AN ACT
begins with 3501To amend sections ... 3501.01, 3501.05, 3501.10, 3501.11, 3501.13, 3501.17, 3501.26, 3501.30, 3501.33, 3501.35, 3501.38, 3501.39, 3503.02, 3503.06, 3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21, 3503.23, 3503.24, 3505.062, 3505.063, 3505.16, 3505.18, 3505.19, 3505.20, 3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 3506.01, 3506.05, 3506.12, 3506.13, 3506.18, 3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.08, 3509.09, 3511.02, 3511.09, 3511.13, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 3513.09, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261, 3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 3517.01, 3517.081, 3517.092, 3517.10, 3517.106, 3517.1011, 3517.12, 3517.13, 3517.153, 3519.01, 3519.03, 3519.04, 3519.05, 3523.05, 3599.11, 3599.111, 3599.13, 3599.14, 3599.21, 3599.24, 3599.38, 4113.52, 4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4305.14, 4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 5705.218, 5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 5748.08, and to enact sections 3501.052, 3501.19, 3501.382, 3501.90, 3503.15, 3503.28, 3503.29, 3505.181, 3505.182, 3505.183, 3506.20, 3506.21, 3506.22, 3506.23, 3515.041, 3515.072, 3519.051, and 3519.07, and to repeal section 3503.27 of the Revised Code to revise the Election Law and to terminate certain provisions of this act on January 1, 2009, by repealing section 3501.19 of the Revised Code on that date.
SECTION 1. That sections ... 3501.01, 3501.05, 3501.10, 3501.11, 3501.13, 3501.17, 3501.26, 3501.30, 3501.33, 3501.35, 3501.38, 3501.39, 3503.02, 3503.06, 3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21, 3503.23, 3503.24, 3505.062, 3505.063, 3505.16, 3505.18, 3505.19, 3505.20, 3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 3506.01, 3506.05, 3506.12, 3506.13, 3506.18, 3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.08, 3509.09, 3511.02, 3511.09, 3511.13, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 3513.09, 3513.19, 3513.20, 3513.22, 3513.14, 3599.21, 3599.24, 3599.38, ... be amended and sections ... 3501.052, 3501.19, 3501.382, 3501.90, 3503.15, 3503.28, 3503.29, 3505.181, 3505.182, 3505.183, 3506.20, 3506.21, 3506.22, 3506.23, 3515.041, 3515.072, 3519.051, and 3519.07 of the Revised Code be enacted to read as follows:
Sec. 3501.01. As used in the sections of the Revised Code relating to elections and political communications:
(A) "General election" means the election held on the first Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held on the first Tuesday after the first Monday in November in each odd-numbered year.
(C) "Regular state election" means the election held on the first Tuesday after the first Monday in November in each even-numbered year.
(D) "Special election" means any election other than those elections defined in other divisions of this section. A special election may be held only on the first Tuesday after the first Monday in February, May, August, or November, or on the day authorized by a particular municipal or county charter for the holding of a primary election, except that in any year in which a presidential primary election is held, no special election shall be held in February or May, except as authorized by a municipal or county charter, but may be held on the first Tuesday after the first Monday in March.
(E)(1) "Primary" or "primary election" means an election held for the purpose of nominating persons as candidates of political parties for election to offices, and for the purpose of electing persons as members of the controlling committees of political parties and as delegates and alternates to the conventions of political parties. Primary elections shall be held on the first Tuesday after the first Monday in May of each year except in years in which a presidential primary election is held.
(2) "Presidential primary election" means a primary election as defined by division (E)(1) of this section at which an election is held for the purpose of choosing delegates and alternates to the national conventions of the major political parties pursuant to section 3513.12 of the Revised Code. Unless otherwise specified, presidential primary elections are included in references to primary elections. In years in which a presidential primary election is held, all primary elections shall be held on the first Tuesday after the first Monday in March except as otherwise authorized by a municipal or county charter.
(F) "Political party" means any group of voters meeting the requirements set forth in section 3517.01 of the Revised Code for the formation and existence of a political party.
(1) "Major political party" means any political party organized under the laws of this state whose candidate for governor or nominees for presidential electors received no less than twenty per cent of the total vote cast for such office at the most recent regular state election.
(2) "Intermediate political party" means any political party organized under the laws of this state whose candidate for governor or nominees for presidential electors received less than twenty per cent but not less than ten per cent of the total vote cast for such office at the most recent regular state election.
(3) "Minor political party" means any political party organized under the laws of this state whose candidate for governor or nominees for presidential electors received less than ten per cent but not less than five per cent of the total vote cast for such office at the most recent regular state election or which has filed with the secretary of state, subsequent to any election in which it received less than five per cent of such vote, a petition signed by qualified electors equal in number to at least one per cent of the total vote cast for such office in the last preceding regular state election, except that a newly formed political party shall be known as a minor political party until the time of the first election for governor or president which occurs not less than twelve months subsequent to the formation of such party, after which election the status of such party shall be determined by the vote for the office of governor or president.
(G) "Dominant party in a precinct" or "dominant political party in a precinct" means that political party whose candidate for election to the office of governor at the most recent regular state election at which a governor was elected received more votes than any other person received for election to that office in such precinct at such election.
(H) "Candidate" means any qualified person certified in accordance with the provisions of the Revised Code for placement on the official ballot of a primary, general, or special election to be held in this state, or any qualified person who claims to be a write-in candidate, or who knowingly assents to being represented as a write-in candidate by another at either a primary, general, or special election to be held in this state.
(I) "Independent candidate" means any candidate who claims not to be affiliated with a political party, and whose name has been certified on the office-type ballot at a general or special election through the filing of a statement of candidacy and nominating petition, as prescribed in section 3513.257 of the Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name is required, pursuant to section 3505.04 of the Revised Code, to be listed on the nonpartisan ballot, including all candidates for judicial office, for member of any board of education, for municipal or township offices in which primary elections are not held for nominating candidates by political parties, and for offices of municipal corporations having charters that provide for separate ballots for elections for these offices.
(K) "Party candidate" means any candidate who claims to be a member of a political party, whose name has been certified on the office-type ballot at a general or special election through the filing of a declaration of candidacy and petition of candidate, and who has won the primary election of the candidate's party for the public office the candidate seeks or is selected by party committee in accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not limited to, any member, elected or appointed, of a controlling committee, whether representing the territory of the state, a district therein, a county, township, a city, a ward, a precinct, or other territory, of a major, intermediate, or minor political party.
(M) "Question or issue" means any question or issue certified in accordance with the Revised Code for placement on an official ballot at a general or special election to be held in this state.
(N) "Elector" or "qualified elector" means a person having the qualifications provided by law to be entitled to vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an elector which shall determine the precinct in which the elector may vote.
(Q) "Precinct" means a district within a county established by the board of elections of such county within which all qualified electors having a voting residence therein may vote at the same polling place.
(R) "Polling place" means that place provided for each precinct at which the electors having a voting residence in such precinct may vote.
(S) "Board" or "board of elections" means the board of elections appointed in a county pursuant to section 3501.06 of the Revised Code.
(T) "Political subdivision" means a county, township, city, village, or school district.
(U) "Election officer" or "election official" means any of the following:
(1) Secretary of state;
(2) Employees of the secretary of state serving the division of elections in the capacity of attorney, administrative officer, administrative assistant, elections administrator, office manager, or clerical supervisor;
(3) Director of a board of elections;
(4) Deputy director of a board of elections;
(5) Member of a board of elections;
(6) Employees of a board of elections;
(7) Precinct polling place judges and clerks;
(8) Employees appointed by the boards of elections on a temporary or part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board of elections, on a form prescribed by the secretary of state, informing a voter registration applicant or an applicant who wishes to change the applicant's residence or name of the status of the application; the information necessary to complete or update the application, if any; and if the application is complete, the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board of elections, on a form prescribed by the secretary of state, to a registered elector to confirm the registered elector's current address.
(X) "Designated agency" means an office or agency in the state that provides public assistance or that provides state-funded programs primarily engaged in providing services to persons with disabilities and that is required by the National Voter Registration Act of 1993 to implement a program designed and administered by the secretary of state for registering voters, or any other public or government office or agency that implements a program designed and administered by the secretary of state for registering voters, including the department of job and family services, the program administered under section 3701.132 of the Revised Code by the department of health, the department of mental health, the department of mental retardation and developmental disabilities, the rehabilitation services commission, and any other agency the secretary of state designates. "Designated agency" does not include public high schools and vocational schools, public libraries, or the office of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the "National Voter Registration Act of 1993," 107 Stat. 77, 42 U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA) "Photo identification" means a document that meets each of the following requirements:
(1) It shows the name of the individual to whom it was issued, which shall conform to the name in the poll list or signature pollbook.
(2) It shows the current address of the individual to whom it was issued, which shall conform to the address in the poll list or signature pollbook, except for a driver's license or a state identification card issued under section 4507.50 of the Revised Code, which may show either the current or former address of the individual to whom it was issued, regardless of whether that address conforms to the address in the poll list or signature pollbook.
(3) It shows a photograph of the individual to whom it was issued.
(4) It includes an expiration date that has not passed.
(5) It was issued by the government of the United States or this state.
Sec. 3501.05. The secretary of state shall do all of the following:
(A) Appoint all members of boards of elections;
(B)
Issue instructions by directives and advisories to
members
of
the boards as to the proper methods
of conducting
elections;.
In addition to any other publication of those directives and
advisories, the secretary of state shall publish those directives and
advisories on a web site of the office of the secretary of state as
soon as is practicable after they are issued, but not later than the
close of business on the same day as a directive or advisory is issued.
The secretary of state shall not remove from the web site any
directives and advisories so posted. The secretary of state shall
provide on that web site access to all directives and advisories
currently in effect and to an archive of all directives and advisories
previously published on that web site.
(C) Prepare rules and instructions for the conduct of elections;
(D) Publish and furnish to the boards from time to time a sufficient number of indexed copies of all election laws then in force;
(E) Edit and issue all pamphlets concerning proposed laws or amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards, blanks, and records;
(G) Determine and prescribe the forms of ballots and the forms of all blanks, cards of instructions, pollbooks, tally sheets, certificates of election, and forms and blanks required by law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on the ballot for any proposed law or amendment to the constitution to be submitted to the voters of the state;
(I) Certify to the several boards the forms of ballots and names of candidates for state offices, and the form and wording of state referendum questions and issues, as they shall appear on the ballot;
(J) Give final approval to ballot language for any local question or issue approved and transmitted by boards of elections under section 3501.11 of the Revised Code;
(K) Receive all initiative and referendum petitions on state questions and issues and determine and certify to the sufficiency of those petitions;
(L) Require such reports from the several boards as are provided by law, or as the secretary of state considers necessary;
(M) Compel the observance by election officers in the several counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of this section, investigate the administration of election laws, frauds, and irregularities in elections in any county, and report violations of election laws to the attorney general or prosecuting attorney, or both, for prosecution;
(2) On and after August 24, 1995, report a failure to comply with or a violation of a provision in sections 3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code, whenever the secretary of state has or should have knowledge of a failure to comply with or a violation of a provision in one of those sections, by filing a complaint with the Ohio elections commission under section 3517.153 of the Revised Code;
(O) Make an annual report to the governor containing the results of elections, the cost of elections in the various counties, a tabulation of the votes in the several political subdivisions, and other information and recommendations relative to elections the secretary of state considers desirable;
(P) Prescribe and distribute to boards of elections a list of instructions indicating all legal steps necessary to petition successfully for local option elections under sections 4301.32 to 4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Prescribe a general program Adopt rules pursuant to Chapter 119. of the Revised Code to require each board of elections to remove ineligible voters
from official
registration lists by reason of change of the
statewide voter registration database and, if already prepared for a
particular election, from the poll list or signature pollbook used in
each precinct, which rules shall provide for all of the following:
(1) A process for the removal of voters who have changed residence, which shall be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 and the National Voter Registration Act of 1993, including a program that uses the national change of address service provided by the United States postal system through its licensees;
(2) A process for the removal of ineligible voters under section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of an ineligible voter from the statewide voter registration database and, if already prepared for a particular election, from the poll list or signature pollbook used in each precinct and noting the reason for that mark or removal.
(R) Prescribe a general program for registering voters or updating voter registration information, such as name and residence changes, at designated agencies, the offices of deputy registrars of motor vehicles, public high schools and vocational schools, public libraries, and the offices of county treasurers, and prescribe a program of distribution of voter registration forms through those agencies, the offices of the registrar and deputy registrars of motor vehicles, public high schools and vocational schools, public libraries, and the offices of county treasurers;
(S) To the extent feasible, provide copies, at no cost and upon request, of the voter registration form in post offices in this state;
(T) Adopt rules pursuant to section 111.15 of the Revised Code for the purpose of implementing the program for registering voters at designated agencies and the offices of the registrar and deputy registrars of motor vehicles consistent with this chapter;
(U)
Specify, by a directive issued not later than
thirty-five
days prior to the date of an election, the date by
which the
boards shall complete the canvass of election returns
under
section 3505.32 or 3513.22 of the Revised Code;
(V)
Establish the full-time position of Americans with Disabilities Act
coordinator within the office of the secretary of state to do all of
the following:
(1) Assist the secretary of state with ensuring that there is equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each voter may cast the voter's ballot in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters;
(3) Advise the secretary of state in the development of standards for the certification of voting machines, marking devices, and automatic tabulating equipment.
(W)(V) Establish a
computerized statewide database of all legally registered voters under
section 3503.15 of the Revised Code that complies with the requirements
of the "Help America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat.
1666, and provide training in the operation of that system;
(W) Ensure that all directives, advisories, other instructions, or decisions issued or made during or as a result of any conference or teleconference call with a board of elections to discuss the proper methods and procedures for conducting elections, to answer questions regarding elections, or to discuss the interpretation of directives, advisories, or other instructions issued by the secretary of state are posted on a web site of the office of the secretary of state as soon as is practicable after the completion of the conference or teleconference call, but not later than the close of business on the same day as the conference or teleconference call takes place.
(X) Publish a report on a web site of the office of the secretary of state not later than one month after the completion of the canvass of the election returns for each primary and general election, identifying, by county, the number of absent voter's ballots cast and the number of those ballots that were counted, and the number of provisional ballots cast and the number of those ballots that were counted, for that election. The secretary of state shall maintain the information on the web site in an archive format for each subsequent election.
(Y) Conduct voter education outlining voter identification requirements;
(Z) Establish a procedure by which a registered elector may update the elector's signature used in the poll list or signature pollbook produced by the board of elections of the county in which the elector resides;
(AA) Perform other duties required by law.
Whenever a primary election is held under section 3513.32 of the Revised Code or a special election is held under section 3521.03 of the Revised Code to fill a vacancy in the office of representative to congress, the secretary of state shall establish a deadline, notwithstanding any other deadline required under the Revised Code, by which any or all of the following shall occur: the filing of a declaration of candidacy and petitions or a statement of candidacy and nominating petition together with the applicable filing fee; the filing of protests against the candidacy of any person filing a declaration of candidacy or nominating petition; the filing of a declaration of intent to be a write-in candidate; the filing of campaign finance reports; the preparation of, and the making of corrections or challenges to, precinct voter registration lists; the receipt of applications for absent voter's ballots or armed service absent voter's ballots; the supplying of election materials to precincts by boards of elections; the holding of hearings by boards of elections to consider challenges to the right of a person to appear on a voter registration list; and the scheduling of programs to instruct or reinstruct election officers.
In the performance of the secretary of state's duties as the chief election officer, the secretary of state may administer oaths, issue subpoenas, summon witnesses, compel the production of books, papers, records, and other evidence, and fix the time and place for hearing any matters relating to the administration and enforcement of the election laws.
In any controversy involving or arising out of the adoption of registration or the appropriation of funds for registration, the secretary of state may, through the attorney general, bring an action in the name of the state in the court of common pleas of the county where the cause of action arose or in an adjoining county, to adjudicate the question.
In any action involving the laws in Title XXXV of the Revised Code wherein the interpretation of those laws is in issue in such a manner that the result of the action will affect the lawful duties of the secretary of state or of any board of elections, the secretary of state may, on the secretary of state's motion, be made a party.
The secretary of state may apply to any court that is hearing a case in which the secretary of state is a party, for a change of venue as a substantive right, and the change of venue shall be allowed, and the case removed to the court of common pleas of an adjoining county named in the application or, if there are cases pending in more than one jurisdiction that involve the same or similar issues, the court of common pleas of Franklin county.
Public high schools and vocational schools, public libraries, and the office of a county treasurer shall implement voter registration programs as directed by the secretary of state pursuant to this section.
Sec. 3501.052. (A) The secretary of state shall not serve as campaign treasurer or in any other official capacity for any campaign committee for any state or local office other than an office to which the secretary of state is seeking election.
(B) The secretary of state shall not serve as campaign treasurer or in any other official capacity for any principal campaign committee or other authorized committee for any federal office other than an office to which the secretary of state is seeking election.
(C) The secretary of state shall not serve as a treasurer or in any other official capacity for any committee named in an initiative petition, any committee named in a referendum petition, any person making disbursements for the direct costs of producing or airing electioneering communications, or any other committee regulated under Chapter 3517. of the Revised Code.
(D) The attorney general shall not serve as a treasurer or in any other official capacity for any committee named in an initiative petition or any committee named in a referendum petition.
(E) As used in this section:
(1) "Authorized committee" and "principal campaign committee" have the same meanings as in the Federal Election Campaign Act.
(2) "Campaign committee," "campaign treasurer," and "Federal Election Campaign Act" have the same meanings as in section 3517.01 of the Revised Code.
(3) "Electioneering communication" has the same meaning as in section 3517.1011 of the Revised Code.
Sec. 3501.10. (A) The board of elections shall, as an expense of the board, provide suitable rooms for its offices and records and the necessary and proper furniture and supplies for those rooms. The board may lease such offices and rooms, necessary to its operation, for the length of time and upon the terms the board deems in the best interests of the public, provided that the term of any such lease shall not exceed fifteen years.
Thirty days prior to entering into such a lease, the board shall notify the board of county commissioners in writing of its intent to enter into the lease. The notice shall specify the terms and conditions of the lease. Prior to the thirtieth day after receiving that notice and before any lease is entered into, the board of county commissioners may reject the proposed lease by a majority vote. After receiving written notification of the rejection by the board of county commissioners, the board of elections shall not enter into the lease that was rejected, but may immediately enter into additional lease negotiations, subject to the requirements of this section.
The board of elections in any county may, by resolution, request that the board of county commissioners submit to the electors of the county, in accordance with section 133.18 of the Revised Code, the question of issuing bonds for the acquisition of real estate and the construction on it of a suitable building with necessary furniture and equipment for the proper administration of the duties of the board of elections. The resolution declaring the necessity for issuing such bonds shall relate only to the acquisition of real estate and to the construction, furnishing, and equipping of a building as provided in this division.
(B) The board of elections in each county shall keep its offices, or one or more of its branch registration offices, open for the performance of its duties until nine p.m. on the last day of registration before a general or primary election. At all other times during each week, the board shall keep its offices and rooms open for a period of time that the board considers necessary for the performance of its duties.
(C) The board of elections may maintain permanent or temporary branch offices at any place within the county, provided that, if the board of elections permits electors to vote at a branch office, electors shall not be permitted to vote at any other branch office or any other office of the board of elections.
Sec. 3501.11. Each board of elections shall exercise by a majority vote all powers granted to the board by Title XXXV of the Revised Code, shall perform all the duties imposed by law, and shall do all of the following:
(A) Establish, define, provide, rearrange, and combine election precincts;
(B) Fix and provide the places for registration and for holding primaries and elections;
(C) Provide for the purchase, preservation, and maintenance of booths, ballot boxes, books, maps, flags, blanks, cards of instructions, and other forms, papers, and equipment used in registration, nominations, and elections;
(D) Appoint and remove its director, deputy director, and employees and all registrars, judges, and other officers of elections, fill vacancies, and designate the ward or district and precinct in which each shall serve;
(E) Make and issue rules and instructions, not inconsistent with law or the rules, directives, or advisories issued by the secretary of state, as it considers necessary for the guidance of election officers and voters;
(F) Advertise and contract for the printing of all ballots and other supplies used in registrations and elections;
(G) Provide for the issuance of all notices, advertisements, and publications concerning elections, except as otherwise provided in division (G) of section 3501.17 of the Revised Code;
(H) Provide for the delivery of ballots, pollbooks, and other required papers and material to the polling places;
(I) Cause the polling places to be suitably provided with voting machines, marking devices, automatic tabulating equipment,
stalls, and other required supplies;.
In fulfilling this duty, each board of a county that uses voting
machines, marking devices, or automatic tabulating equipment shall
conduct a full vote of the board during a public session of the board
on the allocation and distribution of voting machines, marking devices,
and automatic tabulating equipment for each precinct in the county.
(J) Investigate irregularities, nonperformance of duties, or violations of Title XXXV of the Revised Code by election officers and other persons; administer oaths, issue subpoenas, summon witnesses, and compel the production of books, papers, records, and other evidence in connection with any such investigation; and report the facts to the prosecuting attorney;
(K) Review, examine, and certify the sufficiency and validity of petitions and nomination papers, and, after certification, return to the secretary of state all petitions and nomination papers that the secretary of state forwarded to the board;
(L) Receive the returns of elections, canvass the returns, make abstracts of them, and transmit those abstracts to the proper authorities;
(M) Issue certificates of election on forms to be prescribed by the secretary of state;
(N) Make an annual report to the secretary of state, on the form prescribed by the secretary of state, containing a statement of the number of voters registered, elections held, votes cast, appropriations received, expenditures made, and other data required by the secretary of state;
(O) Prepare and submit to the proper appropriating officer a budget estimating the cost of elections for the ensuing fiscal year;
(P) Perform other duties as prescribed by law or the rules, directives, or advisories of the secretary of state;
(Q) Investigate and determine the residence qualifications of electors;
(R) Administer oaths in matters pertaining to the administration of the election laws;
(S) Prepare and submit to the secretary of state, whenever the secretary of state requires, a report containing the names and residence addresses of all incumbent county, municipal, township, and board of education officials serving in their respective counties;
(T) Establish and maintain a voter registration of all qualified electors in the county who offer to register;
(U) Maintain voter registration records, make reports concerning voter registration as required by the secretary of state, and remove ineligible electors from voter registration lists in accordance with law and directives of the secretary of state;
(V) At least annually, on a schedule and in a format
prescribed by the secretary of state, submit to the secretary of
state an accurate and current list of all registered voters in
the
county for the purpose of assisting the secretary of state to
maintain a master list of registered voters pursuant to section
3503.27 of the Revised Code;
(W) Give approval to ballot language for any local question
or issue and
transmit
the language to the secretary of state for
the secretary of state's final
approval;
(X)(W) Prepare and cause the following notice to be displayed
in a prominent location in every polling place:
Ohio law prohibits any person from voting or attempting to vote more than once at the same election.
Violators are guilty of a felony of the fourth degree and shall be imprisoned and additionally may be fined in accordance with law."
(X) In all cases of a tie vote or a disagreement in the board, if no decision can be arrived at, the director or chairperson shall submit the matter in controversy, not later than fourteen days after the tie vote or the disagreement, to the secretary of state, who shall summarily decide the question, and the secretary of state's decision shall be final.
(Y) Assist each designated agency, deputy registrar of motor vehicles, public high school and vocational school, public library, and office of a county treasurer in the implementation of a program for registering voters at all voter registration locations as prescribed by the secretary of state. Under this program, each board of elections shall direct to the appropriate board of elections any voter registration applications for persons residing outside the county where the board is located within five days after receiving the applications.
(Z) On any day on which an elector may vote in person at the
office of the
board or at another site designated by the board, consider
the board or other
designated site shall be considered a polling
place for that day, and all. All
requirements or prohibitions of law
that apply to a polling place shall apply
to the office of the
board or other designated site on that day.
Sec. 3501.13. (A) The director of the board of elections shall
keep a full and true record of the proceedings of the board and
of all moneys received and expended; file and preserve in its
the board's office all orders and records pertaining to the administration of
registrations, primaries, and elections; receive and have the
custody of all books, papers, and property belonging to the
board; and shall perform such other duties in connection with his
the office of director and the proper conduct of elections as
the board determines.
(B) Before entering upon the duties of his the office, the director
shall subscribe to an oath that he the director will support the
constitutions Constitution of the United States and of this state the Ohio Constitution, perform all the duties
of the director office to the best of his the
director's ability, enforce the election laws, and preserve all records,
documents, and other property
pertaining to the conduct of elections placed in his the director's custody.
(C) The director may administer oaths to such persons as are
required by law to file certificates or other papers with the
board, to judges and clerks of elections, to witnesses who are
called to testify before the board, and to voters filling out
blanks at the board's offices. Except as otherwise provided by state or
federal law, the records of the board and
papers and books filed in its office are public records and open
to inspection under such reasonable regulations as shall be
established by the board. The following notice shall be posted
in a prominent place at each board office:
"Except as otherwise provided by state or federal law, records filed in this office of the board of elections are open to public inspection during normal office hours, pursuant to the following reasonable regulations: (the board shall here list its regulations). Whoever prohibits any person from inspecting the public records of this board is subject to the penalties of section 3599.161 of the Revised Code."
(D) Upon receipt of a written declaration of intent to retire as provided for in section 145.38 of the Revised Code, the director shall provide a copy to each member of the board of elections.
Sec. 3501.17. (A) The expenses of the board of elections shall be paid from the county treasury, in pursuance of appropriations by the board of county commissioners, in the same manner as other county expenses are paid. If the board of county commissioners fails to appropriate an amount sufficient to provide for the necessary and proper expenses of the board of elections pertaining to the conduct of elections, the board of elections may apply to the court of common pleas within the county, which shall fix the amount necessary to be appropriated and the amount shall be appropriated. Payments shall be made upon vouchers of the board of elections certified to by its chairperson or acting chairperson and the director or deputy director, upon warrants of the county auditor.
The board
of elections shall not
incur any obligation involving the expenditure of money unless
there are moneys sufficient in the funds appropriated therefor to
meet the obligation as required in division (D) of section 5705.41 of the Revised Code.
If the board of elections requests a transfer of funds from one of its
appropriation items to another, the board of county commissioners shall
adopt a resolution providing for the transfer except as otherwise
provided in section 5705.40 of the Revised Code. The expenses of the
board of elections shall be apportioned among
the county and the various subdivisions as provided in this
section, and the amount chargeable to each subdivision shall be
withheld by the auditor from the moneys payable thereto at the
time of the next tax settlement. At the time of submitting
budget estimates in each year, the board of elections shall
submit to the taxing authority of each subdivision, upon the
request of the subdivision, an estimate of the amount to be
withheld from the subdivision during the next fiscal year.
(B) Except as otherwise provided in division (F) of this section, the entire compensation of the members of the board of elections and of the director, deputy director, and other employees in the board's offices; the expenditures for the rental, furnishing, and equipping of the office of the board and for the necessary office supplies for the use of the board; the expenditures for the acquisition, repair, care, and custody of the polling places, booths, guardrails, and other equipment for polling places; the cost of pollbooks, tally sheets, maps, flags, ballot boxes, and all other permanent records and equipment; the cost of all elections held in and for the state and county; and all other expenses of the board which are not chargeable to a political subdivision in accordance with this section shall be paid in the same manner as other county expenses are paid.
(C) The compensation of judges and clerks of elections; the cost of renting, moving, heating, and lighting polling places and of placing and removing ballot boxes and other fixtures and equipment thereof; the cost of printing and delivering ballots, cards of instructions, and other election supplies; and all other expenses of conducting primaries and elections in the odd-numbered years shall be charged to the subdivisions in and for which such primaries or elections are held. The charge for each primary or general election in odd-numbered years for each subdivision shall be determined in the following manner: first, the total cost of all chargeable items used in conducting such elections shall be ascertained; second, the total charge shall be divided by the number of precincts participating in such election, in order to fix the cost per precinct; third, the cost per precinct shall be prorated by the board of elections to the subdivisions conducting elections for the nomination or election of offices in such precinct; fourth, the total cost for each subdivision shall be determined by adding the charges prorated to it in each precinct within the subdivision.
(D) The entire cost of special elections held on a day other than the day of a primary or general election, both in odd-numbered or in even-numbered years, shall be charged to the subdivision. Where a special election is held on the same day as a primary or general election in an even-numbered year, the subdivision submitting the special election shall be charged only for the cost of ballots and advertising. Where a special election is held on the same day as a primary or general election in an odd-numbered year, the subdivision submitting the special election shall be charged for the cost of ballots and advertising for such special election, in addition to the charges prorated to such subdivision for the election or nomination of candidates in each precinct within the subdivision, as set forth in the preceding paragraph.
(E) Where a special election is held on the day specified by division (E) of section 3501.01 of the Revised Code for the holding of a primary election, for the purpose of submitting to the voters of the state constitutional amendments proposed by the general assembly, and a subdivision conducts a special election on the same day, the entire cost of the special election shall be divided proportionally between the state and the subdivision based upon a ratio determined by the number of issues placed on the ballot by each, except as otherwise provided in division (G) of this section. Such proportional division of cost shall be made only to the extent funds are available for such purpose from amounts appropriated by the general assembly to the secretary of state. If a primary election is also being conducted in the subdivision, the costs shall be apportioned as otherwise provided in this section.
(F) When a precinct is open during a general, primary, or special election solely for the purpose of submitting to the voters a statewide ballot issue, the state shall bear the entire cost of the election in that precinct and shall reimburse the county for all expenses incurred in opening the precinct.
(G) The state shall bear the entire cost of advertising in newspapers statewide ballot issues, explanations of those issues, and arguments for or against those issues, as required by Section 1g of Article II and Section 1 of Article XVI, Ohio Constitution, and any other section of law and shall reimburse the counties for all expenses they incur for such advertising.
(H) The cost of renting, heating, and lighting registration places; the cost of the necessary books, forms, and supplies for the conduct of registration; and the cost of printing and posting precinct registration lists shall be charged to the subdivision in which such registration is held.
(I) As used in this section, "statewide ballot issue" means any ballot issue, whether proposed by the general assembly or by initiative or referendum, that is submitted to the voters throughout the state.
Sec. 3501.19. (A) Except as otherwise provided in division (C) of this section, on each of the following dates, the board of elections shall send a notice by nonforwardable mail to each elector who is registered to vote in a precinct in which an election will be conducted:
(1) The sixtieth day before the day of any special election that may be held on the first Tuesday after the first Monday in August, 2006;
(2) The sixtieth day before the day of the 2006 general election;
(3) The sixtieth day before the day of the 2008 primary election;
(4) The sixtieth day before the day of the 2008 general election.
(B) The notice required under division (A) of this section shall include each of the following:
(1) The day of the election;
(2) The location of the polling place for the precinct in which the elector is registered to vote;
(3) A reminder, which shall be indicated in bold type, stating as follows:
"Voters must bring identification to the polls in order to verify identity. Identification may include a current and valid photo identification, a military identification that shows the voter's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than this reminder or a voter registration notification, that shows the voter's name and current address. Voters who do not provide one of these documents will still be able to vote by providing the last four digits of the voter's social security number and by casting a provisional ballot. Voters who do not have any of the above forms of identification, including a social security number, will still be able to vote by signing an affirmation swearing to the voter's identity under penalty of election falsification and by casting a provisional ballot."
(C) If the notice sent under division (A) of this section is returned undelivered to the board, the board shall cause the elector's name in the official registration list and in the poll list or signature pollbook for that elector's precinct to be marked to indicate that the notice was returned to the board.
At the first election at which an elector whose name has been so marked appears to vote, the elector shall be required to provide identification to the election officials.
If the elector provides to the election officials a current and valid photo identification, a military identification that shows the voter's name and current address, or a copy of 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 an election mailed by a board of elections under division (A) of this section or a notice of voter registration notification mailed by a board of elections under section 3503.19 of the Revised Code, the voter shall be permitted to cast a ballot in accordance with division (B) of section 3505.18 of the Revised Code. The board shall correct that elector's registration, if needed, and shall remove the indication that the elector's notice was returned from that elector's name on the official registration list and on the poll list or signature pollbook.
If the elector provides to the election officials a photo identification that does not contain the elector's current address, if the elector provides the last four digits of the elector's social security number, if the elector is unable to provide any of the required forms of identification, if the elector refuses to provide any of the required forms of identification, or if the elector executes an affirmation under division (A)(4) of section 3505.18 of the Revised Code, the elector shall be permitted to vote by provisional ballot under section 3505.181 of the Revised Code. If the provisional ballot is counted pursuant to division (B)(3) of section 3505.183 of the Revised Code, the board shall correct that elector's registration, if needed, and shall remove the indication that the elector's notice was returned from that elector's name on the official registration list and on the poll list or signature pollbook.
(D) No board of elections shall be required to mail a notice under division (A) of this section to any elector who registered to vote within thirty days prior to the date for mailing the notice under that division.
(E) A notice mailed to an elector under division (A) of this section shall not be considered a government document that contains the voter's name and current address for the purpose of providing identification under sections 3503.14, 3503.16, 3503.19, 3503.28, 3505.18, 3505.181, 3505.182, 3505.183, 3509.03, 3509.031, 3509.04, 3509.05, 3511.02, and 3511.09 of the Revised Code.
Sec. 3501.26. When the polls are closed after a primary,
general, or special election, the receiving officials shall, in
the presence of the counting officials and attending witnesses observers,
proceed as follows:
(A) Count the number of electors who voted, as shown on
the poll books.;
(B) Count the unused ballots without removing stubs.;
(C) Count the soiled and defaced ballots.;
(D) Insert the totals of divisions (A), (B), and (C) of
this section on the report forms provided therefor in the poll
books.;
(E) Count the voted ballots. If the number of voted
ballots exceeds the number of voters whose names appear upon the
poll books, the presiding judge shall enter on the poll books an
explanation of such that discrepancy, and such that explanation, if agreed
to, shall be subscribed to by all of the judges. Any judge
having a different explanation shall enter it in the poll books
and subscribe to it.
(F) Put the unused ballots with stubs attached, and soiled and defaced ballots with stubs attached, in the envelopes or containers provided therefor, and certify the number.
The receiving officials shall deliver to and place in the
custody of the counting officials all the supplies provided for
the conduct of such that election and the ballots which that are to be
counted and tallied, and take a receipt for the same, which receipt
shall appear in and be a part of the poll books of such precinct.
Having performed their duties, the receiving officials shall
immediately depart.
Having receipted for the ballots, the counting officials shall proceed to count and tally the vote as cast in the manner prescribed by section 3505.27 of the Revised Code and certify the result of the election to the board of elections.
Sec. 3501.30. (A) The board of elections shall provide for
each polling place the necessary ballot boxes, official ballots,
cards of instructions, registration forms, pollbooks or poll
lists, tally sheets, forms on which to make summary statements,
writing implements, paper, and all other supplies
necessary for casting and
counting the ballots and recording the results of the voting at
the polling place. The pollbooks or poll lists shall have
certificates appropriately printed on them for the signatures of
all the precinct officials, by which they shall certify that, to
the best of their knowledge and belief, the pollbooks or poll
lists correctly show the names of all electors who voted in
the polling place at the election indicated in the pollbook pollbooks or poll list lists.
All of the following shall be included among the supplies provided to each polling place:
(1) A large map of each appropriate precinct, which shall be displayed prominently to assist persons who desire to register or vote on election day. Each map shall show all streets within the precinct and contain identifying symbols of the precinct in bold print.
(2) Any materials, postings, or instructions required to comply with state or federal laws;
(3) A flag of the United States approximately two and one-half feet in length along the top, which shall be displayed outside the entrance to the polling place during the time it is open for voting;
(4) Two or more small
flags of the United States approximately fifteen inches in length
along the top, which shall be placed at a distance
of one hundred feet from the polling place on the thoroughfares
or walkways leading to the polling place, to mark the distance
within which persons other than election officials, witnesses,
challengers observers, police officers, and electors waiting to mark,
marking, or casting their ballots shall not loiter, congregate,
or engage in any kind of election campaigning. Where small flags
cannot reasonably be placed one hundred feet from the polling
place, the presiding election judge shall place the flags as near
to one hundred feet from the entrance to the polling place as is
physically possible. Police officers and all election officials
shall see that this prohibition against loitering and
congregating is enforced.
When the period of time during which
the polling place is open for voting expires, all of the flags
described in this division shall be taken into the polling place, and shall be returned to
the board together with all other election supplies
required to be delivered to the board.
(B) The board of elections shall follow the instructions and advisories of the secretary of state in the production and use of polling place supplies.
Sec. 3501.33. All judges of election shall enforce peace
and good order in and about the place of registration or
election. They shall especially keep the place of access of the
electors to the polling place open and unobstructed and prevent
and stop any improper practices or attempts tending to obstruct,
intimidate, or interfere with any elector in registering or
voting. They shall protect challengers and witnesses observers against
molestation and violence in the performance of their duties, and
may eject from the polling place any such challenger or witness observer
for violation of any provision of Title XXXV of the Revised Code.
They shall prevent riots, violence, tumult, or the disorder. In
the discharge of these duties, they may call upon the sheriff,
police, or other peace officers to aid them in enforcing the law.
They may order the arrest of any person violating such title Title XXXV of the Revised Code, but
such an arrest shall not prevent such the person from registering or
voting if he the person is entitled to do so. The sheriff, all
constables, police officers, and other officers of the peace shall
immediately obey and aid in the enforcement of any lawful order
made by the precinct election officials in the enforcement of
such title Title XXXV of the Revised Code.
Sec. 3501.35. (A) During an election and the counting of the
ballots, no person shall loiter or do any of the following:
(1) Loiter, congregate, or engage in any kind of election campaigning within the area
between the polling place and the small flags of the United
States placed on the thoroughfares and walkways leading to the
polling place, and if the line of electors waiting to vote extends beyond those small flags, within ten feet of any elector in that line; in
(2) In any manner hinder or delay an elector in
reaching or leaving the place fixed for casting his the
elector's ballot; within such distance give,
(3) Give, tender, or exhibit any ballot
or ticket to any person other than his the elector's own ballot to the
judge of election within
the area between the polling place and the small flags of the United
States placed on the thoroughfares and walkways leading to the polling
place, and if the line of electors waiting to vote extends beyond those
small flags, within ten feet of any elector in that line; exhibit
(4) Exhibit any ticket or ballot which he the elector intends to cast; or solicit
(5) Solicit or in any manner attempt to influence
any elector in
casting his the elector's vote. No
(B) Except as otherwise provided in division (C) of section 3503.23 of the Revised Code, no person, who is not an election
official, employee, witness, challenger observer, or police officer, shall be allowed
to enter the polling place during the election, except for the purpose of
voting or assisting another person to vote as provided in section 3505.24 of the Revised Code. No
(C) No more electors shall be allowed to approach the voting
shelves at any time than there are voting shelves provided. The
(D) The judges of election and the police officer shall strictly enforce the observance of this section.
Sec. 3501.38. All declarations of candidacy, nominating petitions, or other petitions presented to or filed with the secretary of state or a board of elections or with any other public office for the purpose of becoming a candidate for any nomination or office or for the holding of an election on any issue shall, in addition to meeting the other specific requirements prescribed in the sections of the Revised Code relating to them, be governed by the following rules:
(A) Only electors qualified to vote on the candidacy or issue which is the subject of the petition shall sign a petition. Each signer shall be a registered elector pursuant to section 3503.11 of the Revised Code. The facts of qualification shall be determined as of the date when the petition is filed.
(B) Signatures shall be affixed in ink. Each signer may also print the signer's name, so as to clearly identify the signer's signature.
(C) Each signer shall place on the petition after the signer's name the date of signing and the location of the signer's voting residence, including the street and number if in a municipal corporation or the rural route number, post office address, or township if outside a municipal corporation. The voting address given on the petition shall be the address appearing in the registration records at the board of elections.
(D) No Except as otherwise provided in section 3501.382 of the Revised Code, no person shall write any name other than
the
person's
own on any petition. No Except as otherwise provided in section 3501.382 of the Revised Code, no person may authorize another to
sign for
the person. If a petition contains the signature
of an elector
two
or more
times, only the first
signature
shall be counted.
(E)(1) On each petition paper, the circulator shall indicate
the number of signatures contained
on it, and shall sign a
statement made under penalty of election falsification that
the
circulator witnessed the affixing of every signature, that all
signers
were to the best of
the circulator's knowledge and
belief
qualified to sign, and that every signature is to the best
of
the
circulator's knowledge and belief the signature of the
person
whose
signature it purports to be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code. On the circulator's statement for a declaration of candidacy, or nominating petition, or declaration of intent to be a write-in candidate
for a person seeking to become a statewide candidate or for a statewide
initiative or a statewide referendum petition, the circulator shall
identify the circulator's name, the address of the circulator's permanent resident, and the name and address of the person employing the circulator to circulate the petition, if any.
(2) As used in division (E) of this section, "statewide candidate" means the joint candidates for the offices of governor and lieutenant governor or a candidate for the office of secretary of state, auditor of state, treasurer of state, or attorney general.
(F) If Except as otherwise provided in section 3501.382 of the Revised Code, if a circulator knowingly permits an unqualified
person
to sign a petition paper or permits a person to write a
name other
than
the person's own on a petition paper, that
petition paper
is
invalid; otherwise, the signature of a person not qualified
to
sign shall be rejected but shall not invalidate the other valid
signatures
on the paper.
(G) The circulator of a petition may, before filing it in a public office, strike from it any signature the circulator does not wish to present as a part of the petition.
(H) Any signer of a petition or an attorney in fact acting pursuant to section 3501.382 of the Revised Code on behalf of a signer may remove the signer's signature from that petition at any time before the petition is filed in a public office by striking the signer's name from the petition; no signature may be removed after the petition is filed in any public office.
(I)(1) No alterations, corrections, or additions may be made to a petition after it is filed in a public office.
(2) No petition may be withdrawn after it is filed in a public office. Nothing in this division prohibits a person from withdrawing as a candidate as otherwise provided by law.
(J) All declarations of candidacy, nominating petitions, or other petitions under this section shall be accompanied by the following statement in boldface capital letters: WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
(K) All separate petition papers shall be filed at the same time, as one instrument.
(L) If a board of elections distributes for use a petition form for a declaration of candidacy, nominating petition, declaration of intent to be a write-in candidate,
or any type of question or issue petition that does not satisfy the
requirements of law as of the date of that distribution, the board
shall not invalidate the petition on the basis that the petition form
does not satisfy the requirements of law, if the petition otherwise is
valid. Division (L) of this section applies only if the candidate
received the petition from the board within ninety days of when the
petition is required to be filed.
Sec. 3501.382. (A)(1) A registered voter who, by reason of disability, is unable to physically sign the voter's name as a candidate, signer, or circulator on a declaration of candidacy and petition, nominating petition, other petition, or other document under Title XXXV of the Revised Code may authorize a legally competent resident of this state who is eighteen years of age or older as an attorney in fact to sign that voter's name to the petition or other election document, at the voter's direction and in the voter's presence, in accordance with either of the following procedures:
(a) The voter may file with the board of elections of the voter's county of residence a notarized form that includes or has attached all of the following:
(i) The name of the voter who is authorizing an attorney in fact to sign petitions or other election documents on that voter's behalf, at the voter's direction and in the voter's presence;
(ii) An attestation of the voter that the voter, by reason of disability, is unable to sign physically petitions or other election documents and that the voter desires the attorney in fact to sign them on the voter's behalf, at the direction of the voter and in the voter's presence;
(iii) The name, residence address, date of birth, and, if applicable, Ohio supreme court registration number of the attorney in fact authorized to sign on the voter's behalf, at the voter's direction and in the voter's presence. A photocopy of the attorney in fact's driver's license or state identification card issued under section 4507.50 of the Revised Code shall be attached to the notarized form.
(iv) The form of the signature that the attorney in fact will use in signing petitions or other election documents on the voter's behalf, at the voter's direction and in the voter's presence.
(b) The voter may acknowledge, before an election official, and file with the board of elections of the voter's county of residence a form that includes or has attached all of the following:
(i) The name of the voter who is authorizing an attorney in fact to sign petitions or other election documents on that voter's behalf, at the voter's direction and in the voter's presence;
(ii) An attestation of the voter that the voter, by reason of disability, is physically unable to sign petitions or other election documents and that the voter desires the attorney in fact to sign them on the voter's behalf, at the direction of the voter and in the voter's presence;
(iii) An attestation from a licensed physician that the voter is disabled and, by reason of that disability, is physically unable to sign petitions or other election documents;
(iv) The name, residence address, date of birth, and, if applicable, Ohio supreme court registration number of the attorney in fact authorized to sign on the voter's behalf, at the voter's direction and in the voter's presence. A photocopy of the attorney in fact's driver's license or state identification card issued under section 4507.50 of the Revised Code shall be attached to the notarized form.
(v) The form of the signature that the attorney in fact will use in signing petitions or other election documents on the voter's behalf, at the voter's direction and in the voter's presence.
(2) In addition to performing customary notarial acts with respect to the power of attorney form described in division (A)(1)(a) of this section, the notary public shall acknowledge that the voter in question affirmed in the presence of the notary public the information listed in divisions (A)(1)(a)(i), (ii), and (iii) of this section. A notary public shall not perform any notarial acts with respect to such a power of attorney form unless the voter first gives such an affirmation. Only a notary public satisfying the requirements of section 147.01 of the Revised Code may perform notarial acts with respect to such a power of attorney form.
(B) A board of elections that receives a form under division (A)(1) of this section from a voter shall do both of the following:
(1) Use the signature provided in accordance with division (A)(1)(a)(iv) or (A)(1)(b)(v) of this section for the purpose of verifying the voter's signature on all declarations of candidacy and petitions, nominating petitions, other petitions, or other documents signed by that voter under Title XXXV of the Revised Code;
(2) Cause the poll list or signature pollbook for the relevant precinct to identify the voter in question as having authorized an attorney in fact to sign petitions or other election documents on the voter's behalf, at the voter's direction and in the voter's presence.
(C) Notwithstanding division (D) of section 3501.38 or any other provision of the Revised Code to the contrary, an attorney in fact authorized to sign petitions or other election documents on a disabled voter's behalf, at the direction of and in the presence of that voter, in accordance with division (A) of this section may sign that voter's name to any petition or other election document under Title XXXV of the Revised Code after the power of attorney has been filed with the board of elections in accordance with division (A)(1) of this section. The signature shall be deemed to be that of the disabled voter, and the voter shall be deemed to be the signer.
(D)(1) Notwithstanding division (F) of section 3501.38 or any other provision of the Revised Code to the contrary, the circulator of a petition may knowingly permit an attorney in fact to sign the petition on a disabled voter's behalf, at the direction of and in the presence of that voter, in accordance with division (A)(1) of this section.
(2) Notwithstanding division (F) of section 3501.38 or any other provision of the Revised Code to the contrary, no petition paper shall be invalidated on the ground that the circulator knowingly permitted an attorney in fact to write a name other than the attorney in fact's own name on a petition paper, if that attorney in fact signed the petition on a disabled voter's behalf, at the direction of and in the presence of that voter, in accordance with division (C) of this section.
(E) The secretary of state shall prescribe the form and content of the form for the power of attorney prescribed under division (A)(1) of this section and also shall prescribe the form and content of a distinct form to revoke such a power of attorney.
(F) As used in this section, "unable to physically sign" means that the person with a disability cannot comply with the provisions of section 3501.011 of the Revised Code. A person is not "unable to physically sign" if the person is able to comply with section 3501.011 through reasonable accommodation, including the use of assistive technology or augmentative devices.
Sec. 3501.39. (A) The secretary of state or a board of elections shall accept any petition described in section 3501.38 of the Revised Code unless one of the following occurs:
(1) A written protest against the petition or candidacy, naming specific objections, is filed, a hearing is held, and a determination is made by the election officials with whom the protest is filed that the petition is invalid, in accordance with any section of the Revised Code providing a protest procedure.
(2) A written protest against the petition or candidacy, naming specific objections, is filed, a hearing is held, and a determination is made by the election officials with whom the protest is filed that the petition violates any requirement established by law.
(3) The candidate's candidacy or the petition violates the requirements of this chapter, Chapter 3513. of the Revised Code, or any other requirements established by law.
(B) Except as otherwise provided in division (C) of this section or section 3513.052 of the Revised Code, a board of elections shall not invalidate any declaration of candidacy or nominating petition under division (A)(3) of this section after the fiftieth day prior to the election at which the candidate seeks nomination to office, if the candidate filed a declaration of candidacy, or election to office, if the candidate filed a nominating petition.
(C)(1) If a petition is filed for the nomination or election of a candidate in a charter municipal corporation with a filing deadline that occurs after the seventy-fifth day before the day of the election, a board of elections may invalidate the petition within fifteen days after the date of that filing deadline.
(2) If a petition for the nomination or election of a candidate is invalidated under division (C)(1) of this section, that person's name shall not appear on the ballots for any office for which the person's petition has been invalidated. If the ballots have already been prepared, the board of elections shall remove the name of that person from the ballots to the extent practicable in the time remaining before the election. If the name is not removed from the ballots before the day of the election, the votes for that person are void and shall not be counted.
Sec. 3501.90. (A) As used in this section:
(1) "Harassment in violation of the election law" means either of the following:
(a) Any of the following types of conduct in or about a polling place or a place of registration or election: obstructing access of an elector to a polling place; another improper practice or attempt tending to obstruct, intimidate, or interfere with an elector in registering or voting at a place of registration or election; molesting or otherwise engaging in violence against observers in the performance of their duties at a place of registration or election; or participating in a riot, violence, tumult, or disorder in and about a place of registration or election;
(b) A violation of division (A)(1), (2), (3), or (5) or division (B) of section 3501.35 of the Revised Code.
(2) "Person" has the same meaning as in division (C) of section 1.59 of the Revised Code and also includes any organization that is not otherwise covered by that division.
(3) "Trier of fact" means the jury or, in a nonjury action, the court.
(B) An elector who has experienced harassment in violation of the election law has a cause of action against each person that committed the harassment in violation of the election law. In any civil action based on this cause of action, the elector may seek a declaratory judgment, an injunction, or other appropriate equitable relief. The civil action may be commenced by an elector who has experienced harassment in violation of the election law either alone or as a party to a class action under Civil Rule 23.
(C)(1) In addition to the equitable relief authorized by division (B) of this section, an elector who has experienced harassment in violation of the election law may be entitled to relief under division (C)(2) or (3) of this section.
(2) If the harassment in violation of the election law involved intentional or reckless threatening or causing of bodily harm to the elector while the elector was attempting to register to vote, to obtain an absent voter's ballot, or to vote, the elector may seek, in a civil action based on the cause of action created by division (B) of this section, monetary damages as prescribed in this division. The civil action may be commenced by the elector who has experienced harassment in violation of the election law either alone or as a party to a class action under Civil Rule 23. Upon proof by a preponderance of the evidence in the civil action that the harassment in violation of the election law involved intentional or reckless threatening or causing of bodily harm to the elector, the trier of fact shall award the elector the greater of three times of the amount of the elector's actual damages or one thousand dollars. The court also shall award a prevailing elector reasonable attorney's fees and court costs.
(3) Whether a civil action on the cause of action created by division (B) of this section is commenced by an elector who has experienced harassment in violation of the election law alone or as a party to a class action under Civil Rule 23, if the defendant in the action is an organization that has previously been determined in a court of this state to have engaged in harassment in violation of the election law, the elector may seek an order of the court granting any of the following forms of relief upon proof by a preponderance of the evidence:
(a) Divestiture of the organization's interest in any enterprise or in any real property;
(b) Reasonable restrictions upon the future activities or investments of the organization, including, but not limited to, prohibiting the organization from engaging in any harassment in violation of the election law;
(c) The dissolution or reorganization of the organization;
(d) The suspension or revocation of any license, permit, or prior approval granted to the organization by any state agency;
(e) The revocation of the organization's authorization to do business in this state if the organization is a foreign corporation or other form of foreign entity.
(D) It shall not be a defense in a civil action based on the cause of action created by division (B) of this section, whether commenced by an elector who has experienced harassment in violation of the election law alone or as a party to a class action under Civil Rule 23, that no criminal prosecution was commenced or conviction obtained in connection with the conduct alleged to be the basis of the civil action.
(E) In a civil action based on the cause of action created by division (B) of this section, whether commenced by an elector who has experienced harassment in violation of the election law alone or as a party to a class action under Civil Rule 23, the elector may name as defendants each individual who engaged in conduct constituting harassment in violation of the election law as well as any person that employs, sponsors, or uses as an agent any such individual or that has organized a common scheme to cause harassment in violation of the election law.
Sec. 3503.02. All registrars and judges of elections, in determining the residence of a person offering to register or vote, shall be governed by the following rules:
(A) That place shall be considered the residence of a person in which the person's habitation is fixed and to which, whenever the person is absent, the person has the intention of returning.
(B) A person shall not be considered to have lost the person's residence who leaves the person's home and goes into another state or county of this state, for temporary purposes only, with the intention of returning.
(C) A person shall not be considered to have gained a residence in any county of this state into which the person comes for temporary purposes only, without the intention of making such county the permanent place of abode.
(D) The place where the family of a married man or woman person
resides shall be considered to be his or her the person's place
of residence; except that when the husband and wife spouses have
separated and live apart, the place where he or she such a
spouse resides the length of time required to entitle a person to vote
shall be considered to be his or her the spouse's place of
residence.
(E) If a person removes to another state with the intention of making such state the person's residence, the person shall be considered to have lost the person's residence in this state.
(F) Except as otherwise provided in division (G) of this section, if a person removes from this state and continuously resides outside this state for a period of four years or more, the person shall be considered to have lost the person's residence in this state, notwithstanding the fact that the person may entertain an intention to return at some future period.
(G) If a person removes from this state to engage in the services of the United States government, the person shall not be considered to have lost the person's residence in this state during the period of such service, and likewise should the person enter the employment of the state, the place where such person resided at the time of the person's removal shall be considered to be the person's place of residence.
(H) If a person goes into another state and while there exercises the right of a citizen by voting, the person shall be considered to have lost the person's residence in this state.
(I) If a person does not have a fixed place of habitation, but has a shelter or other location at which the person has been a consistent or regular inhabitant and to which the person has the intention of returning, that shelter or other location shall be deemed the person's residence for the purpose of registering to vote.
Sec. 3503.06. (A) No person shall be entitled to vote at any election, or to sign
or circulate any declaration of candidacy or any nominating, initiative,
referendum, or
recall petition, unless the person is registered as an
elector and will have
resided in the county and precinct where the person is registered for at least
thirty days at the time of the next election.
(B)(1) No person shall be entitled to circulate any initiative or referendum petition unless the person is a resident of this state.
(2) All election officials, in determining the residence of a person circulating a petition under division (B)(1) of this section, shall be governed by the following rules:
(a) That place shall be considered the residence of a person in which the person's habitation is fixed and to which, whenever the person is absent, the person has the intention of returning.
(b) A person shall not be considered to have lost the person's residence who leaves the person's home and goes into another state for temporary purposes only, with the intention of returning.
(c) A person shall not be considered to have gained a residence in any county of this state into which the person comes for temporary purposes only, without the intention of making that county the permanent place of abode.
(d) If a person removes to another state with the intention of making that state the person's residence, the person shall be considered to have lost the person's residence in this state.
(e) Except as otherwise provided in division (B)(2)(f) of this section, if a person removes from this state and continuously resides outside this state for a period of four years or more, the person shall be considered to have lost the person's residence in this state, notwithstanding the fact that the person may entertain an intention to return at some future period.
(f) If a person removes from this state to engage in the services of the United States government, the person shall not be considered to have lost the person's residence in this state during the period of that service, and likewise should the person enter the employment of the state, the place where that person resided at the time of the person's removal shall be considered to be the person's place of residence.
(g) If a person goes into another state and, while there, exercises the right of a citizen by voting, the person shall be considered to have lost the person's residence in this state.
(C) No person shall be entitled to sign any initiative or referendum petition unless the person is registered as an elector and will have resided in the county and precinct where the person is registered for at least thirty days at the time of the next election.
Sec. 3503.11. When any person applies for a driver's
license, commercial driver's license, a state of Ohio
identification card issued under section 4507.50 of the Revised
Code, or motorcycle operator's license or endorsement, or the
renewal or duplicate of any license or endorsement under Chapter
4506. or 4507. of the Revised Code, the registrar of motor
vehicles or deputy registrar shall offer the applicant the
opportunity to register to vote or to update his or her the
applicant's voter
registration. The registrar of motor vehicles or deputy registrar also
shall make available to all other customers voter registration applications or and
change of residence or and change of name applications, forms, but is not required to
offer assistance to these customers in completing the a voter registration
application or other form.
The registrar or deputy registrar shall send any completed
registration application or any completed change of residence and or change of
name notice form to the board of elections of the county in which the
office of the registrar or deputy registrar is located, within
five days after accepting the application or notice other form.
The registrar shall collect from each deputy registrar
through the reports filed under division (J) of section 4503.03
of the Revised Code and transmit to the secretary of state
information on the number of voter registration applications and
change of residence or change of name notices forms completed or
declined, and any additional information required by the
secretary of state to comply with the National Voter Registration
Act of 1993. No information relating to an applicant's decision
to decline to register or update his or her the applicant's
voter registration at the
office of the registrar or deputy registrar may be used for any
purpose other than voter registration record-keeping required by
the secretary of state, and all such information shall be kept
confidential.
The secretary of state shall prescribe voter registration
applications and change of residence and change of name notices forms
for use by the bureau of motor vehicles. The bureau of motor
vehicles shall supply all of its deputy registrars with a
sufficient number of voter registration applications and change
of residence and change of name notices forms.
Sec. 3503.13. (A) Except as provided in division (C) of
this section, registration forms shall consist of original and
duplicate cards or loose-leaf pages as prescribed by the
secretary of state. When such registration forms have been
filled out and filed in the office of the board of elections, the
original forms shall be filed together in one file and the
duplicate forms shall be filed together in another file. Except
as otherwise provided in division (D) of this section, the
original forms shall be filed by precincts and shall constitute
the precinct register for use in polling places on election day.
The duplicate forms shall be filed alphabetically and shall
constitute the permanent office record of the board. It shall
not be removed from the office of the board except upon the order
of a court.
(B) Except as otherwise provided by state or federal law, the registration
records forms submitted by applicants and the
statewide voter registration database established under section 3503.15
of the Revised Code shall be open to public
inspection at all times when the office of the board of elections is open for
business, under such regulations as the board adopts, provided
that no person shall be permitted to inspect such records voter registration forms except
in the presence of an employee of the board.
(C) The board of elections of a county that adopts or has
adopted electronic data processing for the registration of
qualified electors of the county may use a single registration
form complying with the requirements of division (A) of this
section. The information contained on the form may be duplicated
on punch cards, magnetic tape, discs, diskettes, or such other
media as are compatible with the data processing system adopted
by the board and may constitute the permanent office record in
lieu of the duplicate registration card.
(D) Instead of using the original registration forms as
the precinct register in the polling places on election day as
provided in division (A) of this section, a
(B) A board of elections
that has adopted electronic data processing may use a legible
digitized signature list of voter signatures, copied from the
signatures on the registration forms in a form and manner
prescribed by the secretary of state, provided that the board
continues to record and maintain at the board office the
information obtained from the form prescribed under section 3503.14 includes
the required voter registration information in the statewide voter
registration database established under section 3503.15 of the
Revised Code,
and provided that the precinct election officials have computer
printouts at the polls containing any necessary information
specified by the secretary of state that would otherwise be
available to them on the registration forms prepared in the manner required under section 3503.23 of the Revised Code.
Sec. 3503.14. (A) The secretary of state shall prescribe the
form and content of the registration and, change of residence, and
change of name form forms used in this state. The form forms shall set forth
the eligibility requirements needed to qualify as an elector and
meet the requirements of the National Voter Registration Act of
1993 and shall include spaces for all of the following:
(1) The voter's name;
(2) The voter's address;
(3) The current date;
(4) The voter's date of birth;
(5) The voter to provide one or more of the following:
(a) The voter's driver's license number, if any;
(b) The last four digits of the voter's social security number, if any;
(c) A copy of a current and valid photo identification, a copy of a military identification that shows the voter's name and current address, or a copy of 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 address.
(6) The voter's signature. The
The registration form shall include a space on which the person registering an applicant shall sign the person's name and provide the person's address
and a space on which the person registering an applicant shall name the
employer who is employing that person to register the applicant. No election official or employee of a designated agency who is
Except for forms prescribed by the secretary of state under section 3503.11 of the Revised Code, the secretary of state shall permit boards of elections to produce forms that have subdivided spaces for each individual alphanumeric character of the information provided by the voter so as to accommodate the electronic reading and conversion of the voter's information to data and the subsequent electronic transfer of that data to the statewide voter registration database established under section 3503.15 of the Revised Code.
(B) None of the following persons who are registering an applicant in the course of that official's or employee's normal duties shall be required to sign the election official's or employee's person's name, provide the person's address, or to name the employer who is employing the election official or employee person to register an applicant on a form prepared under this section:
(1) An election official;
(2) A county treasurer;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(B) Any (C) Except as provided in section 3501.382 of the Revised Code, any applicant who is unable to sign the applicant's own name
shall make an
"X," if possible, which shall be certified by the signing of the
name of the applicant by the person filling out the
form, who shall add the person's own signature. If an
applicant is unable
to make an "X," the applicant shall indicate in some manner
that the applicant desires
to register to vote or to change the applicant's name or
residence. The
person registering the applicant shall sign the form and
attest that the applicant indicated that the applicant
desired to register
to vote or to change the applicant's name or residence.
(C)(D) No registration and, change of residence and, or
change of name form shall be rejected solely on the basis that a person
registering an applicant failed to sign the person's name or failed to
name the employer who is employing that person to register the
applicant as required under division (A) of this section.
(D)(E)
As used in this section, "registering an applicant" includes any
effort, for compensation, to provide voter registration forms or to
assist persons in completing or returning those forms or returning them to the board of elections, the office of the secretary of state, or another appropriate public office.
Sec. 3503.15. (A) The secretary of state shall establish and maintain a statewide voter registration database that shall be continuously available to each board of elections and to other agencies as authorized by law.
(B) The statewide voter registration database established under this section shall be the official list of registered voters for all elections conducted in this state.
(C) The statewide voter registration database established under this section shall, at a minimum, include all of the following:
(1) An electronic network that connects all board of elections offices with the office of the secretary of state and with the offices of all other boards of elections;
(2) A computer program that harmonizes the records contained in the database with records maintained by each board of elections;
(3) An interactive computer program that allows access to the records contained in the database by each board of elections and by any persons authorized by the secretary of state to add, delete, modify, or print database records, and to conduct updates of the database;
(4) A search program capable of verifying registered voters and their registration information by name, driver's license number, birth date, social security number, or current address;
(5) Safeguards and components to ensure that the integrity, security, and confidentiality of the voter registration information is maintained.
(D) The secretary of state shall adopt rules pursuant to Chapter 119. of the Revised Code doing all of the following:
(1) Specifying the manner in which existing voter registration records maintained by boards of elections shall be converted to electronic files for inclusion in the statewide voter registration database;
(2) Establishing a uniform method for entering voter registration records into the statewide voter registration database on an expedited basis, but not less than once per day, if new registration information is received;
(3) Establishing a uniform method for purging canceled voter registration records from the statewide voter registration database in accordance with section 3503.21 of the Revised Code;
(4) Specifying the persons authorized to add, delete, modify, or print records contained in the statewide voter registration database and to make updates of that database;
(5) Establishing a process for annually auditing the information contained in the statewide voter registration database.
(E) A board of elections promptly shall purge a voter's name and voter registration information from the statewide voter registration database in accordance with the rules adopted by the secretary of state under division (D)(3) of this section after the cancellation of a voter's registration under section 3503.21 of the Revised Code.
(F) The secretary of state shall provide training in the operation of the statewide voter registration database to each board of elections and to any persons authorized by the secretary of state to add, delete, modify, or print database records, and to conduct updates of the database.
(G)(1) The statewide voter registration database established under this section shall be made available on a web site of the office of the secretary of state as follows:
(a) Except as otherwise provided in division (G)(1)(b) of this section, only the following information from the statewide voter registration database regarding a registered voter shall be made available on the web site:
(i) The voter's name;
(ii) The voter's address;
(iii) The voter's precinct number;
(iv) The voter's voting history.
(b) During the thirty days before the day of a primary or general election, the web site interface of the statewide voter registration database shall permit a voter to search for the polling location at which that voter may cast a ballot.
(2) The secretary of state shall establish, by rule adopted under Chapter 119. of the Revised Code, a process for boards of elections to notify the secretary of state of changes in the locations of precinct polling places for the purpose of updating the information made available on the secretary of state's web site under division (G)(1)(b) of this section. Those rules shall require a board of elections, during the thirty days before the day of a primary or general election, to notify the secretary of state within one business day of any change to the location of a precinct polling place within the county.
(3) During the thirty days before the day of a primary or general election, not later than one business day after receiving a notification from a county pursuant to division (G)(2) of this section that the location of a precinct polling place has changed, the secretary of state shall update that information on the secretary of state's web site for the purpose of division (G)(1)(b) of this section.
Sec. 3503.16. (A) Whenever a registered elector changes the place of residence of that registered elector from one precinct to another within a county or from one county to another, or has a change of name, that registered elector shall report the change by delivering a change of residence or change of name form, whichever is appropriate, as prescribed by the secretary of state under section 3503.14 of the Revised Code to the state or local office of a designated agency, a public high school or vocational school, a public library, the office of the county treasurer, the office of the secretary of state, any office of the registrar or deputy registrar of motor vehicles, or any office of a board of elections in person or by a third person. Any voter registration, change of address, or change of name application, returned by mail, may be sent only to the secretary of state or the board of elections.
A registered elector also may update the registration of that registered elector by filing a change of residence or change of name form on the day of a special, primary, or general election at the polling place in the precinct in which that registered elector resides or at the board of elections or at another site designated by the board.
(B)(1)(a) Any registered elector who moves within a precinct or
changes the name of that registered elector and remains within a precinct on
or prior to the day of a general, primary, or special election and has not
filed a notice of change of residence or change of name, whichever is
appropriate, with the board of elections may vote in that election by going to
that registered elector's assigned polling place, completing and signing a
notice of change of residence or change of name, whichever is appropriate, showing
identification in the form of a current and valid photo identification,
a military identification that shows the voter's name and current
address, or a copy of 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 name and current address of the elector,and
casting a ballot. If
the elector provides either a driver's license or a state
identification card issued under section 4507.50 of the Revised Code
that does not contain the elector's current residence address, the
elector shall provide the last four digits of the elector's driver's
license number or state identification card number, and the precinct
election official shall mark the poll list or signature pollbook to
indicate that the elector has provided a driver's license or state
identification card number with a former address and record the last
four digits of the elector's driver's license number or state
identification card number.
(b) Any registered elector who changes the name of that registered elector and remains within a precinct on or prior to the day of a general, primary, or special election and has not filed a notice of change of name with the board of elections may vote in that election by going to that registered elector's assigned polling place, completing and signing a notice of a change of name, and casting a provisional ballot under section 3505.181 of the Revised Code.
(2) Any registered elector who moves from one precinct to another within a county or moves from one precinct to another and changes the name of that registered elector on or prior to the day of a general, primary, or special election and has not filed a notice of change of residence or change of name, whichever is appropriate, with the board of elections may vote in that election if that registered elector complies with division (G) of this section or does all of the following:
(a) Appears at anytime during
regular business hours
on or after the twenty-eighth day
prior to the
election in which that registered elector wishes to vote, or,
if the election is held
on the day of a presidential primary election, the twenty-fifth
day prior to the election, through noon of the Saturday prior to
the election or at the office of the board of elections, appears at any time during regular business hours on the Monday prior
to the election at the office of the board of elections, or
appears on the day of the election at either of the following
locations:
(i) The polling place in the precinct in which that registered elector resides;
(ii) The location designated by the board of elections, which
shall be the office of the board or another
appropriate site designated by the board in the county in which
that registered elector resides of
elections or, if pursuant to division (C) of section 3501.10 of the
Revised Code the board has designated another location in the county at
which registered electors may vote, at that other location instead of
the office of the board of elections.
(b) Completes and signs, under penalty of election
falsification, a notice of change of residence or change of name,
whichever is appropriate, and files it with election officials at
the polling place, at the office of the board of elections, or at
the site designated by the board or,
if pursuant to division (C) of section 3501.10 of the Revised Code the
board has designated another location in the county at which registered
electors may vote, at that other location instead of the office of the
board of elections, whichever is appropriate;
(c) Votes a provisional ballot under section 3505.181 of the Revised Code at the polling place, at the office of the board
of elections, or at the site designated by the board or,
if pursuant to division (C) of section 3501.10 of the Revised Code the
board has designated another location in the county at which registered
electors may vote, at that other location instead of the office of the
board of elections, whichever
is appropriate, by absent voter's ballots using the address to
which that registered elector has moved or
the name of that registered elector as changed, whichever is
appropriate;
(d) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector moved or had a change of name, whichever
is appropriate, on or prior to the day of the
election, has voted a provisional ballot at the polling place in the precinct in
which that registered elector resides, at the office of the
board of elections, or
at the site designated by the board or,
if pursuant to division (C) of section 3501.10 of the Revised Code the
board has designated another location in the county at which registered
electors may vote, at that other location instead of the office of the
board of elections, whichever is appropriate,
and will not vote or attempt to vote at any other
location for that particular election. The statement required
under division (B)(2)(d) of this section shall be included on
the
notice of change of residence or change of name, whichever is
appropriate, required under division (B)(2)(b) of this section.
(C) Any registered elector who moves from one county to another county within the state on or prior to the day of a general, primary, or special election and has not registered to vote in the county to which that registered elector moved may vote in that election if that registered elector complies with division (G) of this section or does all of the following:
(1) Appears at any time during regular
business
hours on or after the
twenty-eighth day prior to
the election in which that registered elector wishes to vote,
or, if the election is
held on the day of a presidential primary election, the
twenty-fifth day prior to the election, through noon of the
Saturday prior to the election or at
the office of the board of elections or, if pursuant to division (C) of
section 3501.10 of the Revised Code the board has designated another
location in the county at which registered electors may vote, at that
other location instead of the office of the board of elections, appears during regular business hours
on the Monday prior to the election at the office of the board of
elections or,
if pursuant to division (C) of section 3501.10 of the Revised Code the
board has designated another location in the county at which registered
electors may vote, at that other location instead of the office of the
board of elections, or appears on the day of the
election at the
location designated by the board of elections, which shall be
either the office of the board or another appropriate site
designated by the board in the county in which that registered
elector resides of
elections or, if pursuant to division (C) of section 3501.10 of the
Revised Code the board has designated another location in the county at
which registered electors may vote, at that other location instead of
the office of the board of elections;
(2) Completes and signs, under penalty of election
falsification, a notice of change of residence and files it with
election officials at the board or at the site designated by the
board, whichever is appropriate of
elections or, if pursuant to division (C) of section 3501.10 of the
Revised Code the board has designated another location in the county at
which registered electors may vote, at that other location instead of
the office of the board of elections;
(3) Votes a provisional ballot under section 3505.181 of the Revised Code at the office of the board of elections or at a
site designated by the board by absent voter's ballots or,
if pursuant to division (C) of section 3501.10 of the Revised Code the
board has designated another location in the county at which registered
electors may vote, at that other location instead of the office of the
board of elections, using the
address to which that registered elector has moved;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector has moved from one
county to another county within the state on or prior to the day
of the election, has voted at the office of the board of
elections or at the site designated by the board, whichever is
appropriate or,
if pursuant to division (C) of section 3501.10 of the Revised Code the
board has designated another location in the county at which registered
electors may vote, at that other location instead of the office of the
board of elections, and will not vote or attempt to vote at any
other location for that particular election. The statement
required under division (C)(4) of this section shall be included on
the notice of change of residence required under division (C)(2)
of this section.
(D) A person who votes by absent voter's ballots pursuant
to division (B), (C), or (G) of this
section shall not make written
application for the ballots pursuant to Chapter 3509. of the
Revised Code. Ballots cast pursuant to division (B),
(C), or (G) of
this section shall be set aside in a special envelope and counted
during the official canvass of votes in the manner provided for
in sections 3505.32 and 3509.06 of the Revised Code insofar as
that manner is applicable. The board shall examine the pollbooks
to verify that no ballot was cast at the polls or by absent voter's ballots
under Chapter 3509. or 3511. of the Revised Code by an elector who
has voted by absent voter's ballots pursuant to division (B),
(C), or (G) of this section. Any ballot determined to
be insufficient
for any of the reasons stated above or stated in section 3509.07
of the Revised Code shall not be counted.
A Subject to division (C) of section 3501.10 of the Revised Code, a board of elections may lease or otherwise acquire a site
different from the office of the board at which registered
electors may vote pursuant to division (B) or (C) of this
section.
(E) Upon receiving a change of residence or change of name form, the board of elections shall immediately send the registrant an acknowledgment notice. If the change of residence or change of name form is valid, the board shall update the voter's registration as appropriate. If that form is incomplete, the board shall inform the registrant in the acknowledgment notice specified in this division of the information necessary to complete or update that registrant's registration.
(F) Change of residence and change of name forms shall be available at each polling place, and when these forms are completed, noting changes of residence or name, as appropriate, they shall be filed with election officials at the polling place. Election officials shall return completed forms, together with the pollbooks and tally sheets, to the board of elections.
The board of elections shall provide change of residence and change of name forms to the probate court and court of common pleas. The court shall provide the forms to any person eighteen years of age or older who has a change of name by order of the court or who applies for a marriage license. The court shall forward all completed forms to the board of elections within five days after receiving them.
(G) A registered elector who otherwise would qualify to vote
under division (B) or (C) of this section but is unable to
appear at the office of the board or other location designated by the
board of
elections or, if pursuant to division (C) of section 3501.10 of the
Revised Code the board has designated another location in the county at
which registered electors may vote, at that other location, on account of personal illness, physical disability, or
infirmity, may vote on the day of the election if that registered elector does
all of the following:
(1) Makes a written application that includes all of the information required under section 3509.03 of the Revised Code to the appropriate board for an absent voter's ballot on or after the twenty-seventh day prior to the election in which the registered elector wishes to vote through noon of the Saturday prior to that election and requests that the absent voter's ballot be sent to the address to which the registered elector has moved if the registered elector has moved, or to the address of that registered elector who has not moved but has had a change of name;
(2) Declares that the registered elector has moved or had a change of
name, whichever is
appropriate, and otherwise is qualified to vote under the circumstances
described in division (B) or (C) of this section, whichever
is appropriate, but that the registered elector is unable to appear at the
board or other
location designated by the board of elections because of personal illness, physical
disability, or infirmity;
(3) Completes and returns along with the completed absent voter's ballot a notice of change of residence indicating the address to which the registered elector has moved, or a notice of change of name, whichever is appropriate;
(4) Completes and signs, under penalty of election falsification, a
statement attesting that the registered elector has moved or had a change of
name on or prior to the day before the election, has voted by absent voter's
ballot because
of personal illness, physical disability, or infirmity that prevented
the registered elector from appearing at the board or other location
designated by the board of elections, and will not vote or attempt to vote at any other
location or by absent voter's ballot mailed to any other location or address
for that particular election.
Sec. 3503.19. (A) Persons qualified to register or to
change their registration because of a change of address or
change of name may register or change their registration in
person at any state or local office of a designated agency, at
the office of the registrar or any deputy registrar of motor
vehicles, at a public high school or vocational
school, at a public library, at the office of a county treasurer,
or at a branch office established by
the board of elections, or in person, through another person, or
by mail at the office of the secretary of state or at the office of a board
of elections. A registered elector may also change the
elector's registration on election day at any polling place where the
elector is eligible to vote,
on election day in the manner provided under section 3503.16 of the Revised Code.
Any state or local office of a designated agency, the office of the registrar or any deputy registrar of motor vehicles, a public high school or vocational school, a public library, or the office of a county treasurer shall transmit any voter registration application or change of registration form that it receives to the board of elections of the county in which the state or local office is located, within five days after receiving the voter registration application or change of registration form.
An otherwise valid voter registration application that is returned to the appropriate office other than by mail must be received by a state or local office of a designated agency, the office of the registrar or any deputy registrar of motor vehicles, a public high school or vocational school, a public library, the office of a county treasurer, the office of the secretary of state, or the office of a board of elections no later than the thirtieth day preceding a primary, special, or general election for the person to qualify as an elector eligible to vote at that election. An otherwise valid registration application received after that day entitles the elector to vote at all subsequent elections.
Any state or local office of a designated agency, the office of the registrar or any deputy registrar of motor vehicles, a public high school or vocational school, a public library, or the office of a county treasurer shall date stamp a registration application or change of name or change of address form it receives using a date stamp that does not disclose the identity of the state or local office that receives the registration.
Voter registration