
elector's current valid photo identification, a copy of a military	7508
identification, or a copy of a current utility bill, bank	7509
statement, government check, paycheck, or other government	7510
document, other than ~~a notice of an election mailed by a board of~~	7511
~~elections under section 3501.19 of the Revised Code or~~ a notice of	7512
voter registration mailed by a board of elections under section	7513
3503.19 of the Revised Code, that shows the name and address of	7514
the elector. Each elector who will be outside the United States on	7515
the day of the election shall check the box on the return envelope	7516
indicating this fact and shall mail the return envelope to the	7517
director prior to the close of the polls on election day.	7518

Every uniformed services or overseas absent voter's ballot	7519
identification envelope shall be accompanied by the following	7520
statement in boldface capital letters: WHOEVER COMMITS ELECTION	7521
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	7522

Sec. 3511.11. (A) Upon receipt of any return envelope	7523
bearing the designation "Official Election Uniformed Services or	7524
Overseas Absent Voter's Ballot" prior to the eleventh day after	7525
the day of any election, the director of the board of elections	7526
shall open it but shall not open the identification envelope	7527
contained in it. If, upon so opening the return envelope, the	7528
director finds ballots in it that are not enclosed in and properly	7529
sealed in the identification envelope, the director shall not look	7530
at the markings upon the ballots and shall promptly place them in	7531
the identification envelope and promptly seal it. If, upon so	7532
opening the return envelope, the director finds that ballots are	7533
enclosed in the identification envelope but that it is not	7534
properly sealed, the director shall not look at the markings upon	7535
the ballots and shall promptly seal the identification envelope.	7536

(B) Uniformed services or overseas absent voter's ballots	7537
delivered to the director not later than the close of the polls on	7538
election day shall be counted in the manner provided in section	7539
3509.06 of the Revised Code.	7540

(C) A return envelope is not required to be postmarked in	7541
order for a uniformed services or overseas absent voter's ballot	7542
contained in it to be valid. Except as otherwise provided in this	7543
division, whether or not the return envelope containing the ballot	7544
is postmarked, contains a late postmark, or contains an illegible	7545
postmark, a uniformed services or overseas absent voter's ballot	7546
that is received after the close of the polls on election day	7547
through the tenth day after the election day shall be counted on	7548
the eleventh day after the election day at the office of the board	7549
of elections in the manner provided in divisions (C) and (D) of	7550
section 3509.06 and section 3509.07 of the Revised Code, if the	7551
voter signed the identification envelope by the time specified in	7552
section 3511.09 of the Revised Code. However, if a return envelope	7553
containing a uniformed services or overseas absent voter's ballot	7554
is so received and so indicates, but the identification envelope	7555
in it is signed after the close of the polls on election day, the	7556
uniformed services or overseas absent voter's ballot shall not be	7557
counted.	7558

(D) The following types of uniformed services or overseas	7559
absent voter's ballots shall not be counted:	7560

(1) Uniformed services or overseas absent voter's ballots	7561
contained in return envelopes that bear the designation "Official	7562
Election Uniformed Services or Overseas Absent Voter's Ballots,"	7563
that are received by the director after the close of the polls on	7564
the day of the election, and that contain an identification	7565
envelope that is signed after the time specified in section	7566
3511.09 of the Revised Code;	7567

(2) Uniformed services or overseas absent voter's ballots	7568
contained in return envelopes that bear that designation and that	7569
are received after the tenth day following the election.	7570

The uncounted ballots shall be preserved in their	7571
identification envelopes unopened until the time provided by	7572
section 3505.31 of the Revised Code for the destruction of all	7573
other ballots used at the election for which ballots were	7574
provided, at which time they shall be destroyed.	7575

Sec. 3511.14. (A) A board of elections shall accept and	7576
process federal write-in absentee ballots for all federal, state,	7577
and local elections for office and for all ballot questions and	7578
issues conducted in any year as required under "The Uniformed and	7579
Overseas Citizens Absentee Voting Act," Pub. L. No. 99-410, 100	7580
Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.	7581

(B) A uniformed services or overseas voter may use the	7582
declaration accompanying a federal write-in absentee ballot to	7583
apply to register to vote simultaneously with the submission of	7584
the federal write-in absentee ballot, if the declaration is	7585
received not later than thirty days before the day of the	7586
election. If the declaration is received after that date, the	7587
declaration shall be considered an application to register to vote	7588
for all subsequent elections.	7589

Sec. 3513.05. (A) Each person desiring to become a candidate	7590
for a party nomination or for election to an office or position to	7591
be voted for at a primary election, except persons desiring to	7592
become joint candidates for the offices of governor and lieutenant	7593
governor and except as otherwise provided in section 3513.051 of	7594
the Revised Code, shall, not later than four p.m. of the ninetieth	7595
day before the day of the primary election, file a declaration of	7596
candidacy and petition and pay the fees required under divisions	7597
(A) and (B) of section 3513.10 of the Revised Code. The	7598
declaration of candidacy and all separate petition papers shall be	7599
filed at the same time as one instrument. When the offices are to	7600
be voted for at a primary election, persons desiring to become	7601
joint candidates for the offices of governor and lieutenant	7602
governor shall, not later than four p.m. of the ninetieth day	7603
before the day of the primary election, comply with section	7604
3513.04 of the Revised Code. The prospective joint candidates'	7605
declaration of candidacy and all separate petition papers of	7606
candidacies shall be filed at the same time as one instrument. The	7607
secretary of state or a board of elections shall not accept for	7608
filing a declaration of candidacy and petition of a person seeking	7609
to become a candidate if that person, for the same election, has	7610
already filed a declaration of candidacy or a declaration of	7611
intent to be a write-in candidate, or has become a candidate by	7612
the filling of a vacancy under section 3513.30 of the Revised Code	7613
for any federal, state, or county office, if the declaration of	7614
candidacy is for a state or county office, or for any municipal or	7615
township office, if the declaration of candidacy is for a	7616
municipal or township office.	7617

(B)(1) If the declaration of candidacy declares a candidacy	7618
which is to be submitted to electors throughout the entire state,	7619
the petition, including a petition for joint candidates for the	7620
offices of governor and lieutenant governor, shall be signed by at	7621
least one thousand qualified electors who are members of the same	7622
political party as the candidate or joint candidates, and the	7623
declaration of candidacy and petition shall be filed with the	7624
secretary of state; provided that the secretary of state shall not	7625
accept or file any such petition appearing on its face to contain	7626
signatures of more than three thousand electors.	7627

(2) Except as otherwise provided in this ~~paragraph~~division,	7628
if the declaration of candidacy is of one that is to be submitted	7629
only to electors within a district, political subdivision, or	7630
portion thereof, the petition shall be signed by not less than	7631
fifty qualified electors who are members of the same political	7632
party as the political party of which the candidate is a member.	7633
If the declaration of candidacy is for party nomination as a	7634
candidate for member of the legislative authority of a municipal	7635
corporation elected by ward, the petition shall be signed by not	7636
less than twenty-five qualified electors who are members of the	7637
political party of which the candidate is a member.	7638

(3) No such petition, except the petition for a candidacy	7639
that is to be submitted to electors throughout the entire state,	7640
shall be accepted for filing if it appears to contain on its face	7641
signatures of more than three times the minimum number of	7642
signatures. When a petition of a candidate has been accepted for	7643
filing by a board of elections, the petition shall not be deemed	7644
invalid if, upon verification of signatures contained in the	7645
petition, the board of elections finds the number of signatures	7646
accepted exceeds three times the minimum number of signatures	7647
required. A board of elections may discontinue verifying	7648
signatures on petitions when the number of verified signatures	7649
equals the minimum required number of qualified signatures.	7650

(4) If the declaration of candidacy declares a candidacy for	7651
party nomination or for election as a candidate of an intermediate	7652
or minor party, the minimum number of signatures on such petition	7653
is one-half the minimum number provided in this section, except	7654
that, when the candidacy is one for election as a member of the	7655
state central committee or the county central committee of a	7656
political party, the minimum number shall be the same for an	7657
intermediate or minor party as for a major party.	7658

(5) If a declaration of candidacy is one for election as a	7659
member of the state central committee or the county central	7660
committee of a political party, the petition shall be signed by	7661
five qualified electors of the district, county, ward, township,	7662
or precinct within which electors may vote for such candidate. The	7663
electors signing such petition shall be members of the same	7664
political party as the political party of which the candidate is a	7665
member.	7666

(C) For purposes of signing or circulating a petition of	7667
candidacy for party nomination or election, an elector is	7668
considered to be a member of a political party if the elector	7669
voted in that party's primary election within the preceding two	7670
calendar years, or if the elector did not vote in any other	7671
party's primary election within the preceding two calendar years.	7672
This division does not prohibit a person who holds an elective	7673
office for which candidates are nominated at a party primary	7674
election from doing any of the following:	7675

(1) If the person voted as a member of a different political	7676
party at any primary election within the current year and the	7677
immediately preceding two calendar years, being a candidate for	7678
nomination at a party primary held during the times specified in	7679
division (C)(2) of section 3513.191 of the Revised Code provided	7680
that the person complies with the requirements of that section;	7681

(2) Circulating the person's own petition of candidacy for	7682
party nomination in the primary election.	7683

(D) If the declaration of candidacy is of one that is to be	7684
submitted only to electors within a county, or within a district	7685
or subdivision or part thereof smaller than a county, the petition	7686
shall be filed with the board of elections of the county. If the	7687
declaration of candidacy is of one that is to be submitted only to	7688
electors of a district or subdivision or part thereof that is	7689
situated in more than one county, the petition shall be filed with	7690
the board of elections of the county within which the major	7691
portion of the population thereof, as ascertained by the next	7692
preceding federal census, is located.	7693

(E) A petition shall consist of separate petition papers,	7694
each of which shall contain signatures of electors of only one	7695
county. Petitions or separate petition papers containing	7696
signatures of electors of more than one county shall not thereby	7697
be declared invalid. In case petitions or separate petition papers	7698
containing signatures of electors of more than one county are	7699
filed, the board shall determine the county from which the	7700
majority of signatures came, and only signatures from such county	7701
shall be counted. Signatures from any other county shall be	7702
invalid.	7703

Each separate petition paper shall be circulated by one	7704
person only, who shall be the candidate or a joint candidate or a	7705
member of the same political party as the candidate or joint	7706
candidates, and each separate petition paper shall be governed by	7707
the rules set forth in section 3501.38 of the Revised Code.	7708

(F) The secretary of state shall promptly transmit to each	7709
board such separate petition papers of each petition accompanying	7710
a declaration of candidacy filed with the secretary of state as	7711
purport to contain signatures of electors of the county of such	7712
board. The board of the most populous county of a district shall	7713
promptly transmit to each board within such district such separate	7714
petition papers of each petition accompanying a declaration of	7715
candidacy filed with it as purport to contain signatures of	7716
electors of the county of each such board. The board of a county	7717
within which the major portion of the population of a subdivision,	7718
situated in more than one county, is located, shall promptly	7719
transmit to the board of each other county within which a portion	7720
of such subdivision is located such separate petition papers of	7721
each petition accompanying a declaration of candidacy filed with	7722
it as purport to contain signatures of electors of the portion of	7723
such subdivision in the county of each such board.	7724

All petition papers so transmitted to a board and all	7725
petitions accompanying declarations of candidacy filed with a	7726
board shall, under proper regulations, be open to public	7727
inspection until four p.m. of the eightieth day before the day of	7728
the next primary election. Each board shall, not later than the	7729
seventy-eighth day before the day of that primary election,	7730
examine and determine the validity or invalidity of the signatures	7731
on the petition papers so transmitted to or filed with it and	7732
shall return to the secretary of state all petition papers	7733
transmitted to it by the secretary of state, together with its	7734
certification of its determination as to the validity or	7735
invalidity of signatures thereon, and shall return to each other	7736
board all petition papers transmitted to it by such board,	7737
together with its certification of its determination as to the	7738
validity or invalidity of the signatures thereon. All other	7739
matters affecting the validity or invalidity of such petition	7740
papers shall be determined by the secretary of state or the board	7741
with whom such petition papers were filed.	7742

(G) Protests against the candidacy of any person filing a	7743
declaration of candidacy for party nomination or for election to	7744
an office or position, as provided in this section, may be filed	7745
by any qualified elector who is a member of the same political	7746
party as the candidate and who is eligible to vote at the primary	7747
election for the candidate whose declaration of candidacy the	7748
elector objects to, or by the controlling committee of that	7749
political party. The protest shall be in writing, and shall be	7750
filed not later than four p.m. of the seventy-fourth day before	7751
the day of the primary election. The protest shall be filed with	7752
the election officials with whom the declaration of candidacy and	7753
petition was filed. Upon the filing of the protest, the election	7754
officials with whom it is filed shall promptly fix the time for	7755
hearing it, and shall forthwith mail notice of the filing of the	7756
protest and the time fixed for hearing to the person whose	7757
candidacy is so protested. They shall also forthwith mail notice	7758
of the time fixed for such hearing to the person who filed the	7759
protest. At the time fixed, such election officials shall hear the	7760
protest and determine the validity or invalidity of the	7761
declaration of candidacy and petition. If they find that such	7762
candidate is not an elector of the state, district, county, or	7763
political subdivision in which the candidate seeks a party	7764
nomination or election to an office or position, or has not fully	7765
complied with this chapter, the candidate's declaration of	7766
candidacy and petition shall be determined to be invalid and shall	7767
be rejected; otherwise, it shall be determined to be valid. That	7768
determination shall be final.	7769

A protest against the candidacy of any persons filing a	7770
declaration of candidacy for joint party nomination to the offices	7771
of governor and lieutenant governor shall be filed, heard, and	7772
determined in the same manner as a protest against the candidacy	7773
of any person filing a declaration of candidacy singly.	7774

(H)(1) The secretary of state shall, on the seventieth day	7775
before the day of a primary election, certify to each board in the	7776
state the forms of the official ballots to be used at the primary	7777
election, together with the names of the candidates to be printed	7778
on the ballots whose nomination or election is to be determined by	7779
electors throughout the entire state and who filed valid	7780
declarations of candidacy and petitions.	7781

(2) The board of the most populous county in a district	7782
comprised of more than one county but less than all of the	7783
counties of the state shall, on the seventieth day before the day	7784
of a primary election, certify to the board of each county in the	7785
district the names of the candidates to be printed on the official	7786
ballots to be used at the primary election, whose nomination or	7787
election is to be determined only by electors within the district	7788
and who filed valid declarations of candidacy and petitions.	7789

(3) The board of a county within which the major portion of	7790
the population of a subdivision smaller than the county and	7791
situated in more than one county is located shall, on the	7792
seventieth day before the day of a primary election, certify to	7793
the board of each county in which a portion of that subdivision is	7794
located the names of the candidates to be printed on the official	7795
ballots to be used at the primary election, whose nomination or	7796
election is to be determined only by electors within that	7797
subdivision and who filed valid declarations of candidacy and	7798
petitions.	7799

Sec. 3513.13. Separate primary election ballots shall be	7800
provided by the board of elections for each political party having	7801
candidates for nomination or election in a primary election.	7802
Section 3505.08 of the Revised Code governing the kind of paper,	7803
the kind of ink, and the size and style of type to be used in the	7804
printing of ballots for general elections shall apply in the	7805
printing of ballots for primary elections.	7806

Primary election ballots shall have printed on the back	7807
thereof "Official ............ (name of party) .......... primary	7808
ballot," the date of the election, and the facsimile signatures of	7809
the members of the board.	7810

~~Such~~If the board of elections of that county opts to use	7811
ballots that include ballot stubs, primary election ballots shall	7812
have stubs attached at the top thereof in the same manner as	7813
~~required~~ on ballots for general elections.	7814

On the back of every ballot used there shall be a solid black	7815
line printed opposite the blank rectangular space that is used to	7816
mark the choice of the voter. This line shall be printed wide	7817
enough so that the mark in the blank rectangular space will not be	7818
visible from the back side of the ballot.	7819

Such ballots shall have printed at the top thereof and below	7820
the stubs, if ballot stubs are being used, "Official ..........	7821
(name of party) ........... primary ballot" and instructions to	7822
the voter to the effect that to vote for a candidate the voter	7823
shall record the vote in the manner provided on the ballot next to	7824
the name of such candidate, except as provided in section 3513.151	7825
of the Revised Code, and that ~~if he~~a voter who tears, soils,	7826
defaces, or erroneously marks the ballot he may return it to the	7827
precinct election officers and obtain another ballot.	7828

Except as provided in section 3513.151 of the Revised Code,	7829
primary election ballots shall contain the names of all persons	7830
whose declarations of candidacy and petitions have been determined	7831
to be valid. The name of each candidate for nomination for, or	7832
election to, an office or position shall be printed in an enclosed	7833
rectangular space at the left of which an enclosed blank	7834
rectangular space shall be provided. The names of candidates shall	7835
be printed on the ballot immediately below the title of the office	7836
or position for nomination or election to which the candidate	7837
seeks nomination or election. The order in which offices and	7838
positions shall be listed on the ballot shall be prescribed by and	7839
shall be certified to each board by the secretary of state, and	7840
shall be the same, to the extent the secretary of state deems	7841
practicable, as is provided for the listing of offices on general	7842
election ballots.	7843

Sec. 3513.131. In the event two or more persons with	7844
identical surnames run for the same office in a primary election	7845
on the same ballot, the names of the candidates shall be	7846
differentiated on the ballot by varying combinations of first and	7847
middle names and initials. Within twenty-four hours after the	7848
final date for filing declarations of candidacy or petitions for	7849
candidacy, the director of the board of elections for local,	7850
municipal, county, general, or special elections, or the director	7851
of the board of elections of the most populous county for	7852
district, general, or special elections, or the secretary of state	7853
for state-wide general and special elections shall notify the	7854
persons with identical given names and surnames that the names of	7855
such persons will be differentiated on the ballot. If one of the	7856
candidates is an incumbent who is a candidate to succeed ~~himself~~	7857
self for the office hethe incumbent occupies, hethe incumbent	7858
shall have first choice of the name by which hethe incumbent is	7859
designated on the ballot. If an incumbent does not make a choice	7860
within two days after notification or if none of the candidates is	7861
an incumbent, the board of elections within three days after	7862
notification shall designate the names by which the candidates are	7863
identified on the ballot. In case of a district candidate the	7864
board of elections in the most populous county shall make the	7865
determination. In case of state-wide candidates, or in the case	7866
any board of elections fails to make a designation within three	7867
days after notification, the secretary of state shall immediately	7868
make the determination.	7869

"Notification" as required by this section shall be by the	7870
director of the board of elections or secretary of state by	7871
~~special delivery or telegram~~certified mail at the candidate's	7872
address listed in ~~his~~the candidate's declaration or petition of	7873
candidacy.	7874

Sec. 3513.14. Except in elections for which the board of	7875
elections has received no valid declarations of intent to be a	7876
write-in candidate under section 3513.041 of the Revised Code,	7877
immediately below the title of each office for which nominations	7878
are to be made and the names of candidates for such nomination	7879
printed thereunder, there shall be provided on each primary	7880
election ballot as many blank spaces as, but not more than, the	7881
number of nominations to be made for such office, in which the	7882
voter may write the names of persons for whose nomination hethe	7883
voter desires to vote, provided that inasmuch as candidates for	7884
the office of delegate and alternate to the national and state	7885
conventions, member of the state central committee, and member of	7886
the county central committee are elected at the primary election	7887
no blank space shall be left on the ballot after the names of the	7888
candidates for such office, and no vote shall be counted for any	7889
person whose name has been written in on said ballot for any of	7890
such offices. If no person files and qualifies as a candidate for	7891
the office of member of the state central committee or member of	7892
the county central committee such office shall not appear on the	7893
ballot.	7894

The face of the ballot, below the stub if ballot stubs are	7895
being used, shall be substantially in the following form:	7896

OFFICIAL ............(name of party)..........	7897

PRIMARY BALLOT	7898

(A) To vote for a candidate record your vote in the manner	7899
provided next to the name of such candidate.	7900

(B) If you tear, soil, deface, or erroneously mark this	7901
ballot return it to the election officials and obtain another.	7902

Sec. 3513.19. ~~(A)~~ It is the duty of any ~~judge of elections~~	7904
precinct election official, whenever any ~~judge of elections~~such	7905
official doubts that a person attempting to vote at a primary	7906
election is legally entitled to vote at that election, to	7907
challenge the right of that person to vote. The right of a person	7908
to vote at a primary election may be challenged upon the following	7909
grounds:	7910

~~(1)~~(A) That the person whose right to vote is challenged is	7911
not a legally qualified elector;	7912

~~(2)~~(B) That the person has received or has been promised some	7913
valuable reward or consideration for the person's vote;	7914

~~(3) That the person is not affiliated with or is not a member~~	7915
~~of the political party whose ballot the person desires to vote.~~	7916
~~Such party affiliation shall be determined by examining the~~	7917
~~elector's voting record for the current year and the immediately~~	7918
~~preceding two calendar years as shown on the voter's registration~~	7919
~~card, using the standards of affiliation specified in the seventh~~	7920
~~paragraph of section 3513.05 of the Revised Code. Division (A)(3)~~	7921
~~of this section and the seventh paragraph of section 3513.05 of~~	7922
~~the Revised Code do not prohibit a person who holds an elective~~	7923
~~office for which candidates are nominated at a party primary~~	7924
~~election from doing any of the following:~~	7925

~~(a) If the person voted as a member of a different political~~	7926
~~party at any primary election within the current year and the~~	7927
~~immediately preceding two calendar years, being a candidate for~~	7928
~~nomination at a party primary held during the times specified in~~	7929
~~division (C)(2) of section 3513.191 of the Revised Code provided~~	7930
~~that the person complies with the requirements of that section;~~	7931

~~(b) Circulating the person's own petition of candidacy for~~	7932
~~party nomination in the primary election.~~	7933

~~(B) When the right of a person to vote is challenged upon the~~	7934
~~ground set forth in division (A)(3) of this section, membership in~~	7935
~~or political affiliation with a political party shall be~~	7936
~~determined by the person's statement, made under penalty of~~	7937
~~election falsification, that the person desires to be affiliated~~	7938
~~with and supports the principles of the political party whose~~	7939
~~primary ballot the person desires to vote.~~	7940

Sec. 3513.21. At the close of the polls in a primary	7941
election, the ~~judges of~~precinct election officials shall proceed	7942
without delay to canvass the vote, sign and seal it, and make	7943
returns thereof to the board of elections forthwith on the forms	7944
to be provided by the board. The provisions of Title XXXV of the	7945
Revised Code relating to the accounting for and return of all	7946
ballots at general elections apply to primary ballots.	7947

If there is any disagreement as to how a ballot should be	7948
counted it shall be submitted to all of the ~~judges~~precinct	7949
election officials. If three of the ~~judges~~precinct election	7950
officials do not agree as to how any part of the ballot shall be	7951
counted, that part of such ballot which three of the ~~judges~~	7952
precinct officials do agree shall be counted and a notation made	7953
upon the ballot indicating what part has not been counted, and	7954
shall be placed in an envelope provided for that purpose, marked	7955
"Disputed Ballots" and returned to the board.	7956

The board shall, on the day when the vote is canvassed, open	7957
such sealed envelopes, determine what ballots and for whom they	7958
should be counted, and proceed to count and tally the votes on	7959
such ballots. If there is a tie vote amongst the members of the	7960
board of elections in determining whether a particular ballot, or	7961
portion of a ballot, is eligible to be counted, that ballot, or	7962
portion thereof, shall be counted as a valid vote.	7963

Sec. 3513.31. (A) If a person nominated in a primary	7964
election as a candidate for election at the next general election,	7965
whose candidacy is to be submitted to the electors of the entire	7966
state, withdraws as that candidate or is disqualified as that	7967
candidate under section 3513.052 of the Revised Code, the vacancy	7968
in the party nomination so created may be filled by the state	7969
central committee of the major political party that made the	7970
nomination at the primary election, if the committee's chairperson	7971
and secretary certify the name of the person selected to fill the	7972
vacancy by the time specified in this division, at a meeting	7973
called for that purpose. The meeting shall be called by the	7974
chairperson of that committee, who shall give each member of the	7975
committee at least two days' notice of the time, place, and	7976
purpose of the meeting. If a majority of the members of the	7977
committee are present at the meeting, a majority of those present	7978
may select a person to fill the vacancy. The chairperson and	7979
secretary of the meeting shall certify in writing and under oath	7980
to the secretary of state, not later than the eighty-sixth day	7981
before the day of the general election, the name of the person	7982
selected to fill the vacancy. The certification must be	7983
accompanied by the written acceptance of the nomination by the	7984
person whose name is certified. A vacancy that may be filled by an	7985
intermediate or minor political party shall be filled in	7986
accordance with the party's rules by authorized officials of the	7987
party. Certification must be made as in the manner provided for a	7988
major political party.	7989

(B) If a person nominated in a primary election as a party	7990
candidate for election at the next general election, whose	7991
candidacy is to be submitted to the electors of a district	7992
comprised of more than one county but less than all of the	7993
counties of the state, withdraws as that candidate or is	7994
disqualified as that candidate under section 3513.052 of the	7995
Revised Code, the vacancy in the party nomination so created may	7996
be filled by a district committee of the major political party	7997
that made the nomination at the primary election, if the	7998
committee's chairperson and secretary certify the name of the	7999
person selected to fill the vacancy by the time specified in this	8000
division, at a meeting called for that purpose. The district	8001
committee shall consist of the chairperson and secretary of the	8002
county central committee of such political party in each county in	8003
the district. The district committee shall be called by the	8004
chairperson of the county central committee of such political	8005
party of the most populous county in the district, who shall give	8006
each member of the district committee at least two days' notice of	8007
the time, place, and purpose of the meeting. If a majority of the	8008
members of the district committee are present at the district	8009
committee meeting, a majority of those present may select a person	8010
to fill the vacancy. The chairperson and secretary of the meeting	8011
shall certify in writing and under oath to the board of elections	8012
of the most populous county in the district, not later than four	8013
p.m. of the eighty-sixth day before the day of the general	8014
election, the name of the person selected to fill the vacancy. The	8015
certification must be accompanied by the written acceptance of the	8016
nomination by the person whose name is certified. A vacancy that	8017
may be filled by an intermediate or minor political party shall be	8018
filled in accordance with the party's rules by authorized	8019
officials of the party. Certification must be made as in the	8020
manner provided for a major political party.	8021

(C) If a person nominated in a primary election as a party	8022
candidate for election at the next general election, whose	8023
candidacy is to be submitted to the electors of a county,	8024
withdraws as that candidate or is disqualified as that candidate	8025
under section 3513.052 of the Revised Code, the vacancy in the	8026
party nomination so created may be filled by the county central	8027
committee of the major political party that made the nomination at	8028
the primary election, or by the county executive committee if so	8029
authorized, if the committee's chairperson and secretary certify	8030
the name of the person selected to fill the vacancy by the time	8031
specified in this division, at a meeting called for that purpose.	8032
The meeting shall be called by the chairperson of that committee,	8033
who shall give each member of the committee at least two days'	8034
notice of the time, place, and purpose of the meeting. If a	8035
majority of the members of the committee are present at the	8036
meeting, a majority of those present may select a person to fill	8037
the vacancy. The chairperson and secretary of the meeting shall	8038
certify in writing and under oath to the board of that county, not	8039
later than four p.m. of the eighty-sixth day before the day of the	8040
general election, the name of the person selected to fill the	8041
vacancy. The certification must be accompanied by the written	8042
acceptance of the nomination by the person whose name is	8043
certified. A vacancy that may be filled by an intermediate or	8044
minor political party shall be filled in accordance with the	8045
party's rules by authorized officials of the party. Certification	8046
must be made as in the manner provided for a major political	8047
party.	8048

(D) If a person nominated in a primary election as a party	8049
candidate for election at the next general election, whose	8050
candidacy is to be submitted to the electors of a district within	8051
a county, withdraws as that candidate or is disqualified as that	8052
candidate under section 3513.052 of the Revised Code, the vacancy	8053
in the party nomination so created may be filled by a district	8054
committee consisting of those members of the county central	8055
committee or, if so authorized, those members of the county	8056
executive committee in that county of the major political party	8057
that made the nomination at the primary election who represent the	8058
precincts or the wards and townships within the district, if the	8059
committee's chairperson and secretary certify the name of the	8060
person selected to fill the vacancy by the time specified in this	8061
division, at a meeting called for that purpose. The district	8062
committee meeting shall be called by the chairperson of the county	8063
central committee or executive committee, as appropriate, who	8064
shall give each member of the district committee at least two	8065
days' notice of the time, place, and purpose of the meeting. If a	8066
majority of the members of the district committee are present at	8067
the district committee meeting, a majority of those present may	8068
select a person to fill the vacancy. The chairperson and secretary	8069
of the district committee meeting shall certify in writing and	8070
under oath to the board of the county, not later than four p.m. of	8071
the eighty-sixth day before the day of the general election, the	8072
name of the person selected to fill the vacancy. The certification	8073
must be accompanied by the written acceptance of the nomination by	8074
the person whose name is certified. A vacancy that may be filled	8075
by an intermediate or minor political party shall be filled in	8076
accordance with the party's rules by authorized officials of the	8077
party. Certification must be made as in the manner provided for a	8078
major political party.	8079

(E) If a person nominated in a primary election as a party	8080
candidate for election at the next general election, whose	8081
candidacy is to be submitted to the electors of a subdivision	8082
within a county, withdraws as that candidate or is disqualified as	8083
that candidate under section 3513.052 of the Revised Code, the	8084
vacancy in the party nomination so created may be filled by a	8085
subdivision committee consisting of those members of the county	8086
central committee or, if so authorized, those members of the	8087
county executive committee in that county of the major political	8088
party that made the nomination at that primary election who	8089
represent the precincts or the wards and townships within that	8090
subdivision, if the committee's chairperson and secretary certify	8091
the name of the person selected to fill the vacancy by the time	8092
specified in this division, at a meeting called for that purpose.	8093

The subdivision committee meeting shall be called by the	8094
chairperson of the county central committee or executive	8095
committee, as appropriate, who shall give each member of the	8096
subdivision committee at least two days' notice of the time,	8097
place, and purpose of the meeting. If a majority of the members of	8098
the subdivision committee are present at the subdivision committee	8099
meeting, a majority of those present may select a person to fill	8100
the vacancy. The chairperson and secretary of the subdivision	8101
committee meeting shall certify in writing and under oath to the	8102
board of the county, not later than four p.m. of the eighty-sixth	8103
day before the day of the general election, the name of the person	8104
selected to fill the vacancy. The certification must be	8105
accompanied by the written acceptance of the nomination by the	8106
person whose name is certified. A vacancy that may be filled by an	8107
intermediate or minor political party shall be filled in	8108
accordance with the party's rules by authorized officials of the	8109
party. Certification must be made in the manner provided for a	8110
major political party.	8111

(F) If a person nominated by petition as an independent or	8112
nonpartisan candidate for election at the next general election	8113
withdraws as that candidate or is disqualified as that candidate	8114
under section 3513.052 of the Revised Code, the vacancy so created	8115
may be filled by a majority of the committee of five, as	8116
designated on the candidate's nominating petition, if a member of	8117
that committee certifies in writing and under oath to the election	8118
officials with whom the candidate filed the candidate's nominating	8119
petition, not later than the eighty-sixth day before the day of	8120
the general election, the name of the person selected to fill the	8121
vacancy. The certification shall be accompanied by the written	8122
acceptance of the nomination by the person whose name is certified	8123
and shall be made in the manner provided for a major political	8124
party.	8125

(G) If a person nominated in a primary election as a party	8126
candidate for election at the next general election dies, the	8127
vacancy so created may be filled by the same committee in the same	8128
manner as provided in this section for the filling of similar	8129
vacancies created by withdrawals or disqualifications under	8130
section 3513.052 of the Revised Code, except that the	8131
certification, when filling a vacancy created by death, may not be	8132
filed with the secretary of state, or with a board of the most	8133
populous county of a district, or with the board of a county in	8134
which the major portion of the population of a subdivision is	8135
located, later than four p.m. of the tenth day before the day of	8136
such general election, or with any other board later than four	8137
p.m. of the fifth day before the day of such general election.	8138

(H) If a person nominated by petition as an independent or	8139
nonpartisan candidate for election at the next general election	8140
dies prior to the tenth day before the day of that general	8141
election, the vacancy so created may be filled by a majority of	8142
the committee of five designated in the nominating petition to	8143
represent the candidate named in it. To fill the vacancy a member	8144
of the committee shall, not later than four p.m. of the fifth day	8145
before the day of the general election, file with the election	8146
officials with whom the petition nominating the person was filed,	8147
a certificate signed and sworn to under oath by a majority of the	8148
members, designating the person they select to fill the vacancy.	8149
The certification must be accompanied by the written acceptance of	8150
the nomination by the person whose name is so certified.	8151

(I) If a person holding an elective office dies or resigns	8152
subsequent to the one hundred fifteenth day before the day of a	8153
primary election and prior to the eighty-sixth day before the day	8154
of the next general election, and if, under the laws of this	8155
state, a person may be elected at that general election to fill	8156
the unexpired term of the person who has died or resigned, the	8157
appropriate committee of each political party, acting as in the	8158
case of a vacancy in a party nomination, as provided in divisions	8159
(A) to (D) of this section, may select a person as the party	8160
candidate for election for such unexpired term at that general	8161
election, and certify the person's name to the appropriate	8162
election official not later than four p.m. on the eighty-sixth day	8163
before the day of that general election, or on the tenth day	8164
following the day on which the vacancy occurs, whichever is later.	8165
When the vacancy occurs on or subsequent to the eighty-sixth day	8166
and six or more days prior to the ~~fifty-sixth~~fortieth day before	8167
the general election, the appropriate committee may select a	8168
person as the party candidate and certify the person's name, as	8169
provided in the preceding sentence, not later than four p.m. on	8170
the ~~fiftieth~~tenth day following the day on which the vacancy	8171
occurs. When the vacancy occurs fewer than six days before the	8172
fortieth day before the general election, the deadline for filing	8173
shall be four p.m. on the thirty-sixth day before the general	8174
election. Thereupon the name shall be printed as the party	8175
candidate under proper titles and in the proper place on the	8176
proper ballots for use at the election. If a person has been	8177
nominated in a primary election, the authorized committee of that	8178
political party shall not select and certify a person as the party	8179
candidate.	8180

(J) Each person desiring to become an independent candidate	8181
to fill the unexpired term shall file a statement of candidacy and	8182
nominating petition, as provided in section 3513.261 of the	8183
Revised Code, with the appropriate election official not later	8184
than four p.m. on the tenth day following the day on which the	8185
vacancy occurs, provided that when the vacancy occurs fewer than	8186
six days before the fifty-sixth day before the general election,	8187
the deadline for filing shall be four p.m. on the fiftieth day	8188
before the general election. The nominating petition shall contain	8189
at least seven hundred fifty signatures and no more than one	8190
thousand five hundred signatures of qualified electors of the	8191
district, political subdivision, or portion of a political	8192
subdivision in which the office is to be voted upon, or the amount	8193
provided for in section 3513.257 of the Revised Code, whichever is	8194
less.	8195

(K) When a person nominated as a candidate by a political	8196
party in a primary election or by nominating petition for an	8197
elective office for which candidates are nominated at a party	8198
primary election withdraws, dies, or is disqualified under section	8199
3513.052 of the Revised Code prior to the general election, the	8200
appropriate committee of any other major political party or	8201
committee of five that has not nominated a candidate for that	8202
office, or whose nominee as a candidate for that office has	8203
withdrawn, died, or been disqualified without the vacancy so	8204
created having been filled, may, acting as in the case of a	8205
vacancy in a party nomination or nomination by petition as	8206
provided in divisions (A) to (F) of this section, whichever is	8207
appropriate, select a person as a candidate of that party or of	8208
that committee of five for election to the office.	8209

Sec. 3515.04. At the time and place fixed for making a	8210
recount, the board of elections, in the presence of all observers	8211
who may be in attendance, shall open the sealed containers	8212
containing the ballots to be recounted, and shall recount them. If	8213
~~a county used punch card ballots and if a chad is attached to a~~	8214
~~punch card ballot by three or four corners, the voter shall be~~	8215
~~deemed by the board not to have recorded a candidate, question, or~~	8216
~~issue choice at the particular position on the ballot, and a vote~~	8217
~~shall not be counted at that particular position on the ballot in~~	8218
~~the recount.~~ Ballots shall be handled only by the members of the	8219
board or by the director or other employees of the board.	8220
Observers shall be permitted to see the ballots, but they shall	8221
not be permitted to touch them, and the board shall not permit the	8222
counting or tabulation of votes shown on the ballots for any	8223
nomination, or for election to any office or position, or upon any	8224
question or issue, other than the votes shown on such ballots for	8225
the nomination, election, question, or issue concerning which a	8226
recount of ballots was applied for.	8227

At any time before the ballots from all of the precincts	8228
listed in an application for the recount or involved in a recount	8229
pursuant to section 3515.011 of the Revised Code have been	8230
recounted, the applicant or declared losing candidate or nominee	8231
or each of the declared losing candidates or nominees entitled to	8232
file a request prior to the commencement of a recount, as provided	8233
in section 3515.03 of the Revised Code, may file with the board a	8234
written request to stop the recount and not recount the ballots	8235
from the precincts so listed that have not been recounted prior to	8236
the time of the request. If, upon the request, the board finds	8237
that results of the votes in the precincts recounted, if	8238
substituted for the results of the votes in those precincts as	8239
shown in the abstract of the votes in those precincts, would not	8240
cause the applicant, if a person for whom votes were cast for	8241
nomination or election, to be declared nominated or elected or if	8242
an election upon a question or issue would not cause a result	8243
contrary to the result as declared prior to such recount, it shall	8244
grant the request and shall not recount the ballots of the	8245
precincts listed in the application for recount that have not been	8246
recounted prior to that time. If the board finds otherwise, it	8247
shall deny the request and shall continue to recount ballots until	8248
the ballots from all of the precincts listed in the application	8249
for recount have been recounted; provided that, if the request is	8250
denied, it may be renewed from time to time. Upon any such	8251
renewal, the board shall consider and act upon the request in the	8252
same manner as provided in this section in connection with an	8253
original request.	8254

~~As used in this section, "chad" and "punch card ballot" have~~	8255
~~the same meanings as in section 3506.16 of the Revised Code.~~	8256

Sec. 3515.08. (A) ~~Except as otherwise provided in this~~	8257
~~division, the~~The nomination or election of any person to any	8258
public office or party position or the approval or rejection of	8259
any issue or question, submitted to the voters, may be contested	8260
by qualified electors of the state or a political subdivision. ~~The~~	8261
~~nomination or election of any person to any federal office,~~	8262
~~including the office of elector for president and vice president~~	8263
~~and the office of member of congress, shall not be subject to a~~	8264
~~contest of election conducted under this chapter. Contests of the~~	8265
~~nomination or election of any person to any federal office shall~~	8266
~~be conducted in accordance with the applicable provisions of~~	8267
~~federal law.~~	8268

(B) In the case of an office to be filled or an issue to be	8269
determined by the voters of the entire state, or for judicial	8270
offices higher than that of court of common pleas, or for an	8271
office to be filled or an issue to be determined by the voters of	8272
a district larger than a county, a contest shall be heard and	8273
determined by the chief justice of the supreme court or a justice	8274
of the supreme court assigned for that purpose by the chief	8275
justice; except that, in a contest for the office of chief justice	8276
of the supreme court, the contest shall be heard by a justice of	8277
the supreme court designated by the governor.	8278

(C) In the case of all other offices or issues, except	8279
judicial offices, contests shall be heard and determined by a	8280
judge of the court of common pleas of the county in which the	8281
contest arose. In the case of a contest for a judicial office	8282
within a county, the contest shall be heard by the court of	8283
appeals of the district in which that county is located. If any	8284
contestant alleges prejudice on the part of the judges of the	8285
court of appeals or the court of common pleas assigned to hear a	8286
contest, the chief justice of the supreme court, upon application	8287
of any such contestant and for good cause shown, may assign judges	8288
from another court to hear the contest.	8289

Sec. 3517.01. (A)(1) A political party within the meaning of	8290
Title XXXV of the Revised Code is any group of voters that, at the	8291
most recent regular state election, polled for its candidate for	8292
governor in the state or nominees for presidential electors at	8293
least five per cent of the entire vote cast for that office or	8294
that filed with the secretary of state, subsequent to any election	8295
in which it received less than five per cent of that vote, a	8296
petition signed by qualified electors equal in number to at least	8297
one per cent of the total vote for governor or nominees for	8298
presidential electors at the most recent election, declaring their	8299
intention of organizing a political party, the name of which shall	8300
be stated in the declaration, and of participating in the	8301
succeeding primary election, held in even-numbered years, that	8302
occurs more than ~~one hundred twenty~~ninety days after the date of	8303
filing. No such group of electors shall assume a name or	8304
designation that is similar, in the opinion of the secretary of	8305
state, to that of an existing political party as to confuse or	8306
mislead the voters at an election. If any political party fails to	8307
cast five per cent of the total vote cast at an election for the	8308
office of governor or president, it shall cease to be a political	8309
party.	8310

(2) A campaign committee shall be legally liable for any	8311
debts, contracts, or expenditures incurred or executed in its	8312
name.	8313

(B) Notwithstanding the definitions found in section 3501.01	8314
of the Revised Code, as used in this section and sections 3517.08	8315
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	8316

(1) "Campaign committee" means a candidate or a combination	8317
of two or more persons authorized by a candidate under section	8318
3517.081 of the Revised Code to receive contributions and make	8319
expenditures.	8320

(2) "Campaign treasurer" means an individual appointed by a	8321
candidate under section 3517.081 of the Revised Code.	8322

(3) "Candidate" has the same meaning as in division (H) of	8323
section 3501.01 of the Revised Code and also includes any person	8324
who, at any time before or after an election, receives	8325
contributions or makes expenditures or other use of contributions,	8326
has given consent for another to receive contributions or make	8327
expenditures or other use of contributions, or appoints a campaign	8328
treasurer, for the purpose of bringing about the person's	8329
nomination or election to public office. When two persons jointly	8330
seek the offices of governor and lieutenant governor, "candidate"	8331
means the pair of candidates jointly. "Candidate" does not include	8332
candidates for election to the offices of member of a county or	8333
state central committee, presidential elector, and delegate to a	8334
national convention or conference of a political party.	8335

(4) "Continuing association" means an association, other than	8336
a campaign committee, political party, legislative campaign fund,	8337
political contributing entity, or labor organization, that is	8338
intended to be a permanent organization that has a primary purpose	8339
other than supporting or opposing specific candidates, political	8340
parties, or ballot issues, and that functions on a regular basis	8341
throughout the year. "Continuing association" includes	8342
organizations that are determined to be not organized for profit	8343
under subsection 501 and that are described in subsection	8344
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	8345

(5) "Contribution" means a loan, gift, deposit, forgiveness	8346
of indebtedness, donation, advance, payment, or transfer of funds	8347
or anything of value, including a transfer of funds from an inter	8348
vivos or testamentary trust or decedent's estate, and the payment	8349
by any person other than the person to whom the services are	8350
rendered for the personal services of another person, which	8351
contribution is made, received, or used for the purpose of	8352
influencing the results of an election. Any loan, gift, deposit,	8353
forgiveness of indebtedness, donation, advance, payment, or	8354
transfer of funds or of anything of value, including a transfer of	8355
funds from an inter vivos or testamentary trust or decedent's	8356
estate, and the payment by any campaign committee, political	8357
action committee, legislative campaign fund, political party,	8358
political contributing entity, or person other than the person to	8359
whom the services are rendered for the personal services of	8360
another person, that is made, received, or used by a state or	8361
county political party, other than moneys a state or county	8362
political party receives from the Ohio political party fund	8363
pursuant to section 3517.17 of the Revised Code and the moneys a	8364
state or county political party may receive under sections	8365
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be	8366
considered to be a "contribution" for the purpose of section	8367
3517.10 of the Revised Code and shall be included on a statement	8368
of contributions filed under that section.	8369

"Contribution" does not include any of the following:

8370

(a) Services provided without compensation by individuals	8371
volunteering a portion or all of their time on behalf of a person;	8372

(b) Ordinary home hospitality;

8373

(c) The personal expenses of a volunteer paid for by that	8374
volunteer campaign worker;	8375

(d) Any gift given to a state or county political party	8376
pursuant to section 3517.101 of the Revised Code. As used in	8377
division (B)(5)(d) of this section, "political party" means only a	8378
major political party;	8379

(e) Any contribution as defined in section 3517.1011 of the	8380
Revised Code that is made, received, or used to pay the direct	8381
costs of producing or airing an electioneering communication;	8382

(f) Any gift given to a state or county political party for	8383
the party's restricted fund under division (A)(2) of section	8384
3517.1012 of the Revised Code;	8385

(g) Any gift given to a state political party for deposit in	8386
a Levin account pursuant to section 3517.1013 of the Revised Code.	8387
As used in this division, "Levin account" has the same meaning as	8388
in that section.	8389

(h) Any donation given to a transition fund under section	8390
3517.1014 of the Revised Code.	8391

(6) "Expenditure" means the disbursement or use of a	8392
contribution for the purpose of influencing the results of an	8393
election or of making a charitable donation under division (G) of	8394
section 3517.08 of the Revised Code. Any disbursement or use of a	8395
contribution by a state or county political party is an	8396
expenditure and shall be considered either to be made for the	8397
purpose of influencing the results of an election or to be made as	8398
a charitable donation under division (G) of section 3517.08 of the	8399
Revised Code and shall be reported on a statement of expenditures	8400
filed under section 3517.10 of the Revised Code. During the thirty	8401
days preceding a primary or general election, any disbursement to	8402
pay the direct costs of producing or airing a broadcast, cable, or	8403
satellite communication that refers to a clearly identified	8404
candidate shall be considered to be made for the purpose of	8405
influencing the results of that election and shall be reported as	8406
an expenditure or as an independent expenditure under section	8407
3517.10 or 3517.105 of the Revised Code, as applicable, except	8408
that the information required to be reported regarding	8409
contributors for those expenditures or independent expenditures	8410
shall be the same as the information required to be reported under	8411
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	8412

As used in this division, "broadcast, cable, or satellite	8413
communication" and "refers to a clearly identified candidate" have	8414
the same meanings as in section 3517.1011 of the Revised Code.	8415

(7) "Personal expenses" includes, but is not limited to,	8416
ordinary expenses for accommodations, clothing, food, personal	8417
motor vehicle or airplane, and home telephone.	8418

(8) "Political action committee" means a combination of two	8419
or more persons, the primary or major purpose of which is to	8420
support or oppose any candidate, political party, or issue, or to	8421
influence the result of any election through express advocacy, and	8422
that is not a political party, a campaign committee, a political	8423
contributing entity, or a legislative campaign fund. "Political	8424
action committee" does not include either of the following:	8425

(a) A continuing association that makes disbursements for the	8426
direct costs of producing or airing electioneering communications	8427
and that does not engage in express advocacy;	8428

(b) A political club that is formed primarily for social	8429
purposes and that consists of one hundred members or less, has	8430
officers and periodic meetings, has less than two thousand five	8431
hundred dollars in its treasury at all times, and makes an	8432
aggregate total contribution of one thousand dollars or less per	8433
calendar year.	8434

(9) "Public office" means any state, county, municipal,	8435
township, or district office, except an office of a political	8436
party, that is filled by an election and the offices of United	8437
States senator and representative.	8438

(10) "Anything of value" has the same meaning as in section	8439
1.03 of the Revised Code.	8440

(11) "Beneficiary of a campaign fund" means a candidate, a	8441
public official or employee for whose benefit a campaign fund	8442
exists, and any other person who has ever been a candidate or	8443
public official or employee and for whose benefit a campaign fund	8444
exists.	8445

(12) "Campaign fund" means money or other property, including	8446
contributions.	8447

(13) "Public official or employee" has the same meaning as in	8448
section 102.01 of the Revised Code.	8449

(14) "Caucus" means all of the members of the house of	8450
representatives or all of the members of the senate of the general	8451
assembly who are members of the same political party.	8452

(15) "Legislative campaign fund" means a fund that is	8453
established as an auxiliary of a state political party and	8454
associated with one of the houses of the general assembly.	8455

(16) "In-kind contribution" means anything of value other	8456
than money that is used to influence the results of an election or	8457
is transferred to or used in support of or in opposition to a	8458
candidate, campaign committee, legislative campaign fund,	8459
political party, political action committee, or political	8460
contributing entity and that is made with the consent of, in	8461
coordination, cooperation, or consultation with, or at the request	8462
or suggestion of the benefited candidate, committee, fund, party,	8463
or entity. The financing of the dissemination, distribution, or	8464
republication, in whole or part, of any broadcast or of any	8465
written, graphic, or other form of campaign materials prepared by	8466
the candidate, the candidate's campaign committee, or their	8467
authorized agents is an in-kind contribution to the candidate and	8468
an expenditure by the candidate.	8469

(17) "Independent expenditure" means an expenditure by a	8470
person advocating the election or defeat of an identified	8471
candidate or candidates, that is not made with the consent of, in	8472
coordination, cooperation, or consultation with, or at the request	8473
or suggestion of any candidate or candidates or of the campaign	8474
committee or agent of the candidate or candidates. As used in	8475
division (B)(17) of this section:	8476

(a) "Person" means an individual, partnership, unincorporated	8477
business organization or association, political action committee,	8478
political contributing entity, separate segregated fund,	8479
association, or other organization or group of persons, but not a	8480
labor organization or a corporation unless the labor organization	8481
or corporation is a political contributing entity.	8482

(b) "Advocating" means any communication containing a message	8483
advocating election or defeat.	8484

(c) "Identified candidate" means that the name of the	8485
candidate appears, a photograph or drawing of the candidate	8486
appears, or the identity of the candidate is otherwise apparent by	8487
unambiguous reference.	8488

(d) "Made in coordination, cooperation, or consultation with,	8489
or at the request or suggestion of, any candidate or the campaign	8490
committee or agent of the candidate" means made pursuant to any	8491
arrangement, coordination, or direction by the candidate, the	8492
candidate's campaign committee, or the candidate's agent prior to	8493
the publication, distribution, display, or broadcast of the	8494
communication. An expenditure is presumed to be so made when it is	8495
any of the following:	8496

(i) Based on information about the candidate's plans,	8497
projects, or needs provided to the person making the expenditure	8498
by the candidate, or by the candidate's campaign committee or	8499
agent, with a view toward having an expenditure made;	8500

(ii) Made by or through any person who is, or has been,	8501
authorized to raise or expend funds, who is, or has been, an	8502
officer of the candidate's campaign committee, or who is, or has	8503
been, receiving any form of compensation or reimbursement from the	8504
candidate or the candidate's campaign committee or agent;	8505

(iii) Except as otherwise provided in division (D) of section	8506
3517.105 of the Revised Code, made by a political party in support	8507
of a candidate, unless the expenditure is made by a political	8508
party to conduct voter registration or voter education efforts.	8509

(e) "Agent" means any person who has actual oral or written	8510
authority, either express or implied, to make or to authorize the	8511
making of expenditures on behalf of a candidate, or means any	8512
person who has been placed in a position with the candidate's	8513
campaign committee or organization such that it would reasonably	8514
appear that in the ordinary course of campaign-related activities	8515
the person may authorize expenditures.	8516

(18) "Labor organization" means a labor union; an employee	8517
organization; a federation of labor unions, groups, locals, or	8518
other employee organizations; an auxiliary of a labor union,	8519
employee organization, or federation of labor unions, groups,	8520
locals, or other employee organizations; or any other bona fide	8521
organization in which employees participate and that exists for	8522
the purpose, in whole or in part, of dealing with employers	8523
concerning grievances, labor disputes, wages, hours, and other	8524
terms and conditions of employment.	8525

(19) "Separate segregated fund" means a separate segregated	8526
fund established pursuant to the Federal Election Campaign Act.	8527

(20) "Federal Election Campaign Act" means the "Federal	8528
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	8529
seq., as amended.	8530

(21) "Restricted fund" means the fund a state or county	8531
political party must establish under division (A)(1) of section	8532
3517.1012 of the Revised Code.	8533

(22) "Electioneering communication" has the same meaning as	8534
in section 3517.1011 of the Revised Code.	8535

(23) "Express advocacy" means a communication that contains	8536
express words advocating the nomination, election, or defeat of a	8537
candidate or that contains express words advocating the adoption	8538
or defeat of a question or issue, as determined by a final	8539
judgment of a court of competent jurisdiction.	8540

(24) "Political committee" has the same meaning as in section	8541
3517.1011 of the Revised Code.	8542

(25) "Political contributing entity" means any entity,	8543
including a corporation or labor organization, that may lawfully	8544
make contributions and expenditures and that is not an individual	8545
or a political action committee, continuing association, campaign	8546
committee, political party, legislative campaign fund, designated	8547
state campaign committee, or state candidate fund. For purposes of	8548
this division, "lawfully" means not prohibited by any section of	8549
the Revised Code, or authorized by a final judgment of a court of	8550
competent jurisdiction.	8551

Sec. 3517.012. When a petition meeting the requirements of	8552
section 3517.01 of the Revised Code declaring the intention to	8553
organize a political party is filed with the secretary of state,	8554
the new party comes into legal existence on the date of filing and	8555
is entitled to hold a primary election as set out in section	8556
3513.01 of the Revised Code, at the primary election, held in	8557
even-numbered years that occurs more than ~~one hundred twenty~~	8558
ninety days after the date of filing.	8559

Sec. 3517.014. Those provisions of section ~~3513.19~~3513.05	8560
of the Revised Code relating to the determination of membership in	8561
or political affiliation with a party do not apply to persons	8562
desiring to become candidates for party nomination of a newly	8563
formed political party meeting the requirements of sections	8564
3517.011 and 3517.012 of the Revised Code at the first primary	8565
held by that party in the even-numbered year occurring subsequent	8566
to the formation of that party.	8567

Sec. 3517.015. Qualified electors who signed declarations of	8568
candidacy of persons desiring to become candidates for party	8569
nomination of a newly formed political party meeting the	8570
requirements of sections 3517.011 and 3517.012 of the Revised Code	8571
at the first primary election held by that party in the	8572
even-numbered year subsequent to the party formation ~~are not~~	8573
~~subject to section 3513.19 of the Revised Code and~~ shall, for the	8574
purpose of signing said declarations of candidacy, be deemed	8575
members of the newly formed political party regardless of prior	8576
political affiliations.	8577

Sec. 3517.106. (A) As used in this section:

8578

(1) "Statewide office" means any of the offices of governor,	8579
lieutenant governor, secretary of state, auditor of state,	8580
treasurer of state, attorney general, chief justice of the supreme	8581
court, and justice of the supreme court.	8582

(2) "Addendum to a statement" includes an amendment or other	8583
correction to that statement.	8584

(B)(1) The secretary of state shall store on computer the	8585
information contained in statements of contributions and	8586
expenditures and monthly statements required to be filed under	8587
section 3517.10 of the Revised Code and in statements of	8588
independent expenditures required to be filed under section	8589
3517.105 of the Revised Code by any of the following:	8590

(a) The campaign committees of candidates for statewide	8591
office;	8592

(b) The political action committees and political	8593
contributing entities described in division (A)(1) of section	8594
3517.11 of the Revised Code;	8595

8596

(d) State political parties;

8597

(e) Individuals, partnerships, corporations, labor	8598
organizations, or other entities that make independent	8599
expenditures in support of or opposition to a statewide candidate	8600
or a statewide ballot issue or question;	8601

(f) The campaign committees of candidates for the office of	8602
member of the general assembly;	8603

(g) County political parties, with respect to their state	8604
candidate funds.	8605

(2) The secretary of state shall store on computer the	8606
information contained in disclosure of electioneering	8607
communications statements required to be filed under section	8608
3517.1011 of the Revised Code.	8609

(3) The secretary of state shall store on computer the	8610
information contained in deposit and disbursement statements	8611
required to be filed with the office of the secretary of state	8612
under section 3517.1012 of the Revised Code.	8613

(4) The secretary of state shall store on computer the gift	8614
and disbursement information contained in statements required to	8615
be filed with the office of the secretary of state under section	8616
3517.1013 of the Revised Code.	8617

(5) The secretary of state shall store on computer the	8618
information contained in donation and disbursement statements	8619
required to be filed with the office of the secretary of state	8620
under section 3517.1014 of the Revised Code.	8621

(C)(1) The secretary of state shall make available to the	8622
campaign committees, political action committees, political	8623
contributing entities, legislative campaign funds, political	8624
parties, individuals, partnerships, corporations, labor	8625
organizations, treasurers of transition funds, and other entities	8626
described in division (B) of this section, and to members of the	8627
news media and other interested persons, for a reasonable fee,	8628
computer programs that are compatible with the secretary of	8629
state's method of storing the information contained in the	8630
statements.	8631

(2) The secretary of state shall make the information	8632
required to be stored under division (B) of this section available	8633
on computer at the secretary of state's office so that, to the	8634
maximum extent feasible, individuals may obtain at the secretary	8635
of state's office any part or all of that information for any	8636
given year, subject to the limitation expressed in division (D) of	8637
this section.	8638

(D) The secretary of state shall keep the information stored	8639
on computer under division (B) of this section for at least six	8640
years.	8641

(E)(1) Subject to division (L) of this section and subject to	8642
the secretary of state having implemented, tested, and verified	8643
the successful operation of any system the secretary of state	8644
prescribes pursuant to division (H)(1) of this section and	8645
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8646
Code for the filing of campaign finance statements by electronic	8647
means of transmission, the campaign committee of each candidate	8648
for statewide office may file the statements prescribed by section	8649
3517.10 of the Revised Code by electronic means of transmission	8650
or, if the total amount of the contributions received or the total	8651
amount of the expenditures made by the campaign committee for the	8652
applicable reporting period as specified in division (A) of	8653
section 3517.10 of the Revised Code exceeds ten thousand dollars,	8654
shall file those statements by electronic means of transmission.	8655

Except as otherwise provided in this division, within five	8656
business days after a statement filed by a campaign committee of a	8657
candidate for statewide office is received by the secretary of	8658
state by electronic or other means of transmission, the secretary	8659
of state shall make available online to the public through the	8660
internet, as provided in division (I) of this section, the	8661
contribution and expenditure information in that statement. The	8662
secretary of state shall not make available online to the public	8663
through the internet any contribution or expenditure information	8664
contained in a statement for any candidate until the secretary of	8665
state is able to make available online to the public through the	8666
internet the contribution and expenditure information for all	8667
candidates for a particular office, or until the applicable filing	8668
deadline for that statement has passed, whichever is sooner. As	8669
soon as the secretary of state has available all of the	8670
contribution and expenditure information for all candidates for a	8671
particular office, or as soon as the applicable filing deadline	8672
for a statement has passed, whichever is sooner, the secretary of	8673
state shall simultaneously make available online to the public	8674
through the internet the information for all candidates for that	8675
office.	8676

If a statement filed by electronic means of transmission is	8677
found to be incomplete or inaccurate after the examination of the	8678
statement for completeness and accuracy pursuant to division	8679
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	8680
committee shall file by electronic means of transmission any	8681
addendum to the statement that provides the information necessary	8682
to complete or correct the statement or, if required by the	8683
secretary of state under that division, an amended statement.	8684

Within five business days after the secretary of state	8685
receives from a campaign committee of a candidate for statewide	8686
office an addendum to the statement or an amended statement by	8687
electronic or other means of transmission under this division or	8688
division (B)(3)(a) of section 3517.11 of the Revised Code, the	8689
secretary of state shall make the contribution and expenditure	8690
information in the addendum or amended statement available online	8691
to the public through the internet as provided in division (I) of	8692
this section.	8693

(2) Subject to the secretary of state having implemented,	8694
tested, and verified the successful operation of any system the	8695
secretary of state prescribes pursuant to division (H)(1) of this	8696
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8697
the Revised Code for the filing of campaign finance statements by	8698
electronic means of transmission, a political action committee and	8699
a political contributing entity described in division (B)(1)(b) of	8700
this section, a legislative campaign fund, and a state political	8701
party may file the statements prescribed by section 3517.10 of the	8702
Revised Code by electronic means of transmission or, if the total	8703
amount of the contributions received or the total amount of the	8704
expenditures made by the political action committee, political	8705
contributing entity, legislative campaign fund, or state political	8706
party for the applicable reporting period as specified in division	8707
(A) of section 3517.10 of the Revised Code exceeds ten thousand	8708
dollars, shall file those statements by electronic means of	8709
transmission.	8710

Within five business days after a statement filed by a	8711
political action committee or a political contributing entity	8712
described in division (B)(1)(b) of this section, a legislative	8713
campaign fund, or a state political party is received by the	8714
secretary of state by electronic or other means of transmission,	8715
the secretary of state shall make available online to the public	8716
through the internet, as provided in division (I) of this section,	8717
the contribution and expenditure information in that statement.	8718

If a statement filed by electronic means of transmission is	8719
found to be incomplete or inaccurate after the examination of the	8720
statement for completeness and accuracy pursuant to division	8721
(B)(3)(a) of section 3517.11 of the Revised Code, the political	8722
action committee, political contributing entity, legislative	8723
campaign fund, or state political party shall file by electronic	8724
means of transmission any addendum to the statement that provides	8725
the information necessary to complete or correct the statement or,	8726
if required by the secretary of state under that division, an	8727
amended statement.	8728

Within five business days after the secretary of state	8729
receives from a political action committee or a political	8730
contributing entity described in division (B)(1)(b) of this	8731
section, a legislative campaign fund, or a state political party	8732
an addendum to the statement or an amended statement by electronic	8733
or other means of transmission under this division or division	8734
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	8735
state shall make the contribution and expenditure information in	8736
the addendum or amended statement available online to the public	8737
through the internet as provided in division (I) of this section.	8738

(3) Subject to the secretary of state having implemented,	8739
tested, and verified the successful operation of any system the	8740
secretary of state prescribes pursuant to division (H)(1) of this	8741
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8742
the Revised Code for the filing of campaign finance statements by	8743
electronic means of transmission, a county political party shall	8744
file the statements prescribed by section 3517.10 of the Revised	8745
Code with respect to its state candidate fund by electronic means	8746
of transmission to the office of the secretary of state.	8747

Within five business days after a statement filed by a county	8748
political party with respect to its state candidate fund is	8749
received by the secretary of state by electronic means of	8750
transmission, the secretary of state shall make available online	8751
to the public through the internet, as provided in division (I) of	8752
this section, the contribution and expenditure information in that	8753
statement.	8754

If a statement is found to be incomplete or inaccurate after	8755
the examination of the statement for completeness and accuracy	8756
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	8757
Code, a county political party shall file by electronic means of	8758
transmission any addendum to the statement that provides the	8759
information necessary to complete or correct the statement or, if	8760
required by the secretary of state under that division, an amended	8761
statement.	8762

Within five business days after the secretary of state	8763
receives from a county political party an addendum to the	8764
statement or an amended statement by electronic means of	8765
transmission under this division or division (B)(3)(a) of section	8766
3517.11 of the Revised Code, the secretary of state shall make the	8767
contribution and expenditure information in the addendum or	8768
amended statement available online to the public through the	8769
internet as provided in division (I) of this section.	8770

(F)(1) Subject to division (L) of this section and subject to	8771
the secretary of state having implemented, tested, and verified	8772
the successful operation of any system the secretary of state	8773
prescribes pursuant to division (H)(1) of this section and	8774
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8775
Code for the filing of campaign finance statements by electronic	8776
means of transmission, a campaign committee of a candidate for the	8777
office of member of the general assembly or a campaign committee	8778
of a candidate for the office of judge of a court of appeals may	8779
file the statements prescribed by section 3517.10 of the Revised	8780
Code in accordance with division (A)(2) of section 3517.11 of the	8781
Revised Code or by electronic means of transmission to the office	8782
of the secretary of state or, if the total amount of the	8783
contributions received by the campaign committee for the	8784
applicable reporting period as specified in division (A) of	8785
section 3517.10 of the Revised Code exceeds ten thousand dollars,	8786
shall file those statements by electronic means of transmission to	8787
the office of the secretary of state.	8788

Except as otherwise provided in this division, within five	8789
business days after a statement filed by a campaign committee of a	8790
candidate for the office of member of the general assembly or a	8791
campaign committee of a candidate for the office of judge of a	8792
court of appeals is received by the secretary of state by	8793
electronic or other means of transmission, the secretary of state	8794
shall make available online to the public through the internet, as	8795
provided in division (I) of this section, the contribution and	8796
expenditure information in that statement. The secretary of state	8797
shall not make available online to the public through the internet	8798
any contribution or expenditure information contained in a	8799
statement for any candidate until the secretary of state is able	8800
to make available online to the public through the internet the	8801
contribution and expenditure information for all candidates for a	8802
particular office, or until the applicable filing deadline for	8803
that statement has passed, whichever is sooner. As soon as the	8804
secretary of state has available all of the contribution and	8805
expenditure information for all candidates for a particular	8806
office, or as soon as the applicable filing deadline for a	8807
statement has passed, whichever is sooner, the secretary of state	8808
shall simultaneously make available online to the public through	8809
the internet the information for all candidates for that office.	8810

If a statement filed by electronic means of transmission is	8811
found to be incomplete or inaccurate after the examination of the	8812
statement for completeness and accuracy pursuant to division	8813
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	8814
committee shall file by electronic means of transmission to the	8815
office of the secretary of state any addendum to the statement	8816
that provides the information necessary to complete or correct the	8817
statement or, if required by the secretary of state under that	8818
division, an amended statement.	8819

Within five business days after the secretary of state	8820
receives from a campaign committee of a candidate for the office	8821
of member of the general assembly or a campaign committee of a	8822
candidate for the office of judge of a court of appeals an	8823
addendum to the statement or an amended statement by electronic or	8824
other means of transmission under this division or division	8825
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	8826
state shall make the contribution and expenditure information in	8827
the addendum or amended statement available online to the public	8828
through the internet as provided in division (I) of this section.	8829

(2) If a statement, addendum, or amended statement is not	8830
filed by electronic means of transmission to the office of the	8831
secretary of state but is filed by printed version only under	8832
division (A)(2) of section 3517.11 of the Revised Code with the	8833
appropriate board of elections, the campaign committee of a	8834
candidate for the office of member of the general assembly or a	8835
campaign committee of a candidate for the office of judge of a	8836
court of appeals shall file two copies of the printed version of	8837
the statement, addendum, or amended statement with the board of	8838
elections. The board of elections shall send one of those copies	8839
by ~~certified~~ mail or electronic mail to the secretary of state	8840
before the close of business on the day the board of elections	8841
receives the statement, addendum, or amended statement.	8842

(G) Subject to the secretary of state having implemented,	8843
tested, and verified the successful operation of any system the	8844
secretary of state prescribes pursuant to division (H)(1) of this	8845
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8846
the Revised Code for the filing of campaign finance statements by	8847
electronic means of transmission, any individual, partnership, or	8848
other entity that makes independent expenditures in support of or	8849
opposition to a statewide candidate or a statewide ballot issue or	8850
question as provided in division (B)(2)(b) or (C)(2)(b) of section	8851
3517.105 of the Revised Code may file the statement specified in	8852
that division by electronic means of transmission or, if the total	8853
amount of independent expenditures made during the reporting	8854
period under that division exceeds ten thousand dollars, shall	8855
file the statement specified in that division by electronic means	8856
of transmission.	8857

Within five business days after a statement filed by an	8858
individual, partnership, or other entity is received by the	8859
secretary of state by electronic or other means of transmission,	8860
the secretary of state shall make available online to the public	8861
through the internet, as provided in division (I) of this section,	8862
the expenditure information in that statement.	8863

If a statement filed by electronic means of transmission is	8864
found to be incomplete or inaccurate after the examination of the	8865
statement for completeness and accuracy pursuant to division	8866
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	8867
partnership, or other entity shall file by electronic means of	8868
transmission any addendum to the statement that provides the	8869
information necessary to complete or correct the statement or, if	8870
required by the secretary of state under that division, an amended	8871
statement.	8872

Within five business days after the secretary of state	8873
receives from an individual, partnership, or other entity	8874
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	8875
of the Revised Code an addendum to the statement or an amended	8876
statement by electronic or other means of transmission under this	8877
division or division (B)(3)(a) of section 3517.11 of the Revised	8878
Code, the secretary of state shall make the expenditure	8879
information in the addendum or amended statement available online	8880
to the public through the internet as provided in division (I) of	8881
this section.	8882

(H)(1) The secretary of state, by rule adopted pursuant to	8883
section 3517.23 of the Revised Code, shall prescribe one or more	8884
techniques by which a person who executes and transmits by	8885
electronic means a statement of contributions and expenditures, a	8886
statement of independent expenditures, a disclosure of	8887
electioneering communications statement, a deposit and	8888
disbursement statement, a gift and disbursement statement, or a	8889
donation and disbursement statement, an addendum to any of those	8890
statements, an amended statement of contributions and	8891
expenditures, an amended statement of independent expenditures, an	8892
amended disclosure of electioneering communications statement, an	8893
amended deposit and disbursement statement, an amended gift and	8894
disbursement statement, or an amended donation and disbursement	8895
statement, under this section or section 3517.10, 3517.105,	8896
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	8897
shall electronically sign the statement, addendum, or amended	8898
statement. Any technique prescribed by the secretary of state	8899
pursuant to this division shall create an electronic signature	8900
that satisfies all of the following:	8901

(a) It is unique to the signer.

8902

(b) It objectively identifies the signer.

8903

(c) It involves the use of a signature device or other means	8904
or method that is under the sole control of the signer and that	8905
cannot be readily duplicated or compromised.	8906

(d) It is created and linked to the electronic record to	8907
which it relates in a manner that, if the record or signature is	8908
intentionally or unintentionally changed after signing, the	8909
electronic signature is invalidated.	8910

(2) An electronic signature prescribed by the secretary of	8911
state under division (H)(1) of this section shall be attached to	8912
or associated with the statement of contributions and	8913
expenditures, the statement of independent expenditures, the	8914
disclosure of electioneering communications statement, the deposit	8915
and disbursement statement, the gift and disbursement statement,	8916
or the donation and disbursement statement, the addendum to any of	8917
those statements, the amended statement of contributions and	8918
expenditures, the amended statement of independent expenditures,	8919
the amended disclosure of electioneering communications statement,	8920
the amended deposit and disbursement statement, the amended gift	8921
and disbursement statement, or the amended donation and	8922
disbursement statement that is executed and transmitted by	8923
electronic means by the person to whom the electronic signature is	8924
attributed. The electronic signature that is attached to or	8925
associated with the statement, addendum, or amended statement	8926
under this division shall be binding on all persons and for all	8927
purposes under the campaign finance reporting law as if the	8928
signature had been handwritten in ink on a printed form.	8929

(I) The secretary of state shall make the contribution and	8930
expenditure, the contribution and disbursement, the deposit and	8931
disbursement, the gift and disbursement, or the donation and	8932
disbursement information in all statements, all addenda to the	8933
statements, and all amended statements that are filed with the	8934
secretary of state by electronic or other means of transmission	8935
under this section or section 3517.10, 3517.105, 3517.1011,	8936
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code	8937
available online to the public by any means that are searchable,	8938
viewable, and accessible through the internet.	8939

(J)(1) As used in this division, "library" means a library	8940
that is open to the public and that is one of the following:	8941

(a) A library that is maintained and regulated under section	8942
715.13 of the Revised Code;	8943

(b) A library that is created, maintained, and regulated	8944
under Chapter 3375. of the Revised Code.	8945

(2) The secretary of state shall notify all libraries of the	8946
location on the internet at which the contribution and	8947
expenditure, contribution and disbursement, deposit and	8948
disbursement, gift and disbursement, or donation and disbursement	8949
information in campaign finance statements required to be made	8950
available online to the public through the internet pursuant to	8951
division (I) of this section may be accessed.	8952

If that location is part of the world wide web and if the	8953
secretary of state has notified a library of that world wide web	8954
location as required by this division, the library shall include a	8955
link to that world wide web location on each internet-connected	8956
computer it maintains that is accessible to the public.	8957

(3) If the system the secretary of state prescribes for the	8958
filing of campaign finance statements by electronic means of	8959
transmission pursuant to division (H)(1) of this section and	8960
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8961
Code includes filing those statements through the internet via the	8962
world wide web, the secretary of state shall notify all libraries	8963
of the world wide web location at which those statements may be	8964
filed.	8965

If those statements may be filed through the internet via the	8966
world wide web and if the secretary of state has notified a	8967
library of that world wide web location as required by this	8968
division, the library shall include a link to that world wide web	8969
location on each internet-connected computer it maintains that is	8970
accessible to the public.	8971

(K) It is an affirmative defense to a complaint or charge	8972
brought against any campaign committee, political action	8973
committee, political contributing entity, legislative campaign	8974
fund, or political party, any individual, partnership, or other	8975
entity, any person making disbursements to pay the direct costs of	8976
producing or airing electioneering communications, or any	8977
treasurer of a transition fund, for the failure to file by	8978
electronic means of transmission a campaign finance statement as	8979
required by this section or section 3517.10, 3517.105, 3517.1011,	8980
3517.1012, 3517.1013, or 3517.1014 of the Revised Code that all of	8981
the following apply to the campaign committee, political action	8982
committee, political contributing entity, legislative campaign	8983
fund, or political party, the individual, partnership, or other	8984
entity, the person making disbursements to pay the direct costs of	8985
producing or airing electioneering communications, or the	8986
treasurer of a transition fund that failed to so file:	8987

(1) The campaign committee, political action committee,	8988
political contributing entity, legislative campaign fund, or	8989
political party, the individual, partnership, or other entity, the	8990
person making disbursements to pay the direct costs of producing	8991
or airing electioneering communications, or the treasurer of a	8992
transition fund attempted to file by electronic means of	8993
transmission the required statement prior to the deadline set	8994
forth in the applicable section.	8995

(2) The campaign committee, political action committee,	8996
political contributing entity, legislative campaign fund, or	8997
political party, the individual, partnership, or other entity, the	8998
person making disbursements to pay the direct costs of producing	8999
or airing electioneering communications, or the treasurer of a	9000
transition fund was unable to file by electronic means of	9001
transmission due to an expected or unexpected shutdown of the	9002
whole or part of the electronic campaign finance statement-filing	9003
system, such as for maintenance or because of hardware, software,	9004
or network connection failure.	9005

(3) The campaign committee, political action committee,	9006
political contributing entity, legislative campaign fund, or	9007
political party, the individual, partnership, or other entity, the	9008
person making disbursements to pay the direct costs of producing	9009
or airing electioneering communications, or the treasurer of a	9010
transition fund filed by electronic means of transmission the	9011
required statement within a reasonable period of time after being	9012
unable to so file it under the circumstance described in division	9013
(K)(2) of this section.	9014

(L)(1) The secretary of state shall adopt rules pursuant to	9015
Chapter 119. of the Revised Code to permit a campaign committee of	9016
a candidate for statewide office that makes expenditures of less	9017
than twenty-five thousand dollars during the filing period or a	9018
campaign committee for the office of member of the general	9019
assembly or the office of judge of a court of appeals that would	9020
otherwise be required to file campaign finance statements by	9021
electronic means of transmission under division (E) or (F) of this	9022
section to file those statements by paper with the office of the	9023
secretary of state. Those rules shall provide for all of the	9024
following:	9025

(a) An eligible campaign committee that wishes to file a	9026
campaign finance statement by paper instead of by electronic means	9027
of transmission shall file the statement on paper with the office	9028
of the secretary of state not sooner than twenty-four hours after	9029
the end of the filing period set forth in section 3517.10 of the	9030
Revised Code that is covered by the applicable statement.	9031

(b) The statement shall be accompanied by a fee, the amount	9032
of which the secretary of state shall determine by rule. The	9033
amount of the fee established under this division shall not exceed	9034
the data entry and data verification costs the secretary of state	9035
will incur to convert the information on the statement to an	9036
electronic format as required under division (I) of this section.	9037

(c) The secretary of state shall arrange for the information	9038
in campaign finance statements filed pursuant to division (L) of	9039
this section to be made available online to the public through the	9040
internet in the same manner, and at the same times, as information	9041
is made available under divisions (E), (F), and (I) of this	9042
section for candidates whose campaign committees file those	9043
statements by electronic means of transmission.	9044

(d) The candidate of an eligible campaign committee that	9045
intends to file a campaign finance statement pursuant to division	9046
(L) of this section shall file a notice indicating that the	9047
candidate's campaign committee intends to so file and stating that	9048
filing the statement by electronic means of transmission would	9049
constitute a hardship for the candidate or for the eligible	9050
campaign committee.	9051

(e) An eligible campaign committee that files a campaign	9052
finance statement on paper pursuant to division (L) of this	9053
section shall review the contribution and information made	9054
available online by the secretary of state with respect to that	9055
paper filing and shall notify the secretary of state of any errors	9056
with respect to that filing that appear in the data made available	9057
on that web site.	9058

(f) If an eligible campaign committee whose candidate has	9059
filed a notice in accordance with rules adopted under division	9060
(L)(1)(d) of this section subsequently fails to file that	9061
statement on paper by the applicable deadline established in rules	9062
adopted under division (L)(1)(a) of this section, penalties for	9063
the late filing of the campaign finance statement shall apply to	9064
that campaign committee for each day after that paper filing	9065
deadline, as if the campaign committee had filed the statement	9066
after the applicable deadline set forth in division (A) of section	9067
3517.10 of the Revised Code.	9068

(2) The process for permitting campaign committees that would	9069
otherwise be required to file campaign finance statements by	9070
electronic means of transmission to file those statements on paper	9071
with the office of the secretary of state that is required to be	9072
developed under division (L)(1) of this section shall be in effect	9073
and available for use by eligible campaign committees for all	9074
campaign finance statements that are required to be filed on or	9075
after June 30, 2005. Notwithstanding any provision of the Revised	9076
Code to the contrary, if the process the secretary of state is	9077
required to develop under division (L)(1) of this section is not	9078
in effect and available for use on and after June 30, 2005, all	9079
penalties for the failure of campaign committees to file campaign	9080
finance statements by electronic means of transmission shall be	9081
suspended until such time as that process is in effect and	9082
available for use.	9083

(3) Notwithstanding any provision of the Revised Code to the	9084
contrary, any eligible campaign committee that files campaign	9085
finance statements on paper with the office of the secretary of	9086
state pursuant to division (L)(1) of this section shall be deemed	9087
to have filed those campaign finance statements by electronic	9088
means of transmission to the office of the secretary of state.	9089

Sec. 3517.11. (A)(1) Campaign committees of candidates for	9090
statewide office or the state board of education, political action	9091
committees or political contributing entities that make	9092
contributions to campaign committees of candidates that are	9093
required to file the statements prescribed by section 3517.10 of	9094
the Revised Code with the secretary of state, political action	9095
committees or political contributing entities that make	9096
contributions to campaign committees of candidates for member of	9097
the general assembly, political action committees or political	9098
contributing entities that make contributions to state and	9099
national political parties and to legislative campaign funds,	9100
political action committees or political contributing entities	9101
that receive contributions or make expenditures in connection with	9102
a statewide ballot issue, political action committees or political	9103
contributing entities that make contributions to other political	9104
action committees or political contributing entities, political	9105
parties, and campaign committees, except as set forth in division	9106
(A)(3) of this section, legislative campaign funds, and state and	9107
national political parties shall file the statements prescribed by	9108
section 3517.10 of the Revised Code with the secretary of state.	9109

(2)(a) Except as otherwise provided in division (F) of	9110
section 3517.106 of the Revised Code, campaign committees of	9111
candidates for all other offices shall file the statements	9112
prescribed by section 3517.10 of the Revised Code with the board	9113
of elections where their candidates are required to file their	9114
petitions or other papers for nomination or election.	9115

(b) A campaign committee of a candidate for office of member	9116
of the general assembly or a campaign committee of a candidate for	9117
the office of judge of a court of appeals shall file two copies of	9118
the printed version of any statement, addendum, or amended	9119
statement if the committee does not file pursuant to division	9120
(F)(1) or (L) of section 3517.106 of the Revised Code but files by	9121
printed version only with the appropriate board of elections. The	9122
board of elections shall send one of those copies by ~~certified~~	9123
mail or electronic mail to the secretary of state before the close	9124
of business on the day the board of elections receives the	9125
statement, addendum, or amended statement.	9126

(3) Political action committees or political contributing	9127
entities that only contribute to a county political party,	9128
contribute to campaign committees of candidates whose nomination	9129
or election is to be submitted only to electors within a county,	9130
subdivision, or district, excluding candidates for member of the	9131
general assembly, and receive contributions or make expenditures	9132
in connection with ballot questions or issues to be submitted only	9133
to electors within a county, subdivision, or district shall file	9134
the statements prescribed by section 3517.10 of the Revised Code	9135
with the board of elections in that county or in the county	9136
contained in whole or part within the subdivision or district	9137
having a population greater than that of any other county	9138
contained in whole or part within that subdivision or district, as	9139
the case may be.	9140

(4) Except as otherwise provided in division (E)(3) of	9141
section 3517.106 of the Revised Code with respect to state	9142
candidate funds, county political parties shall file the	9143
statements prescribed by section 3517.10 of the Revised Code with	9144
the board of elections of their respective counties.	9145

(B)(1) The official with whom petitions and other papers for	9146
nomination or election to public office are filed shall furnish	9147
each candidate at the time of that filing a copy of sections	9148
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	9149
3599.031 of the Revised Code and any other materials that the	9150
secretary of state may require. Each candidate receiving the	9151
materials shall acknowledge their receipt in writing.	9152

(2) On or before the tenth day before the dates on which	9153
statements are required to be filed by section 3517.10 of the	9154
Revised Code, every candidate subject to the provisions of this	9155
section and sections 3517.10 and 3517.106 of the Revised Code	9156
shall be notified of the requirements and applicable penalties of	9157
those sections. The secretary of state, by certified mail, return	9158
receipt requested, shall notify all candidates required to file	9159
those statements with the secretary of state's office. The board	9160
of elections of every county shall notify by first class mail any	9161
candidate who has personally appeared at the office of the board	9162
on or before the tenth day before the statements are required to	9163
be filed and signed a form, to be provided by the secretary of	9164
state, attesting that the candidate has been notified of the	9165
candidate's obligations under the campaign finance law. The board	9166
shall forward the completed form to the secretary of state. The	9167
board shall use certified mail, return receipt requested, to	9168
notify all other candidates required to file those statements with	9169
it.	9170

(3)(a) Any statement required to be filed under sections	9171
3517.081 to 3517.17 of the Revised Code that is found to be	9172
incomplete or inaccurate by the officer to whom it is submitted	9173
shall be accepted on a conditional basis, and the person who filed	9174
it shall be notified by certified mail as to the incomplete or	9175
inaccurate nature of the statement. The secretary of state may	9176
examine statements filed for candidates for the office of member	9177
of the general assembly and candidates for the office of judge of	9178
a court of appeals for completeness and accuracy. The secretary of	9179
state shall examine for completeness and accuracy statements that	9180
campaign committees of candidates for the office of member of the	9181
general assembly and campaign committees of candidates for the	9182
office of judge of a court of appeals file pursuant to division	9183
(F) or (L) of section 3517.106 of the Revised Code. If an officer	9184
at the board of elections where a statement filed for a candidate	9185
for the office of member of the general assembly or for a	9186
candidate for the office of judge of a court of appeals was	9187
submitted finds the statement to be incomplete or inaccurate, the	9188
officer shall immediately notify the secretary of state of its	9189
incomplete or inaccurate nature. If either an officer at the board	9190
of elections or the secretary of state finds a statement filed for	9191
a candidate for the office of member of the general assembly or	9192
for a candidate for the office of judge of a court of appeals to	9193
be incomplete or inaccurate, only the secretary of state shall	9194
send the notification as to the incomplete or inaccurate nature of	9195
the statement.	9196

Within twenty-one days after receipt of the notice, in the	9197
case of a pre-election statement, a postelection statement, a	9198
monthly statement, an annual statement, or a semiannual statement	9199
prescribed by section 3517.10, an annual statement prescribed by	9200
section 3517.101, or a statement prescribed by division (B)(2)(b)	9201
or (C)(2)(b) of section 3517.105 or section 3517.107 of the	9202
Revised Code, the recipient shall file an addendum, amendment, or	9203
other correction to the statement providing the information	9204
necessary to complete or correct the statement. The secretary of	9205
state may require that, in lieu of filing an addendum, amendment,	9206
or other correction to a statement that is filed by electronic	9207
means of transmission to the office of the secretary of state	9208
pursuant to section 3517.106 of the Revised Code, the recipient of	9209
the notice described in this division file by electronic means of	9210
transmission an amended statement that incorporates the	9211
information necessary to complete or correct the statement.	9212

The secretary of state shall determine by rule when an	9213
addendum, amendment, or other correction to any of the following	9214
or when an amended statement of any of the following shall be	9215
filed:	9216

(i) A two-business-day statement prescribed by section	9217
3517.10 of the Revised Code;	9218

(ii) A disclosure of electioneering communications statement	9219
prescribed by division (D) of section 3517.1011 of the Revised	9220
Code;	9221

(iii) A deposit and disbursement statement prescribed under	9222
division (B) of section 3517.1012 of the Revised Code;	9223

(iv) A gift and disbursement statement prescribed under	9224
section 3517.1013 of the Revised Code;	9225

(v) A donation and disbursement statement prescribed under	9226
section 3517.1014 of the Revised Code.	9227

An addendum, amendment, or other correction to a statement	9228
that is filed by electronic means of transmission pursuant to	9229
section 3517.106 of the Revised Code shall be filed in the same	9230
manner as the statement.	9231

The provisions of sections 3517.10, 3517.106, 3517.1011,	9232
3517.1012, 3517.1013, and 3517.1014 of the Revised Code pertaining	9233
to the filing of statements of contributions and expenditures,	9234
statements of independent expenditures, disclosure of	9235
electioneering communications statements, deposit and disbursement	9236
statements, gift and disbursement statements, and donation and	9237
disbursement statements by electronic means of transmission apply	9238
to the filing of addenda, amendments, or other corrections to	9239
those statements by electronic means of transmission and the	9240
filing of amended statements by electronic means of transmission.	9241

(b) Within five business days after the secretary of state	9242
receives, by electronic or other means of transmission, an	9243
addendum, amendment, or other correction to a statement or an	9244
amended statement under division (B)(3)(a) of this section, the	9245
secretary of state, pursuant to divisions (E), (F), (G), and (I)	9246
of section 3517.106 or division (D) of section 3517.1011 of the	9247
Revised Code, shall make the contribution and expenditure,	9248
contribution and disbursement, deposit and disbursement, gift and	9249
disbursement, or donation and disbursement information in that	9250
addendum, amendment, correction, or amended statement available	9251
online to the public through the internet.	9252

(4)(a) The secretary of state or the board of elections shall	9253
examine all statements for compliance with sections 3517.08 to	9254
3517.17 of the Revised Code.	9255

(b) The secretary of state may contract with an individual or	9256
entity not associated with the secretary of state and experienced	9257
in interpreting the campaign finance law of this state to conduct	9258
examinations of statements filed by any statewide candidate, as	9259
defined in section 3517.103 of the Revised Code.	9260

(c) The examination shall be conducted by a person or entity	9261
qualified to conduct it. The results of the examination shall be	9262
available to the public, and, when the examination is conducted by	9263
an individual or entity not associated with the secretary of	9264
state, the results of the examination shall be reported to the	9265
secretary of state.	9266

(C)(1) In the event of a failure to file or a late filing of	9267
a statement required to be filed under sections 3517.081 to	9268
3517.17 of the Revised Code, or if a filed statement or any	9269
addendum, amendment, or other correction to a statement or any	9270
amended statement, if an addendum, amendment, or other correction	9271
or an amended statement is required to be filed, is incomplete or	9272
inaccurate or appears to disclose a failure to comply with or a	9273
violation of law, the official whose duty it is to examine the	9274
statement shall promptly file a complaint with the Ohio elections	9275
commission under section 3517.153 of the Revised Code if the law	9276
is one over which the commission has jurisdiction to hear	9277
complaints, or the official shall promptly report the failure or	9278
violation to the board of elections and the board shall promptly	9279
report it to the prosecuting attorney in accordance with division	9280
(J) of section 3501.11 of the Revised Code. If the official files	9281
a complaint with the commission, the commission shall proceed in	9282
accordance with sections 3517.154 to 3517.157 of the Revised Code.	9283

(2) For purposes of division (C)(1) of this section, a	9284
statement or an addendum, amendment, or other correction to a	9285
statement or an amended statement required to be filed under	9286
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	9287
inaccurate under this section if the statement, addendum,	9288
amendment, other correction, or amended statement fails to	9289
disclose substantially all contributions, gifts, or donations that	9290
are received or deposits that are made that are required to be	9291
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011,	9292
3517.1012, 3517.1013, and 3517.1014 of the Revised Code or if the	9293
statement, addendum, amendment, other correction, or amended	9294
statement fails to disclose at least ninety per cent of the total	9295
contributions, gifts, or donations received or deposits made or of	9296
the total expenditures or disbursements made during the reporting	9297
period.	9298

(D) No certificate of nomination or election shall be issued	9299
to a person, and no person elected to an office shall enter upon	9300
the performance of the duties of that office, until that person or	9301
that person's campaign committee, as appropriate, has fully	9302
complied with this section and sections 3517.08, 3517.081,	9303
3517.10, and 3517.13 of the Revised Code.	9304

Sec. 3599.07. No ~~judge of elections~~precinct election	9305
official, observer, or police officer admitted into the polling	9306
rooms at the election, at any time while the polls are open, shall	9307
have in the individual's possession, distribute, or give out any	9308
ballot or ticket to any person on any pretense during the	9309
receiving, counting, or certifying of the votes, or have any	9310
ballot or ticket in the individual's possession or control, except	9311
in the proper discharge of the individual's official duty in	9312
receiving, counting, or canvassing the votes. This section does	9313
not prevent the lawful exercise by a ~~judge of elections~~precinct	9314
election official or observer of the individual right to vote at	9315
such election.	9316

Sec. 3599.11. (A) No person shall knowingly register or make	9317
application or attempt to register in a precinct in which the	9318
person is not a qualified voter; or knowingly aid or abet any	9319
person to so register; or attempt to register or knowingly induce	9320
or attempt to induce any person to so register; or knowingly	9321
impersonate another or write or assume the name of another, real	9322
or fictitious, in registering or attempting to register; or by	9323
false statement or other unlawful means procure, aid, or attempt	9324
to procure the erasure or striking out on the register or	9325
duplicate list of the name of a qualified elector therein; or	9326
knowingly induce or attempt to induce a registrar or other	9327
election authority to refuse registration in a precinct to an	9328
elector thereof; or knowingly swear or affirm falsely upon a	9329
lawful examination by or before any registering officer; or make,	9330
print, or issue any false or counterfeit certificate of	9331
registration or knowingly alter any certificate of registration.	9332

No person shall knowingly register under more than one name	9333
or knowingly induce any person to so register.	9334

No person shall knowingly make any false statement on any	9335
form for registration or change of registration or upon any	9336
application or return envelope for an absent voter's ballot.	9337

Whoever violates this division is guilty of a felony of the	9338
fifth degree.	9339

(B)(1) No person who helps another person register outside an	9340
official voter registration place shall knowingly destroy, or	9341
knowingly help another person to destroy, any completed	9342
registration form.	9343

Whoever violates this division is guilty of election	9344
falsification, a felony of the fifth degree.	9345

(2)(a) No person who helps another person register outside an	9346
official voter registration place shall knowingly fail to return	9347
any registration form entrusted to that person to any board of	9348
elections or the office of the secretary of state within ten days	9349
after that ~~regsitration~~registration form is completed, or on or	9350
before the thirtieth day before the election, whichever day is	9351
earlier, unless the registration form is received by the person	9352
within twenty-four hours of the thirtieth day before the election,	9353
in which case the person shall return the registration form to any	9354
board of elections or the office of the secretary of state within	9355
ten days of its receipt.	9356

Whoever violates this division is guilty of ~~election~~	9357
~~falsification,~~ a felony of the ~~fifth~~fourth degree, unless the	9358
person has not previously been convicted of a violation of	9359
division (B)(2)(a)~~, (B)(2)~~or (b)~~, (C)(1), or (C)(2)~~ of this	9360
section, the violation of this division does not cause any person	9361
to miss any voter registration deadline with regard to any	9362
election, and the number of voter registration forms that the	9363
violator has failed to properly return does not exceed forty-nine,	9364
in which case the violator is guilty of a ~~misdemeanor~~felony of	9365
the ~~first~~fifth degree.	9366

(b) ~~Subject to division (C)(2) of this section, no~~No person	9367
who helps another person register outside an official registration	9368
place shall knowingly return any registration form entrusted to	9369
that person to any location other than any board of elections or	9370
the office of the secretary of state.	9371

Whoever violates this division is guilty of ~~election~~	9372
~~falsification,~~ a felony of the ~~fifth~~fourth degree, unless the	9373
person has not previously been convicted of a violation of	9374
division (B)(2)(a)~~, (B)(2)~~or (b)~~, (C)(1), or (C)(2)~~ of this	9375
section, the violation of this division does not cause any person	9376
to miss any voter registration deadline with regard to any	9377
election, and the number of voter registration forms that the	9378
violator has failed to properly return does not exceed forty-nine,	9379
in which case the violator is guilty of a ~~misdemeanor~~felony of	9380
the ~~first~~fifth degree.	9381

~~(C)(1) No person who receives compensation for registering a~~	9382
~~voter shall knowingly fail to return any registration form~~	9383
~~entrusted to that person to any board of elections or the office~~	9384
~~of the secretary of state within ten days after that voter~~	9385
~~registration form is completed, or on or before the thirtieth day~~	9386
~~before the election, whichever is earlier, unless the registration~~	9387
~~form is received by the person within twenty-four hours of the~~	9388
~~thirtieth day before the election, in which case the person shall~~	9389
~~return the registration form to any board of elections or the~~	9390
~~office of the secrtary of state within ten days of its receipt.~~	9391

~~Whoever violates this division is guilty of election~~	9392
~~falsification, a felony of the fifth degree, unless the person has~~	9393
~~not previously been convicted of a violation of division~~	9394
~~(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the~~	9395
~~violation of this division does not cause any person to miss any~~	9396
~~voter registration deadline with regard to any election, and the~~	9397
~~number of voter registration forms that the violator has failed to~~	9398
~~properly return does not exceed forty-nine, in which case the~~	9399
~~violator is guilty of a misdemeanor of the first degree.~~	9400

~~(2) No person who receives compensation for registering a~~	9401
~~voter shall knowingly return any registration form entrusted to~~	9402
~~that person to any location other than any board of elections or~~	9403
~~the office of the secretary of state.~~	9404

~~Whoever violates this division is guilty of election~~	9405
~~falsification, a felony of the fifth degree, unless the person has~~	9406
~~not previously been convicted of a violation of division~~	9407
~~(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the~~	9408
~~violation of this division does not cause any person to miss any~~	9409
~~voter registration deadline with regard to any election, and the~~	9410
~~number of voter registration forms that the violator has failed to~~	9411
~~properly return does not exceed forty-nine, in which case the~~	9412
~~violator is guilty of a misdemeanor of the first degree.~~	9413

~~(D) As used in division (C) of this section, "registering a~~	9414
~~voter" includes any effort, for compensation, to provide voter~~	9415
~~registration forms or to assist persons in completing or returning~~	9416
~~those forms.~~	9417

Sec. 3599.17. (A) No elections official serving as a	9418
registrar or ~~judge of elections~~precinct election official shall	9419
do any of the following:	9420

(1) Fail to appear before the board of elections, or its	9421
representative, after notice has been served personally upon the	9422
official or left at the official's usual place of residence, for	9423
examination as to the official's qualifications;	9424

(2) Fail to appear at the polling place to which the official	9425
is assigned at the hour and during the hours set for the	9426
registration or election;	9427

(3) Fail to take the oath prescribed by section 3501.31 of	9428
the Revised Code, unless excused by such board;	9429

(4) Refuse or sanction the refusal of another registrar or	9430
~~judge of elections~~precinct election official to administer an	9431
oath required by law;	9432

(5) Fail to send notice to the board of the appointment of a	9433
~~judge~~precinct election official to fill a vacancy;	9434

(6) Act as registrar or ~~judge~~precinct election official	9435
without having been appointed and having received a certificate of	9436
appointment, except a ~~judge~~precinct election official appointed	9437
to fill a vacancy caused by absence or removal;	9438

(7) Fail in any other way to perform any duty imposed by law.

9439

(B) Whoever violates division (A) of this section is guilty	9440
of a misdemeanor of the first degree.	9441

Sec. 3599.19. (A) No ~~judge of elections~~precinct election	9442
official shall knowingly do any of the following:	9443

(1) Unlawfully open or permit to be opened the sealed package	9444
containing registration lists, ballots, blanks, pollbooks, and	9445
other papers and material to be used in an election;	9446

(2) Unlawfully misplace, carry away, negligently lose or	9447
permit to be taken from the ~~judge~~precinct election official, fail	9448
to deliver, or destroy any such packages, papers, or material;	9449

(3) Receive or sanction the reception of a ballot from a	9450
person not a qualified elector or from a person who refused to	9451
answer a question in accordance with the election law;	9452

(4) Refuse to receive or sanction the rejection of a ballot	9453
from a person, knowing that person to be a qualified elector;	9454

(5) Permit a fraudulent ballot to be placed in the ballot	9455
box;	9456

(6) Place or permit to be placed in any ballot box any ballot	9457
known by the ~~judge~~precinct election official to be improperly or	9458
falsely marked;	9459

(7) Count or permit to be counted any illegal or fraudulent	9460
ballot;	9461

(8) Mislead an elector who is physically unable to prepare	9462
the elector's ballot, mark a ballot for such elector otherwise	9463
than as directed by that elector, or disclose to any person,	9464
except when legally required to do so, how such elector voted;	9465

(9) Alter or mark or permit any alteration or marking on any	9466
ballot when counting the ballots;	9467

(10) Unlawfully count or tally or sanction the wrongful	9468
counting or tallying of votes;	9469

(11) After the counting of votes commences, as required by	9470
law, postpone or sanction the postponement of the counting of	9471
votes, adjourn at any time or to any place, or remove the ballot	9472
box from the place of voting, or from the custody or presence of	9473
all the ~~judges of such elections~~precinct election officials;	9474

(12) Permit any ballot to remain or to be in the ballot box	9475
at the opening of the polls, or to be put in the box during the	9476
counting of the ballots, or to be left in the box without being	9477
counted;	9478

(13) Admit or sanction the admission to the polling room at	9479
an election during the receiving, counting, and certifying of	9480
votes of any person not qualified by law to be so admitted;	9481

(14) Refuse to admit or sanction the refusal to admit any	9482
person, upon lawful request for admission, who is legally	9483
qualified to be present;	9484

(15) Permit or sanction the counting of the ballots contrary	9485
to the manner prescribed by law;	9486

(16) Neglect or unlawfully execute any duty enjoined upon the	9487
~~judge~~precinct election official by law.	9488

(B) Whoever violates division (A) of this section is guilty	9489
of a misdemeanor of the first degree.	9490

Sec. 3599.31. No officer of the law shall fail to obey	9491
forthwith an order of the ~~presiding judge~~voting location manager	9492
and aid in enforcing a lawful order of the ~~presiding judges~~voting	9493
location manager at an election, against persons unlawfully	9494
congregating or loitering within one hundred feet of a polling	9495
place, hindering or delaying an elector from reaching or leaving	9496
the polling place, soliciting or attempting, within one hundred	9497
feet of the polling place, to influence an elector in casting the	9498
elector's vote, or interfering with the registration of voters or	9499
casting and counting of the ballots.	9500

Whoever violates this section is guilty of a misdemeanor of	9501
the first degree.	9502

Section 2. That existing sections 3.02, 7.101, 302.09,	9503
305.02, 503.24, 733.31, 1901.10, 2101.44, 2301.02, 3501.01,	9504
3501.02, 3501.05, 3501.051, 3501.053, 3501.10, 3501.11, 3501.13,	9505
3501.17, 3501.18, 3501.20, 3501.22, 3501.26, 3501.27, 3501.28,	9506
3501.29, 3501.30, 3501.301, 3501.31, 3501.32, 3501.33, 3501.35,	9507
3501.37, 3501.38, 3503.02, 3503.06, 3503.09, 3503.10, 3503.14,	9508
3503.15, 3503.16, 3503.18, 3503.19, 3503.21, 3503.24, 3503.26,	9509
3503.28, 3505.03, 3505.04, 3505.06, 3505.08, 3505.10, 3505.11,	9510
3505.13, 3505.16, 3505.17, 3505.18, 3505.181, 3505.182, 3505.183,	9511
3505.20, 3505.21, 3505.23, 3505.24, 3505.26, 3505.27, 3505.29,	9512
3505.30, 3505.31, 3506.05, 3506.08, 3506.09, 3506.12, 3506.15,	9513
3506.21, 3509.01, 3509.03, 3509.04, 3509.05, 3509.06, 3509.07,	9514
3509.08, 3511.02, 3511.021, 3511.04, 3511.05, 3511.09, 3511.11,	9515
3511.14, 3513.05, 3513.13, 3513.131, 3513.14, 3513.19, 3513.21,	9516
3513.31, 3515.04, 3515.08, 3517.01, 3517.012, 3517.014, 3517.015,	9517
3517.106, 3517.11, 3599.07, 3599.11, 3599.17, 3599.19, and	9518
3599.31, and sections 3503.29, 3506.16, 3517.016, and 3599.111 of	9519
the Revised Code are hereby repealed.	9520

Section 3. This act shall be known as the Voter Protection	9521
Act.	9522

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Bill Text: OH SB20 | 2013-2014 | 130th General Assembly | Introduced

Ohio Senate Bill 20 (Prior Session Legislation)

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