Sec. 3503.11. When any person applies for a driver's | 11 |
license, commercial driver's license, a state of Ohio | 12 |
identification card issued under section 4507.50 of the Revised | 13 |
Code, or motorcycle operator's license or endorsement, or the | 14 |
renewal or duplicate of any license or endorsement under Chapter | 15 |
4506. or 4507. of the Revised Code, the registrar of motor | 16 |
vehicles or deputy registrar shall offer the applicant the | 17 |
opportunity to register to vote or to update the applicant's voter | 18 |
registration. The registrar of motor vehicles or deputy registrar | 19 |
also shall make available to all other customers voter | 20 |
registration applications and change of residence and change of | 21 |
name, forms, but is not required to offer assistance to these | 22 |
customers in completing a voter registration application or other | 23 |
form. | 24 |
The registrar or deputy registrar shall send any completed | 25 |
registration application or any completed change of residence or | 26 |
change of name form that was completed and submitted in paper form | 27 |
to the deputy registrar to the board of elections of the county in | 28 |
which the office of the registrar or deputy registrar is located, | 29 |
within five days after accepting the application or other form. | 30 |
The registrar shall send any completed registration application | 31 |
received at the bureau of motor vehicles headquarters location and | 32 |
any completed change of residence or change of name form processed | 33 |
electronically in systems or programs operated and maintained by | 34 |
the bureau of motor vehicles to the secretary of state within five | 35 |
days after accepting the application or other form. | 36 |
The registrar shall collect from each deputy registrar | 37 |
through the reports filed under division (J) of section 4503.03 of | 38 |
the Revised Code and transmit to the secretary of state | 39 |
information on the number of voter registration applications and | 40 |
change of residence or change of name forms completed or declined, | 41 |
and any additional information required by the secretary of state | 42 |
to comply with the National Voter Registration Act of 1993. No | 43 |
information relating to an applicant's decision to decline to | 44 |
register or update the applicant's voter registration at the | 45 |
office of the registrar or deputy registrar may be used for any | 46 |
purpose other than voter registration record-keeping required by | 47 |
the secretary of state, and all such information shall be kept | 48 |
confidential. | 49 |
(2)(a) State agencies, including, but not limited to, the | 61 |
department of health, bureau of motor vehicles, department of job | 62 |
and family services, and the department of rehabilitation and | 63 |
corrections, shall provide any information and data to the | 64 |
secretary of state that is collected in the course of normal | 65 |
business and that is necessary to register to vote, to update an | 66 |
elector's registration, or to maintain the statewide voter | 67 |
registration database established pursuant to this section, except | 68 |
where prohibited by federal law or regulation. The secretary of | 69 |
state shall ensure that any information or data provided to the | 70 |
secretary of state that is confidential in the possession of the | 71 |
entity providing the data remains confidential while in the | 72 |
possession of the secretary of state. No public office, and no | 73 |
public official or employee, shall sell that information or data | 74 |
or use that information or data for profit. | 75 |
(3)(a) The secretary of state shall enter into agreements to | 89 |
share information or data that is in the possession of the | 90 |
secretary of state with other states or groups of states, as the | 91 |
secretary of state considers necessary, in order to maintain the | 92 |
statewide voter registration database established pursuant to this | 93 |
section. Except as otherwise provided in division (A)(3)(b) of | 94 |
this section, the secretary of state shall ensure that any | 95 |
information or data provided to the secretary of state that is | 96 |
confidential in the possession of the state providing the data | 97 |
remains confidential while in the possession of the secretary of | 98 |
state. | 99 |
(b) The secretary of state may provide such otherwise | 100 |
confidential information or data to persons or organizations that | 101 |
are engaging in legitimate governmental purposes related to the | 102 |
maintenance of the statewide voter registration database. The | 103 |
secretary of state shall adopt rules pursuant to Chapter 119. of | 104 |
the Revised Code identifying the persons or organizations who may | 105 |
receive that information or data. The secretary of state shall not | 106 |
share that information or data with a person or organization not | 107 |
identified in those rules. The secretary of state shall ensure | 108 |
that a person or organization that receives confidential | 109 |
information or data under this division keeps the information or | 110 |
data confidential in the person's or organization's possession by, | 111 |
at a minimum, entering into a confidentiality agreement with the | 112 |
person or organization. Any confidentiality agreement entered into | 113 |
under this division shall include a requirement that the person or | 114 |
organization submit to the jurisdiction of this state in the event | 115 |
that the person or organization breaches the agreement. | 116 |
(7) Establishing a uniform method for addressing instances in | 170 |
which records contained in the statewide voter registration | 171 |
database do not conform with records maintained by an agency, | 172 |
state, or group of states described in division (A)(2)(a) or | 173 |
(3)(a) of this section. That method shall prohibit an elector's | 174 |
voter registration from being canceled on the sole basis that the | 175 |
information in the registration record does not conform to records | 176 |
maintained by such an agency. | 177 |
(2) The secretary of state shall establish, by rule adopted | 204 |
under Chapter 119. of the Revised Code, a process for boards of | 205 |
elections to notify the secretary of state of changes in the | 206 |
locations of precinct polling places for the purpose of updating | 207 |
the information made available on the secretary of state's web | 208 |
site under division (G)(1)(b) of this section. Those rules shall | 209 |
require a board of elections, during the thirty days before the | 210 |
day of a primary or general election, to notify the secretary of | 211 |
state within one business day of any change to the location of a | 212 |
precinct polling place within the county. | 213 |
Sec. 3503.18. (A)(1) The director of health shall file with | 221 |
the secretary of state, at least once each month, the names, | 222 |
social security numbers, dates of birth, dates of death, and | 223 |
residences of all persons, over eighteen years of age, who have | 224 |
died within this state or another state within such month. If the | 225 |
director is notified of the death of such a person after the | 226 |
director has filed the report for the month in which the person | 227 |
died, the director shall file with the secretary of state a | 228 |
supplemental report containing that information concerning the | 229 |
person not later than one month after the director is notified of | 230 |
the person's death. | 231 |
(C) At least once each month the clerk of the court of common | 241 |
pleas shall file with the board the names and residence addresses | 242 |
of all persons who have been convicted during the previous month | 243 |
of crimes that would disfranchise such persons under existing laws | 244 |
of the state. Reports of conviction of crimes under the laws of | 245 |
the United States that would disfranchise an elector and that are | 246 |
provided to the secretary of state by any United States attorney | 247 |
shall be forwarded by the secretary of state to the appropriate | 248 |
board of elections. | 249 |
(D) Upon receiving a report required by this section, the | 250 |
board of elections shall promptly cancel the registration of each | 251 |
elector named in the report in accordance with section 3503.21 of | 252 |
the Revised Code. If the report contains a residence address of an | 253 |
elector in a county other than the county in which the board of | 254 |
elections is located, the director shall promptly send a copy of | 255 |
the report to the appropriate board of elections, which shall | 256 |
cancel the registration in accordance with that section. | 257 |
(B)(1) The secretary of state shall prescribe procedures to | 290 |
identify and cancel the registration in a prior county of | 291 |
residence of any registrant who changes the registrant's voting | 292 |
residence to a location outside the registrant's current county of | 293 |
registration. Any procedures prescribed in this division shall be | 294 |
uniform and nondiscriminatory, and shall comply with the Voting | 295 |
Rights Act of 1965. The secretary of state may prescribe | 296 |
procedures under this division that include the use of the | 297 |
national change of address service provided by the United States | 298 |
postal system through its licensees. Any program so prescribed | 299 |
shall be completed not later than ninety days prior to the date of | 300 |
any primary or general election for federal office. | 301 |
(2) The registration of any elector identified as having | 302 |
changed the elector's voting residence to a location outside the | 303 |
elector's current county of registration shall not be canceled | 304 |
unless the registrant is sent a confirmation notice on a form | 305 |
prescribed by the secretary of state and the registrant fails to | 306 |
respond to the confirmation notice or otherwise update the | 307 |
registration and fails to vote in any election during the period | 308 |
of two federal elections subsequent to the mailing of the | 309 |
confirmation notice. | 310 |
(D) Boards of elections shall send their voter registration | 316 |
information to the secretary of state as required under section | 317 |
3503.15 of the Revised Code. The secretary of state may prescribe | 318 |
by rule adopted pursuant to section 111.15 of the Revised Code the | 319 |
format in which the boards of elections must send that information | 320 |
to the secretary of state. In the first quarter of each | 321 |
odd-numbered year, the secretary of state shall send the | 322 |
information to the national change of address service described in | 323 |
division (B) of this section and request that service to provide | 324 |
the secretary of state with a list of any voters sent by the | 325 |
secretary of state who have moved within the last thirty-six | 326 |
twelve months. The secretary of state shall transmit to each | 327 |
appropriate board of elections whatever lists the secretary of | 328 |
state receives from that service. The board shall send a notice to | 329 |
each person on the list transmitted by the secretary of state | 330 |
requesting confirmation of the person's change of address, | 331 |
together with a postage prepaid, preaddressed return envelope | 332 |
containing a form on which the voter may verify or correct the | 333 |
change of address information. | 334 |
(F)(1) When a registration is canceled pursuant to division | 342 |
(A)(2) or (3) of this section, the applicable board of elections | 343 |
shall send a written notice, on a form prescribed by the secretary | 344 |
of state, to the address at which the elector was registered, | 345 |
informing the recipient that the elector's registration has been | 346 |
canceled, of the reason for the cancellation, and that if the | 347 |
cancellation was made in error, the elector may contact the board | 348 |
of elections to correct the error. | 349 |
Sec. 3506.22. (A) Beginning in the year 2013 and thereafter, | 353 |
a county that selects direct recording electronic voting machines | 354 |
as the primary voting system to be used in the county and not only | 355 |
for accessibility for individuals with disabilities as required | 356 |
under the Help America Vote Act of 2002 and section 3506.19 of the | 357 |
Revised Code shall acquire, if needed, sufficient direct recording | 358 |
electronic voting machines to meet the minimum number of direct | 359 |
recording electronic voting machines required to be established by | 360 |
the secretary of state under division (B) of this section. | 361 |
(B) Beginning in the year 2013 and every eight years | 362 |
thereafter, the secretary of state shall establish, for each | 363 |
county, a minimum number of direct recording electronic voting | 364 |
machines that the county shall be required to have if it elects to | 365 |
use direct recording electronic voting machines as the primary | 366 |
voting system in the county. The minimum number for each county | 367 |
shall be calculated as follows: | 368 |
(1) The total number of registered voters in the county as of | 369 |
the October deadline for voter registration for the last | 370 |
presidential election or the average of the total number of | 371 |
registered voters in the county as of the October deadline for | 372 |
voter registration for the last two presidential elections, | 373 |
whichever number is higher, minus the total number of absent | 374 |
voter's ballots cast and counted at the last presidential | 375 |
election, shall be determined. | 376 |
(C) A county that selects direct recording electronic voting | 383 |
machines as the primary voting system to be used in the county and | 384 |
not only for accessibility for individuals with disabilities as | 385 |
required under the Help America Vote Act of 2002 and section | 386 |
3506.19 of the Revised Code after the effective date of this | 387 |
sectionMay 2, 2006, but before the year 2013 shall do so in | 388 |
accordance with the formula set forth in Section 514.03 of Am. | 389 |
Sub. H.B. 66 of the 126th general assembly. | 390 |