XXXV
CHAPTER 3501
ELECTION PROCEDURE; ELECTION OFFICIALS
Section
3501.01. Definitions.
[3501.01.1] 3501.011."Sign" and "signature" defined; legal mark.
Time and Place of Elections.
3501.02. Time for holding
elections and certifying question or issue.
3501.03. Notice of elections; authority of board.
Supervision of Elections.
3501.04. Chief election officer.
3501.05. Duties and powers of secretary of state.
[3501.05.1]
3501.051.Voting by minors in simulated elections.
3501.06. Board of elections; vacancies.
3501.07. Party recommendations; appointment.
3501.08. Oath of office.
3501.09. Organization of board.
[3501.09.1]
3501.091.Replacement of chairman or director with member of opposite
party.
3501.10. Lease of offices;
bond issuance for construction of building; hours; branch offices.
3501.11. Duties of board.
3501.12. Compensation of members of boards of elections.
3501.13. Duties of director; oath; notice posted.
3501.14. Compensation of
director, deputy director, and employees.
[3501.14.1]
3501.141.Group insurance for employees and board members.
3501.15. Election officials as candidates.
3501.16. Removal or suspension from office.
[3501.16.1]
3501.161.Filling of vacancy with member of opposite party.
3501.17. Expenses and apportionment of costs.
3501.18. Division of subdivision into precincts; polling places.
3501.19. [Repealed]
3501.20. State or national home may be a precinct.
3501.21. Notice of change of precinct or polling place.
3501.22. Precinct election officials.
[3501.22.1]
3501.221.Appoint interpreters to assist non-English-speaking voters.
3501.23. Precinct officials at special elections.
3501.24, 3501.25 Repealed.
3501.26. Procedure when polls are closed.
3501.27. Qualifications of
precinct election officials and precinct registrars.
3501.28. Compensation of election officials.
Polling Places.
3501.29. Polling places.
3501.30. Supplies for polling places.
[3501.30.1]
3501.301.Contract for supplies other than ballots.
3501.31. Notice mailed to
election officials; delivery of supplies; oath of officials; vacancies.
3501.32. Opening and closing polls.
3501.33. Authority of precinct officers.
3501.34. Duty of police.
3501.35. No loitering near polls.
3501.36. Fee and mileage to
precinct official delivering or returning election supplies.
3501.37. Return of booths and other equipment.
3501.38. Declaration of
candidacy, nominating petition, and other petition requirements;
withdrawal of elector's name from petition.
[3501.38.1]
3501.381.Payor and payee statements concerning compensation for
supervising, managing, or otherwise organizing statewide petition
effort.
3501.39. Grounds for rejection of petition.
§ 3501.01. Definitions.
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 [3513.25.7] 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 [3701.13.2] 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.
HISTORY: GC § 4785-3; 113 v 307, § 3; 114 v 679; 122 v 325;
123 v 380; Bureau of Code Revision, 10-1-53; 133 v S 35 (Eff 10-30-69);
134 v S 460 (Eff 3-23-72); 135 v H 662 (Eff 9-27-74); 138 v H 1062 (Eff
3-23-81); 139 v H 235 (Eff 1-1-82); 140 v S 213 (Eff 10-13-83); 141 v S
185 (Eff 3-23-87); 142 v H 231 (Eff 10-5-87); 145 v S 150 (Eff
12-29-93); 145 v H 8 (Eff 6-8-94); 145 v S 300 (Eff 1-1-95); 146 v H 99
(Eff 8-22-95); 148 v H 157 (Eff 9-20-99); 148 v H 471 (Eff 7-1-2000);
149 v H 445. Eff 12-23-2002.
[§ 3501.01.1] § 3501.011. "Sign" and "signature" defined; legal mark.
(A) Except as otherwise provided in
divisions (B) and (C) of this section, and except as otherwise provided
in any section of Title XXXV of the Revised Code to the contrary, as
used in the sections of the Revised Code relating to elections and
political communications, whenever a person is required to sign or
affix a signature to a declaration of candidacy, nominating petition,
declaration of intent to be a write-in candidate, initiative petition,
referendum petition, recall petition, or any other kind of petition, or
to sign or affix a signature on any other document that is filed with
or transmitted to a board of elections or the office of the secretary
of state, "sign" or "signature" means that person's written,
cursive-style legal mark written in that person's own hand.
(B) For persons who do not use a
cursive-style legal mark during the course of their regular business
and legal affairs, "sign" or "signature" means that person's other
legal mark that the person uses during the course of that person's
regular business and legal affairs that is written in the person's own
hand.
(C) Any voter registration record
requiring a person's signature shall be signed using the person's legal
mark used in the person's regular business and legal affairs. For any
purpose described in division (A) of this section, the legal mark of a
registered elector shall be considered to be the mark of that elector
as it appears on the elector's voter registration record.
HISTORY: 150 v H 95, § 1, eff. 9-26-03.
——————————
TIME AND PLACE OF ELECTIONS
§ 3501.02. Time for holding elections and certifying question or issue.
General elections in the state and its political subdivisions shall be held as follows:
(A) For the election of electors of president
and vice-president of the United States, in the year of 1932 and every
four years thereafter;
(B) For the election of a member of the senate
of the United States, in the years 1932 and 1934, and every six years
after each of such years; except as otherwise provided for filling
vacancies;
(C) For the election of representatives in the
congress of the United States and of elective state and county officers
including elected members of the state board of education, in the
even-numbered years; except as otherwise provided for filling
vacancies;
(D) For municipal and township officers,
members of boards of education, judges and clerks of municipal courts,
in the odd-numbered years;
(E) Proposed constitutional amendments or
proposed measures submitted by the general assembly or by initiative or
referendum petitions to the voters of the state at large may be
submitted to the general election in any year occurring at least sixty
days, in case of a referendum, and ninety days, in the case of an
initiated measure, subsequent to the filing of the petitions therefor.
Proposed constitutional amendments submitted by the general assembly to
the voters of the state at large may be submitted at a special election
occurring on the day in any year specified by division (E) of section
3501.01 of the Revised Code for the holding of a primary election, when
a special election on that date is designated by the general assembly
in the resolution adopting the proposed constitutional amendment.
No special election shall be held on a day other than the day of a
general election, unless a law or charter provides otherwise, regarding
the submission of a question or issue to the voters of a county,
township, city, village, or school district.
(F) Any question or issue, except a candidacy,
to be voted upon at an election shall be certified, for placement upon
the ballot, to the board of elections not later than four p.m. of the
seventy-fifth day before the day of the election.
HISTORY: GC § 4785-4; 113 v 307, § 4; 114 v 679; Bureau of
Code Revision, 10-1-53; 126 v 655(692) (Eff 7-12-55); 129 v 582(791)
(Eff 1-10-61); 132 v H 934 (Eff 5-31-68); 135 v S 44 (Eff 9-11-73); 135
v H 662 (Eff 9-27-74); 136 v H 205 (Eff 1-1-76); 138 v H 1062 (Eff
3-23-81); 139 v H 235 (Eff 1-1-82); 140 v S 213 (Eff 10-13-83); 145 v S
150 (Eff 12-29-93); 146 v H 117 (Eff 9-29-95); 146 v H 99 (Eff
8-22-95); 148 v H 711. Eff 10-5-2000.
§ 3501.03. Notice of elections; authority of board.
At least ten days before the time for holding an election the board of
elections shall give public notice by a proclamation, posted in a
conspicuous place in the courthouse and city hall, or by one insertion
in a newspaper published in the county, but if no newspaper is
published in such county, then in a newspaper of general circulation
therein.
The board shall have authority to publicize information relative to registration or elections.
HISTORY: GC § 4785-5; 113 v 307, § 5; Bureau of Code Revision, 10-1-53; 125 v 713(734). Eff 1-1-54.
——————————
SUPERVISION OF ELECTIONS
§ 3501.04. Chief election officer.
The secretary of state is the chief election officer of the state, with
such powers and duties relating to the registration of voters and the
conduct of elections as are prescribed in Title XXXV [35] of the
Revised Code. He shall perform these duties, in addition to other
duties imposed upon him by law, without additional compensation.
HISTORY: GC § 4785-6; 113 v 307, § 6; Bureau of Code Revision. Eff 10-1-53.
§ 3501.05. Duties and powers of secretary of state.
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;
(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 [3599.03.1] 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 [3517.15.3] 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 to remove
ineligible voters from official registration lists by reason of change
of 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;
(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) 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 [35] 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.
HISTORY: GC § 4785-7; 113 v 307, § 7; 123 v 380; Bureau of
Code Revision, 10-1-53; 125 v 543 (Eff 10-21-53); 133 v S 20 (Eff
10-30-69); 137 v H 247 (Eff 3-15-79); 138 v H 1062 (Eff 3-23-81); 145 v
S 300 (Eff 1-1-95); 146 v H 99 (Eff 8-22-95); 146 v S 9 (Eff 8-24-95);
149 v H 5. Eff 8-28-2001; 150 v H 262, § 1, eff. 5-7-04.
[§ 3501.05.1] § 3501.051. Voting by minors in simulated elections.
(A) Notwithstanding any other section of
the Revised Code, the secretary of state may authorize, in one or more
precincts in one or more counties, a program allowing individuals under
the age of eighteen to enter the polling place and vote in a simulated
election held at the same time as a general election. Any individual
working in or supervising at a simulated election may enter the polling
place and remain within it during the entire period the polls are open.
(B) A program established under division (A) of this section shall require all of the following:
(1) That the
duties imposed on judges of election and peace officers under section
3501.33 of the Revised Code be performed by those judges and officers
in regard to simulated elections and all activities related to
simulated elections;
(2) That
volunteers provide the personnel necessary to conduct the simulated
election, except that employees of the secretary of state, employees or
members of boards of elections, and precinct election officials may aid
in operating the program to the extent permitted by the secretary of
state;
(3) That
individuals under the age of fourteen be accompanied to the simulated
election by an individual eighteen years of age or over;
(4) Any other
requirements the secretary of state considers necessary for the orderly
administration of the election process.
HISTORY: 144 v H 471. Eff 7-21-92.
§ 3501.06. Board of elections; vacancies.
There shall be in each county of the state a board of elections
consisting of four qualified electors of the county, who shall be
appointed by the secretary of state, as the secretary's
representatives, to serve for the term of four years. On the first day
of March in even-numbered years the secretary of state shall appoint
two of such board members, one of whom shall be from the political
party which cast the highest number of votes for the office of governor
at the most recent regular state election, and the other shall be from
the political party which cast the next highest number of votes for the
office of governor at such election. All vacancies filled for unexpired
terms and all appointments to new terms shall be made from the
political party to which the vacating or outgoing member belonged,
unless there is a third political party which cast a greater number of
votes in the state at the most recent regular state election for the
office of governor than did the party to which the retiring member
belonged, in which event the vacancy shall be filled from such third
party.
HISTORY: GC § 4785-8; 113 v 307, § 8; 114 v 679; 118 v 223;
Bureau of Code Revision (Eff 10-1-53); 146 v H 99. Eff 8-22-95.
§ 3501.07. Party recommendations; appointment.
At a meeting held not more than sixty nor less than fifteen days before
the expiration date of the term of office of a member of the board of
elections, or within fifteen days after a vacancy occurs in the board,
the county executive committee of the major political party entitled to
the appointment may make and file a recommendation with the secretary
of state for the appointment of a qualified elector. The secretary of
state shall appoint such elector, unless he has reason to believe that
the elector would not be a competent member of such board. In such
cases the secretary of state shall so state in writing to the chairman
of such county executive committee, with the reasons therefor, and such
committee may either recommend another elector or may apply for a writ
of mandamus to the supreme court to compel the secretary of state to
appoint the elector so recommended. In such action the burden of proof
to show the qualifications of the person so recommended shall be on the
committee making the recommendation. If no such recommendation is made,
the secretary of state shall make the appointment.
If a vacancy on the board of elections is to be filled by a minor or an
intermediate political party, authorized officials of that party may
within fifteen days after the vacancy occurs recommend a qualified
person to the secretary of state for appointment to such vacancy.
HISTORY: GC § 4785-9; 113 v 307, § 9; 118 v 223; 119 v 741;
123 v 380; Bureau of Code Revision, 10-1-53; 132 v H 64 (Eff 7-5-67);
134 v S 460. Eff 3-23-72.
§ 3501.08. Oath of office.
Before entering upon the duties of his office, each member of the board
of elections shall appear before a person authorized to administer
oaths and take and subscribe to an oath that he will support the
constitutions of the United States and of the state, will perform the
duties of the office to the best of his ability, will enforce the
election laws, and will protect and preserve the records and property
pertaining to elections. Such oath shall be filed with the clerk of the
court of common pleas of the county wherein the officer resides within
fifteen days from the date of appointment.
HISTORY: GC § 4785-12; 113 v 307, § 12; Bureau of Code Revision, 10-1-53; 125 v 713. Eff 1-1-54.
§ 3501.09. Organization of board.
Biennially, within five days after the appointments to the board of
elections are made by the secretary of state, the members of the board
shall meet and organize by selecting one of their number as
chairperson, who shall preside at all meetings. They shall, upon
careful consideration of each such person's qualifications, select a
resident elector of the county, other than a member of the board, as
director, and a resident elector of the county as deputy director. All
such officers shall continue in office, at the pleasure of the board,
for two years. The balloting for such officers shall commence on the
day of the convening and be taken until such organization is effected
or five ballots have been cast. The director shall first be selected by
the votes of at least three members. If, after five ballots, no person
is agreed upon as director, the names of all persons voted for on the
fifth ballot, together with the names of the board members who
nominated them, shall be certified to the secretary of state, who shall
designate therefrom one of such persons to serve as director, unless
the secretary of state has reason to believe that no person nominated
is qualified. In this case the secretary of state shall so state in
writing to the board, and the board shall nominate other persons, in
the manner in which the original persons were nominated, and select
from those nominated another person as director. If, after five
ballots, no person is agreed upon as director, the names of all persons
voted for on the fifth ballot, together with the names of the board
members who nominated them, shall be certified to the secretary of
state, who shall designate therefrom one of such nominees to serve as
director and another such nominee to serve as deputy director. If the
board fails to nominate another person as director, the office shall be
filled in accordance with the procedures of section 3501.16 of the
Revised Code.
The director and deputy director shall be of opposite political
parties, and each such officer shall have been nominated by a board
member of the political party to which he belongs, but the board may
decide by the affirmative vote of at least three members that the
services of a deputy director are unnecessary and such deputy director
then shall not be employed. After the selection of the director and
deputy director, the chairman shall be selected from the members of the
board of opposite politics to that of the director. If, upon the first
ballot, no person is agreed upon as chairman, the member of opposite
politics to the director having the shortest term to serve shall be
chairman, and shall preside at all meetings. When such organization is
perfected, the director shall forthwith report it to the secretary of
state.
HISTORY: GC § 4785-10; 113 v 307, § 10; 114 v 679; Bureau of
Code Revision, 10-1-53; 131 v 867 (Eff 11-1-65); 137 v S 125 (Eff
7-8-77); 138 v H 1062 (Eff 3-23-81); 146 v H 99. Eff 8-22-95.
[§ 3501.09.1] § 3501.091. Replacement of chairman or director with member of opposite party.
At any time after the organization of the board of elections is
perfected and reported to the secretary of state under section 3501.09
of the Revised Code, the board may decide by the affirmative vote of at
least three members to replace the board's present chairman or director
with a person belonging to the opposite political party from the one to
which the present officer belongs. After such a vote, the members of
the board shall reselect all officers of the board in accordance with
the procedures set forth in section 3501.09 of the Revised Code. An
officer selected through this process shall serve as an officer for the
remainder of the term for which the outgoing officer was selected to
serve as an officer. A reselection of officers under this section does
not increase or decrease the length of any person's term as a member of
the board. The director and deputy director shall be of opposite
political parties, and the chairman shall be selected from the members
of the board of opposite politics from those of the director.
HISTORY: 144 v S 8. Eff 5-21-91.
§ 3501.10. Lease of offices; bond issuance for construction of building; hours; branch offices.
(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.
HISTORY: GC § 4785-17; 113 v 307, § 17; Bureau of Code
Revision, 10-1-53; 127 v 741 (Eff 1-1-58); 129 v 558 (Eff 7-11-61); 135
v S 143 (Eff 5-24-74); 137 v S 125 (Eff 5-27-77); 141 v H 555 (Eff
2-26-86); 145 v H 143 (Eff 7-22-94); 146 v H 99 (Eff 8-22-95); 147 v H
215. Eff 6-30-97; 150 v H 262, § 1, eff. 5-7-04.
§ 3501.11. Duties of board.
Each board of elections shall exercise by a majority vote all powers
granted to the board by Title XXXV [35] 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 stalls and other required supplies;
(J) Investigate irregularities, nonperformance
of duties, or violations of Title XXXV [35] 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) Prepare and cause the following notice to
be displayed in a prominent location in every polling place:
"NOTICE
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."
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.
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, the board or other
designated site shall be considered a polling place for that day, and
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.
HISTORY: GC § 4785-13; 113 v 307, § 13; Bureau of Code
Revision, 10-1-53; 125 v 713 (Eff 1-1-54); 131 v 868 (Eff 9-1-65); 132
v H 1 (Eff 2-21-67); 137 v S 125 (Eff 5-27-77); 138 v H 1062 (Eff
3-23-81); 141 v H 555 (Eff 2-26-86); 145 v S 300 (Eff 1-1-95); 146 v H
99 (Eff 8-22-95); 147 v H 215 (Eff 6-30-97); 149 v H 5. Eff 8-28-2001.
§ 3501.12. Compensation of members of boards of elections.
The annual compensation of members of the board of elections shall be
determined on the basis of the population of the county according to
the next preceding federal census, and shall be paid monthly out of the
appropriations made to the board and upon vouchers or payrolls
certified by the chairperson, or a member of the board designated by
it, and countersigned by the director or in the director's absence by
the deputy director. Upon presentation of any such voucher or payroll,
the county auditor shall issue a warrant upon the county treasurer for
the amount thereof as in the case of vouchers or payrolls for county
offices and the treasurer shall pay such warrant.
(A) Except as provided in divisions (B) and
(C) of this section, the amount of annual compensation of members of
the board shall be as follows:
(1) Eighty-five
dollars for each full one thousand of the first one hundred thousand
population;
(2) Forty
dollars and fifty cents for each full one thousand of the second one
hundred thousand population;
(3) Twenty-two
dollars for each full one thousand of the third one hundred thousand
population;
(4) Six dollars
and seventy-five cents for each full one thousand above three hundred
thousand population.
(B) Except as provided in division (C) of this
section, the compensation of a member of the board shall not be less
than three thousand three hundred seventy-five dollars and shall not
exceed twenty thousand dollars annually.
(C) In calendar year 2001, the annual
compensation of each member of the board shall be computed after
increasing the dollar amounts specified in divisions (A) and (B) of
this section by three per cent.
(D) In calendar year 2002, the annual
compensation of each member of the board shall be computed after
increasing by three per cent the dollar amounts used to compute the
compensation of a member under division (C) of this section.
(E) In calendar year 2003 and thereafter, the
annual compensation of each member of the board shall be computed after
increasing by three per cent the dollar amounts used to compute the
compensation of a member under division (D) of this section.
For the purposes of this section, members of boards of elections shall
be deemed to be appointed and not elected, and therefore not subject to
Section 20 of Article II of the Ohio Constitution.
HISTORY: GC § 4785-18; 113 v 307, § 18; 122 v 325; 124 v 673;
Bureau of Code Revision, 10-1-53; 125 v 713; 126 v 205; 128 v 461 (Eff
10-23-59); 131 v 870 (Eff 11-4-65); 132 v S 517 (Eff 6-10-68); 136 v H
751 (Eff 2-29-76); 138 v H 1062 (Eff 3-23-81); 140 v H 897 (Eff
12-26-84); 146 v H 408 (Eff 5-8-96); 148 v H 712. Eff 12-8-2000.
§ 3501.13. Duties of director; oath; notice posted.
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 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 office and the proper conduct of elections as the
board determines.
Before entering upon the duties of his office, the director shall
subscribe to an oath that he will support the constitutions of the
United States and of this state, perform all the duties of the director
to the best of his ability, enforce the election laws, and preserve all
records, documents, and other property pertaining to the conduct of
elections placed in his custody.
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 [3599.16.1] of the
Revised Code."
HISTORY: GC § 4785-14; 113 v 307, § 14; Bureau of Code
Revision, 10-1-53; 137 v H 86 (Eff 8-26-77); 138 v H 1062 (Eff
3-23-81); 145 v S 300. Eff 1-1-95.
§ 3501.14. Compensation of director, deputy director, and employees.
The board of elections shall, by a vote of not less than three of its
members, fix the annual compensation of its director and deputy
director who are selected in accordance with section 3501.09 of the
Revised Code.
The board may, when necessary, appoint a deputy director, who shall not
be a member of the same political party of which the director is a
member, and other employees, prescribe their duties, and, by a vote of
not less than three of its members, fix their compensation.
The director, deputy director, and other employees of the board are not
public officers and shall serve, during their term of office, at the
discretion of the board. The board may summarily remove the director or
the deputy director by a vote of not less than three of its members and
may remove any other employee by a majority vote of its membership.
The deputy director and all other election officials shall take and
subscribe to the same oath for the faithful performance of their duties
as is required of the director of the board. The deputy director shall
have the same power as the director to administer oaths. The board may
also employ additional employees, when necessary, for part time only at
the prevailing rate of pay for such services.
A tie vote or disagreement in the board on the amount of compensation
to be paid to a director, deputy director, or any employee shall not be
submitted to the secretary of state.
HISTORY: GC § 4785-15; 113 v 307, § 15; 114 v 679; 120 v 611;
122 v 325; 123 v 546; 124 v 673; Bureau of Code Revision, 10-1-53; 138
v H 1062. Eff 3-23-81.
[§ 3501.14.1] § 3501.141. Group insurance for employees and board members.
(A) The board of elections of any county
may contract, purchase, or otherwise procure and pay all or any part of
the cost of group insurance policies that may provide benefits for
hospitalization, surgical care, major medical care, disability, dental
care, eye care, medical care, hearing aids, or prescription drugs, and
that may provide sickness and accident insurance, or group life
insurance, or a combination of any of the foregoing types of insurance
or coverage for the full-time employees of such board and their
immediate dependents, whether issued by an insurance company or a
health insuring corporation, duly authorized to do business in this
state. The authority granted under this division applies only when the
board of county commissioners, by resolution, denies coverage described
in this division to full-time employees of the board of elections.
(B) The board of elections of any
county, with the approval of the board of county commissioners, may
procure and pay all or any part of the cost of group hospitalization,
surgical, major medical, or sickness and accident insurance or a
combination of any of the foregoing types of insurance or coverage for
the members appointed to the board of elections under section 3501.06
of the Revised Code and their immediate dependents when each member's
term begins, whether issued by an insurance company or a health
insuring corporation, duly authorized to do business in this state.
HISTORY: 133 v S 388 (Eff 11-18-69); 134 v S 17 (Eff 11-17-71); 138 v S
190 (Eff 10-25-79); 142 v S 124 (Eff 10-1-87); 147 v S 67. Eff 6-4-97;
151 v H 66, § 101.01, eff. 9-29-05.
§ 3501.15. Election officials as candidates.
No person shall serve as a member, director, deputy director, or
employee of the board of elections who is a candidate for any office to
be filled at an election, except the office of delegate or alternate to
a convention, member of the board of directors of a county agricultural
society, presidential elector, or a member of a party committee. No
person who is a candidate for an office or position to be voted for by
the electors of a precinct, except for a candidate for county central
committee who is not opposed by any other candidate in that election
and precinct, shall serve as a precinct election officer in said
precinct.
HISTORY: GC § 4785-16; 113 v 307, § 16; 124 v 673 Bureau of
Code Revision, 10-1-53; 125 v 713(736) (Eff 1-1-54); 138 v H 1062 (Eff
3-23-81); 141 v H 555. Eff 2-26-86.
§ 3501.16. Removal or suspension from office.
The secretary of state may summarily remove or suspend any member of a
board of elections, or the director, deputy director, or any other
employee of the board, for neglect of duty, malfeasance, misfeasance,
or nonfeasance in office, for any willful violation of Title XXXV [35]
of the Revised Code, or for any other good and sufficient cause. Except
as otherwise provided in section 3501.161 [3501.16.1] of the Revised
Code, vacancies in the office of chairperson, director, or deputy
director shall be filled in the same manner as original selections are
made, from persons belonging to the same political party as that to
which the outgoing officer belonged. If those vacancies cannot be
filled in that manner, they shall be filled by the secretary of state.
HISTORY: GC § 4785-11; 113 v 307, § 11; Bureau of Code
Revision, 10-1-53; 138 v H 1062 (Eff 3-23-81); 144 v S 8 (Eff 5-21-91);
146 v H 99. Eff 8-22-95.
[§ 3501.16.1] § 3501.161. Filling of vacancy with member of opposite party.
The board may decide by the affirmative vote of at least three members
to fill a vacancy in the office of chairman or director with a person
belonging to the opposite political party from that to which the
outgoing officer belonged. After such a vote, the vacancy shall be
filled and all other officers shall be reselected in accordance with
the procedures set forth in section 3501.09 of the Revised Code. An
officer filling a vacancy and an officer who becomes or remains an
officer after the reselection shall serve as an officer for the
remainder of the term for which the outgoing officer was selected to
serve as an officer. A reselection of officers under this section does
not increase or decrease the length of any person's term as member of
the board. The director and deputy director shall be of opposite
political parties, and the chairman shall be selected from the members
of the board of opposite politics from those of the director.
HISTORY: 144 v S 8. Eff 5-21-91.
§ 3501.17. Expenses and apportionment of costs.
(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.
HISTORY: GC § 4785-20; 113 v 307, § 20; 114 v 679; Bureau of
Code Revision, 10-1-53; 125 v 713(737); 126 v 205; 127 v 741 (Eff
1-1-58); 132 v H 934 (Eff 5-31-68); 133 v H 1 (Eff 3-18-69); 135 v H
662 (Eff 9-27-74); 136 v S 158 (Eff 11-25-75); 138 v H 1062 (Eff
3-23-81); 140 v S 213 (Eff 10-13-83); 141 v H 555 (Eff 2-26-86); 141 v
S 185 (Eff 3-23-87); 142 v H 231 (Eff 10-5-87); 145 v S 150 (Eff
12-29-93); 147 v H 215. Eff 6-30-97; 151 v H 66, § 101.01, eff.
9-29-05; 151 v H 234, § 1, eff. 1-27-06.
§ 3501.18. Division of subdivision into precincts; polling places.
(A) The board of elections may divide a
political subdivision within its jurisdiction into precincts,
establish, define, divide, rearrange, and combine the several election
precincts within its jurisdiction, and change the location of the
polling place for each precinct when it is necessary to maintain the
requirements as to the number of voters in a precinct and to provide
for the convenience of the voters and the proper conduct of elections.
No change in the number of precincts or in precinct boundaries shall be
made during the twenty-five days immediately preceding a primary or
general election or between the first day of January and the day on
which the members of county central committees are elected in the years
in which those committees are elected. Except as otherwise provided in
division (C) of this section, each precinct shall contain a number of
electors, not to exceed one thousand four hundred, that the board of
elections determines to be a reasonable number after taking into
consideration the type and amount of available equipment, prior voter
turnout, the size and location of each selected polling place,
available parking, availability of an adequate number of poll workers,
and handicap accessibility and other accessibility to the polling
place.
If the board changes the boundaries of a
precinct after the filing of a local option election petition pursuant
to sections 4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code
that calls for a local option election to be held in that precinct, the
local option election shall be held in the area that constituted the
precinct at the time the local option petition was filed, regardless of
the change in the boundaries.
If the board changes the boundaries of a
precinct in order to meet the requirements of division (B)(1) of this
section in a manner that causes a member of a county central committee
to no longer qualify as a representative of an election precinct in the
county, of a ward of a city in the county, or of a township in the
county, the member shall continue to represent the precinct, ward, or
township for the remainder of the member's term, regardless of the
change in boundaries.
In an emergency, the board may provide more
than one polling place in a precinct. In order to provide for the
convenience of the voters, the board may locate polling places for
voting or registration outside the boundaries of precincts, provided
that the nearest public school or public building shall be used if the
board determines it to be available and suitable for use as a polling
place. Except in an emergency, no change in the number or location of
the polling places in a precinct shall be made during the twenty-five
days immediately preceding a primary or general election.
Electors who have failed to respond within
thirty days to any confirmation notice shall not be counted in
determining the size of any precinct under this section.
(B)
(1) Except
as otherwise provided in division (B)(2) of this section, a board of
elections shall determine all precinct boundaries using geographical
units used by the United States department of commerce, bureau of the
census, in reporting the decennial census of Ohio.
(2) The board of
elections may apply to the secretary of state for a waiver from the
requirement of division (B)(1) of this section when it is not feasible
to comply with that requirement because of unusual physical boundaries
or residential development practices that would cause unusual hardship
for voters. The board shall identify the affected precincts and census
units, explain the reason for the waiver request, and include a map
illustrating where the census units will be split because of the
requested waiver. If the secretary of state approves the waiver and so
notifies the board of elections in writing, the board may change a
precinct boundary as necessary under this section, notwithstanding the
requirement in division (B)(1) of this section.
(C) The board of elections may apply to
the secretary of state for a waiver from the requirement of division
(A) of this section regarding the number of electors in a precinct when
the use of geographical units used by the United States department of
commerce, bureau of the census, will cause a precinct to contain more
than one thousand four hundred electors. The board shall identify the
affected precincts and census units, explain the reason for the waiver
request, and include a map illustrating where census units will be
split because of the requested waiver. If the secretary of state
approves the waiver and so notifies the board of elections in writing,
the board may change a precinct boundary as necessary to meet the
requirements of division (B)(1) of this section.
HISTORY: GC § 4785-21; 113 v 307, § 21; Bureau of Code
Revision, 10-1-53; 125 v 713(738) (Eff 1-1-54); 129 v 1562 (Eff
8-25-61); 130 v 821 (Eff 1-1-64); 145 v H 143 (Eff 7-22-94); 145 v S
300 (Eff 1-1-95); 146 v H 99 (Eff 8-22-95); 148 v H 283. Eff 9-29-99;
150 v H 95, § 1, eff. 9-26-03.
§ 3501.19. Repealed.
Repealed, 125 v 713(801), § 2 [GC § 4785-22; 123 v 380; Bureau of Code Revision, 10-1-53]. Eff 1-1-54.
§ 3501.20. State or national home may be a precinct.
The lands used for a state or national home for disabled soldiers shall
constitute a separate election precinct, and, if necessary, may be
divided and rearranged within such limits as other precincts are
arranged and divided.
HISTORY: GC § 4785-23; 113 v 307, § 23; 114 v 679; Bureau of Code Revision. Eff 10-1-53.
§ 3501.21. Notice of change of precinct or polling place.
When the board of elections considers it necessary to change, divide,
or combine any precinct or to relocate a polling place, it shall
notify, prior to the next election, each of the registrants in the
precinct of the change by mail. On and after August 1, 2000, when the
board changes the boundaries of any precinct, it shall notify the
secretary of state of the change not later than forty-five days after
making the change.
HISTORY: GC § 4785-24; 113 v 307, § 24; 122 v 325; Bureau of
Code Revision, 10-1-53; 125 v 713(738) (Eff 1-1-54); 129 v 1562 (Eff
8-25-61); 136 v H 525 (Eff 5-31-76); 146 v H 99 (Eff 8-22-95); 148 v H
283. Eff 9-29-99.
§ 3501.22. Precinct election officials.
(A) On or before the fifteenth day of
September in each year, the board of elections by a majority vote
shall, after careful examination and investigation as to their
qualifications, appoint for each election precinct four, residents of
the county in which the precinct is located, as judges. Except as
otherwise provided in division (C) of this section, all judges of
election shall be qualified electors. The judges shall constitute the
election officers of the precinct. Not more than one-half of the total
number of judges shall be members of the same political party. The term
of such precinct officers shall be for one year. The board may, at any
time, designate any number of election officers, not more than one-half
of whom shall be members of the same political party, to perform their
duties at any precinct in any election. The board may appoint
additional officials, equally divided between the two major political
parties, when necessary to expedite voting.
Vacancies for unexpired terms shall be filled
by the board. When new precincts have been created, the board shall
appoint judges for those precincts for the unexpired term. Any judge
may be summarily removed from office at any time by the board for
neglect of duty, malfeasance, or misconduct in office or for any other
good and sufficient reason.
Precinct election officials shall perform all
of the duties provided by law for receiving the ballots and supplies,
opening and closing the polls, and overseeing the casting of ballots
during the time the polls are open, and any other duties required by
section 3501.26 of the Revised Code.
A board of elections may designate two
precinct election officials as counting officials to count and tally
the votes cast and certify the results of the election at each
precinct, and perform other duties as provided by law. To expedite the
counting of votes at each precinct, the board may appoint additional
officials, not more than one-half of whom shall be members of the same
political party.
The board shall designate one of the precinct
election officials who is a member of the dominant political party to
serve as a presiding judge, whose duty it is to deliver the returns of
the election and all supplies to the office of the board. For these
services the presiding judge shall receive additional compensation in
an amount, consistent with section 3501.28 of the Revised Code,
determined by the board of elections.
The board shall issue to each precinct
election official a certificate of appointment, which the official
shall present to the presiding judge at the time the polls are opened.
(B) If the board of elections determines
that not enough qualified electors in a precinct are available to serve
as precinct officers, it may appoint persons to serve as precinct
officers at a primary, special, or general election who are at least
seventeen years of age and are registered to vote in accordance with
section 3503.07 of the Revised Code.
(C)
(1) A
board of elections, in conjunction with the board of education of a
city, local, or exempted village school district, the governing
authority of a community school established under Chapter 3314. of the
Revised Code, or the chief administrator of a nonpublic school may
establish a program permitting certain high school students to apply
and, if appointed by the board of elections, to serve as precinct
officers at a primary, special, or general election.
In addition to the requirements established by
division (C)(2) of this section, a board of education, governing
authority, or chief administrator that establishes a program under this
division in conjunction with a board of elections may establish
additional criteria that students shall meet to be eligible to
participate in that program.
(2)
(a) To be eligible to participate in a program established under
division (C)(1) of this section, a student shall be a United States
citizen, a resident of the county, at least seventeen years of age, and
enrolled in the senior year of high school.
(b) Any student applying to participate in a program established under
division (C)(1) of this section, as part of the student's application
process, shall declare the student's political party affiliation with
the board of elections.
(3) No student
appointed as a precinct officer pursuant to a program established under
division (C)(1) of this section shall be designated as a presiding
judge.
(4) Any student
participating in a program established under division (C)(1) of this
section shall be excused for that student's absence from school on the
day of an election at which the student is serving as a precinct
officer.
(D) Not more than one precinct officer
in any given precinct shall be under eighteen years of age.
HISTORY: GC § 4785-25; 113 v 307, § 25; 114 v 679(684); 118 v
223; 120 v 648; Bureau of Code Revision, 10-1-53; 125 v 713(738) (Eff
1-1-54); 138 v H 1062 (Eff 3-23-81); 141 v H 555 (Eff 2-26-86); 146 v H
99 (Eff 8-22-95); 146 v H 215. Eff 10-17-96; 151 v H 234, § 1,
eff. 1-27-06.
[§ 3501.22.1] § 3501.221. Appoint interpreters to assist non-English-speaking voters.
(A) To encourage voting, a board of
elections may appoint persons who are fluent in a non-English language
to serve as interpreters to assist voters in certain election
precincts. If the board determines that the number of
non-English-speaking electors in a precinct indicates a need for an
interpreter and provision of an interpreter is feasible and practical
in terms of the number of such electors, the board may appoint an
interpreter for such precinct in the same manner as other precinct
election officials are appointed. A person appointed pursuant to this
section may only provide to voters such assistance in the non-English
language as may be provided by election officials to English speaking
voters. All requirements relating to the qualifications of election
officials apply to persons appointed under this section. Interpreters
shall complete a program of instruction as provided in section 3501.27
of the Revised Code and shall be compensated in the manner and amount
as provided by section 3501.28 of the Revised Code for other election
officials. A person appointed pursuant to this section may also serve
as a precinct election officer; such person shall be compensated as
though he served only in the capacity of an election official, and he
need not undergo a program of instruction a second time for the same
election unless required by the board.
(B) No person appointed under division
(A) of this section, while performing the duties of such office, shall:
(1) Wear any
badge, sign, or other insignia or thing indicating a preference for any
candidate or for any question submitted;
(2) Influence or
attempt to influence any voter to vote for or against any candidate or
issue submitted at such election.
(C) Whoever violates division (B) of
this section is guilty of a misdemeanor of the first degree.
HISTORY: 136 v H 5. Eff 7-25-75.
§ 3501.23. Precinct officials at special elections.
A board of elections shall, by the adoption of a resolution, provide
that, at any special election at which no candidates are to be elected,
or at any primary election when only one party primary is to be held
for the nomination of candidates for municipal office which is to be
held in its county, the precinct officials at any such election shall
consist of not more than four judges who shall perform all the duties
prescribed for the proper conduct of an election by precinct officials.
Such precinct officials shall be well qualified for the performance of
their duties and said precinct officials for any special election shall
be selected from among those regularly appointed under section 3501.22
of the Revised Code, but the precinct officials for any party primary
election shall be selected from among those regularly appointed under
such section, provided that such officials shall be equally divided
between the two major political parties.
HISTORY: GC § 4785-25a; 115 v Pt II 354; re-enacted, 116 v 13; 122
v 325; 123 v 693; Bureau of Code Revision, 10-1-53; 132 v S 79 (Eff
11-7-67); 135 v H 662 (Eff 9-27-74); 138 v H 141 (Eff 3-14-80); 138 v H
1062 (Eff 3-23-81); 141 v H 555. Eff 2-26-86.
§ 3501.24. Repealed.
Repealed, 146 v H 99, § 2 [GC §§ 4785-25b, 4785-25d; 116
v 253, §§ 1, 3; 122 v 325; 124 v 673, § 1; Bureau of
Code Revision, 10-1-53; 125 v 713(739); 131 v 870; 132 v H 1; 135 v H
662; 138 v H 141; 138 v H 1062; 141 v H 555]. Eff 8-22-95.
§ 3501.25. Repealed.
Repealed, 146 v H 99, § 2 [GC §§ 4785-25b, 4785-25d; 116
v 253, §§ 1, 3; 122 v 325; 124 v 673, § 1; Bureau of
Code Revision, 10-1-53; 125 v 713(739); 131 v 870; 132 v H 1; 135 v H
662; 138 v H 141; 138 v H 1062; 141 v H 555]. Eff 8-22-95.
§ 3501.26. Procedure when polls are closed.
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, 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 discrepancy, and such 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 election and the ballots which are to be counted and tallied, and
take a receipt for 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.
HISTORY: GC § 4785-25c; 116 v 253, § 2; Bureau of Code
Revision, 10-1-53; 125 v 713(740) (Eff 1-1-54); 138 v H 1062 (Eff
3-23-81); 141 v H 555. Eff 2-26-86.
§ 3501.27. Qualifications of precinct election officials and precinct registrars.
(A) All judges of election shall
complete a program of instruction pursuant to division (B) of this
section. No person who has been convicted of a felony or any violation
of the election laws, who is unable to read and write the English
language readily, or who is a candidate for an office to be voted for
by the voters of the precinct in which the person is to serve shall
serve as an election officer. A person when appointed as an election
officer shall receive from the board of elections a certificate of
appointment that may be revoked at any time by the board for good and
sufficient reasons. The certificate shall be in the form the board
prescribes and shall specify the precinct, ward, or district in and for
which the person to whom it is issued is appointed to serve, the date
of appointment, and the expiration of the person's term of service.
(B) Each board shall establish a program
as prescribed by the secretary of state for the instruction of election
officers in the rules, procedures, and law relating to elections. In
each program, the board shall use training materials prepared by the
secretary of state and may use additional materials prepared by or on
behalf of the board. The board may use the services of unpaid
volunteers in conducting its program and may reimburse those volunteers
for necessary and actual expenses incurred in participating in the
program.
The board shall train each new election
officer before the new officer participates in the first election in
that capacity. The board shall instruct election officials who have
been trained previously only when the board or secretary of state
considers that instruction necessary, but the board shall reinstruct
such persons, other than presiding judges, at least once in every three
years and shall reinstruct presiding judges before the primary election
in even-numbered years. The board shall schedule any program of
instruction within sixty days prior to the election in which the
officials to be trained will participate.
(C) The duties of a judge of an election
in each polling place shall be performed only by an individual who has
successfully completed the requirements of the program, unless such an
individual is unavailable after reasonable efforts to obtain such
services.
(D) The secretary of state shall
establish a program for the instruction of members of boards of
elections and employees of boards in the rules, procedures, and law
relating to elections. Each member and employee shall complete the
training program within six months after the member's or employee's
original appointment or employment, and thereafter each member and
employee shall complete a training program to update their knowledge
once every four years or more often as determined by the secretary of
state.
(E) The secretary of state shall
reimburse each county for the cost of programs established pursuant to
division (B) of this section, once the secretary of state has received
an itemized statement of expenses for such instruction programs from
the county. The itemized statement shall be in a form prescribed by the
secretary of state.
HISTORY: GC § 4785-26; 113 v 307, § 26; 114 v 679; 118 v 223;
Bureau of Code Revision, 10-1-53; 125 v 713(740) (Eff 1-1-54); 135 v H
662 (Eff 9-27-74); 136 v H 125 (Eff 11-28-75); 141 v H 238 (Eff
7-1-85); 141 v H 555. Eff 5-7-86; 151 v H 234, § 1, eff. 1-27-06.
§ 3501.28. Compensation of election officials.
(A) As used in this section:
(1) "Fair Labor
Standards Act" or "Act" means the "Fair Labor Standards Act of 1938,"
52 Stat. 1062, 29 U.S.C.A. 201, as amended.
(2) "Full
election day" means the period of time between the opening of the polls
and the completion of the procedures contained in section 3501.26 of
the Revised Code.
(3) "Services"
means services at each general, primary, or special election.
(B) Beginning with calendar year 1998,
each judge of an election in a county shall be paid for the judge's
services at the same hourly rate, which shall be not less than the
minimum hourly rate established by the Fair Labor Standards Act and not
more than eighty-five dollars per diem.
(C) Beginning with calendar year 2004,
each judge of an election in a county shall be paid for the judge's
services at the same hourly rate, which shall be not less than the
minimum hourly rate established by the Fair Labor Standards Act and not
more than ninety-five dollars per diem.
(D) The secretary of state shall
establish, by rule adopted under section 111.15 of the Revised Code,
the maximum amount of per diem compensation that may be paid to judges
of an election under this section each time the Fair Labor Standards
Act is amended to increase the minimum hourly rate established by the
act. Upon learning of such an increase, the secretary of state shall
determine by what percentage the minimum hourly rate has been increased
under the act and establish a new maximum amount of per diem
compensation that judges of an election may be paid under this section
that is increased by the same percentage that the minimum hourly rate
has been increased under the act.
(E)
(1)
(a) No board of elections shall increase the pay of a judge of an
election under this section during a calendar year unless the board has
given written notice of the proposed increase to the board of county
commissioners not later than the first day of October of the preceding
calendar year.
(b) Except as otherwise provided in division (E)(2) of this section, a
board of elections may increase the pay of a judge of an election
during a calendar year by up to, but not exceeding, nine per cent over
the compensation paid to a judge of an election in the county where the
board is located during the previous calendar year, if the compensation
so paid during the previous calendar year was eighty-five dollars or
less per diem.
(c) Except as otherwise provided in division (E)(2) of this section, a
board of elections may increase the pay of a judge of an election
during a calendar year by up to, but not exceeding, four and one-half
per cent over the compensation paid to a judge of an election in the
county where the board is located during the previous calendar year, if
the compensation so paid during the previous calendar year was more
than eighty-five but less than ninety-five dollars per diem.
(2) The board of
county commissioners may review and comment upon a proposed increase
and may enter into a written agreement with a board of elections to
permit an increase in the compensation paid to judges of an election
for their services during a calendar year that is greater than the
applicable percentage limitation described in division (E)(1)(b) or (c)
of this section.
(F) No judge of an election who works
less than the full election day shall be paid the maximum amount
allowed under this section or the maximum amount as set by the board of
elections, whichever is less.
(G)
(1) Except
as otherwise provided in divisions (G)(4) to (6) of this section, any
employee of the state or of any political subdivision of the state may
serve as a judge of elections on the day of an election without loss of
the employee's regular compensation for that day as follows:
(a) For employees of a county office, department, commission, board, or
other entity, or of a court of common pleas, county court, or
county-operated municipal court, as defined in section 1901.03 of the
Revised Code, the employee's appointing authority may permit leave with
pay for this service in accordance with a resolution setting forth the
terms and conditions for that leave passed by the board of county
commissioners.
(b) For all other employees of a political subdivision of the state,
leave with pay for this service shall be subject to the terms and
conditions set forth in an ordinance or a resolution passed by the
legislative authority of the applicable political subdivision.
(c) For state employees, leave with pay for this service shall be
subject to the terms and conditions set forth by the head of the state
agency, as defined in section 1.60 of the Revised Code, by which the
person is employed.
(2) Any terms
and conditions set forth by a board of county commissioners,
legislative authority of a political subdivision, or head of a state
agency under division (G)(1) of this section shall include a standard
procedure for deciding which employees are permitted to receive leave
with pay if multiple employees of an entity or court described in
division (G)(1)(a) of this section, of an entity of a political
subdivision described in division (G)(1)(b) of this section, or of a
state agency as defined in section 1.60 of the Revised Code apply to
serve as a judge of elections on the day of an election. This procedure
shall be applied uniformly to all similarly situated employees.
(3) Any employee
who is eligible for leave with pay under division (G)(1) of this
section shall receive, in addition to the employee's regular
compensation, the compensation paid to the judge of an election under
division (B), (C), or (D) of this section.
(4) Division
(G)(1) of this section does not apply to either of the following:
(a) Election officials;
(b) Public school teachers.
(5) Nothing in
division (G)(1) of this section supersedes or negates any provision of
a collective bargaining agreement in effect under Chapter 4117. of the
Revised Code.
(6) If a board
of county commissioners, legislative authority of a political
subdivision, or head of a state agency fails to set forth any terms and
conditions under division (G)(1) of this section, an employee of an
entity or court described in division (G)(1)(a) of this section, of an
entity of a political subdivision described in division (G)(1)(b) of
this section, or of a state agency as defined in section 1.60 of the
Revised Code may use personal leave, vacation leave, or compensatory
time, or take unpaid leave, to serve as a judge of elections on the day
of an election.
(H) The board of elections may withhold
the compensation of any precinct official for failure to obey the
instructions of the board or to comply with the law relating to the
duties of such precinct judge. Any payment a judge of an election is
entitled to receive under section 3501.36 of the Revised Code is in
addition to the compensation the judge is entitled to receive under
this section.
HISTORY: GC § 4785-28; 113 v 307(319), § 28; 114 v 679; 118 v
223; 122 v 325; 124 v 673; Bureau of Code Revision, 10-1-53; 125 v
713(741) (Eff 1-1-54); 130 v 822 (Eff 8-19-63); 131 v 871 (Eff
11-5-65); 135 v H 662 (Eff 9-27-74); 138 v H 141 (Eff 3-14-80); 138 v H
1062 (Eff 3-23-81); 141 v H 555 (Eff 2-26-86); 143 v H 245 (Eff
10-26-89); 147 v H 215. Eff 6-30-97; 150 v H 262, § 1, eff. 5-7-04.
——————————
POLLING PLACES
§ 3501.29. Polling places.
(A) The board of elections shall provide
for each precinct a polling place and provide adequate facilities at
each polling place for conducting the election. The board shall provide
a sufficient number of screened or curtained voting compartments to
which electors may retire and conveniently mark their ballots,
protected from the observation of others. Each voting compartment shall
be provided at all times with writing implements, instructions how to
vote, and other necessary conveniences for marking the ballot. The
presiding judge shall ensure that the voting compartments at all times
are adequately lighted and contain the necessary supplies. The board
shall utilize, in so far as practicable, rooms in public schools and
other public buildings for polling places. Upon application of the
board of elections, the authority which has the control of any building
or grounds supported by taxation under the laws of this state, shall
make available the necessary space therein for the purpose of holding
elections and adequate space for the storage of voting machines,
without charge for the use thereof. A reasonable sum may be paid for
necessary janitorial service. When polling places are established in
private buildings, the board may pay a reasonable rental therefor, and
also the cost of liability insurance covering the premises when used
for election purposes, or the board may purchase a single liability
policy covering the board and the owners of the premises when used for
election purposes. When removable buildings are supplied by the board,
they shall be constructed under the contract let to the lowest and best
bidder, and the board shall observe all ordinances and regulations then
in force as to safety. The board shall remove all such buildings from
streets and other public places within thirty days after an election,
unless another election is to be held within ninety days.
(B) The board shall assure that polling
places are free of barriers that would impede ingress and egress of
handicapped persons, that the entrances of polling places are level or
are provided with a nonskid ramp of not over eight per cent gradient,
and that doors are a minimum of thirty-two inches wide. Each county
shall comply with these requirements according to the following
timetable:
(1) At least
fifty per cent of the polling places in each county shall be in
compliance by November 1, 1980;
(2) At least
seventy-five per cent of the polling places in each county shall be in
compliance by November 1, 1981;
(3) All polling
places in each county shall be in compliance by November 1, 1982,
except those that are specifically exempted by the secretary of state
upon certification by a board of elections that a good faith, but
unsuccessful, effort has been made to modify, or change the location
of, such polling places.
(C) At any polling place that is not in
compliance with the requirements of division (B) of this section or is
exempted from compliance by the secretary of state, the board of
elections shall permit any handicapped elector who travels to that
elector's polling place, but who is unable to enter the polling place,
to vote, with the assistance of two polling place officials of major
political parties, in the vehicle that conveyed that elector to the
polling place, or to receive and cast that elector's ballot at the door
of the polling place.
(D) The secretary of state shall:
(1) Work with
other state agencies to facilitate the distribution of information and
technical assistance to boards of elections to meet the requirements of
division (B) of this section;
(2) Work with
organizations that represent or provide services to handicapped,
disabled, or elderly citizens to effect a wide dissemination of
information about the availability of absentee voting, voting in the
voter's vehicle or at the door of the polling place, or other election
services to handicapped, disabled, or elderly citizens.
(E) As used in this section,
"handicapped" means having lost the use of one or both legs, one or
both arms, or any combination thereof, or being blind or so severely
disabled as to be unable to move about without the aid of crutches or a
wheelchair.
HISTORY: GC § 4785-117; 113 v 307(360), § 117; 122 v
325(345); Bureau of Code Revision, 10-1-53; 125 v 713(741); 126 v 205;
127 v 741 (Eff 1-1-58); 133 v H 1148 (Eff 7-16-70); 136 v S 162 (Eff
7-23-76); 138 v S 225 (Eff 1-16-80); 146 v H 99. Eff 8-22-95.
§ 3501.30. Supplies for polling places.
(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 or poll list.
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, 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.
HISTORY: GC § 4785-118; 113 v 307(360), § 118; 114 v
679(694); 122 v 325(346); Bureau of Code Revision, 10-1-53; 125 v
713(741) (Eff 1-1-54); 137 v S 125 (Eff 5-27-77); 138 v H 1062 (Eff
3-23-81); 146 v H 99. Eff 8-22-95; 150 v H 95, § 1, eff. 9-26-03.
[§ 3501.30.1] § 3501.301. Contract for supplies other than ballots.
A contract involving a cost in excess of ten thousand dollars for
printing and furnishing supplies, other than the official ballots,
required in section 3501.30 of the Revised Code, shall not be let until
the board of elections has caused notice to be published once in a
newspaper of general circulation within the county or upon notice given
by mail, addressed to the responsible suppliers within the state. The
board of elections may require that each bid be accompanied by a bond,
with at least two individual sureties, or a surety company,
satisfactory to the board, in a sum double the amount of the bid,
conditioned upon the faithful performance of the contract awarded and
for the payment as damages by such bidder to the board of any excess of
cost over the bid which it may be required to pay for such work by
reason of the failure of the bidder to complete the contract. The
contract shall be let to the lowest and best bidder.
HISTORY: 132 v H 428 (Eff 12-9-67); 139 v H 598 (Eff 5-13-82); 141 v H 47. Eff 9-23-85.
§ 3501.31. Notice mailed to election officials; delivery of supplies; oath of officials; vacancies.
The board of elections shall mail to each precinct election official
notice of the date, hours, and place of holding each election in the
official's respective precinct at which it desires the official to
serve. Each of such officials shall notify the board immediately upon
receipt of such notice of any inability to serve.
The election official designated as presiding judge under section
3501.22 of the Revised Code shall call at the office of the board at
such time before the day of the election, not earlier than the tenth
day before the day of the election, as the board designates to obtain
the ballots, pollbooks, registration forms and lists, and other
material to be used in the official's polling place on election day.
The board may also provide for the delivery of such materials to
polling places in a municipal corporation by members of the police
department of such municipal corporation; or the board may provide for
the delivery of such materials to the presiding judge not earlier than
the tenth day before the election, in any manner it finds to be
advisable.
On election day the precinct election officials shall punctually attend
the polling place one-half hour before the time fixed for opening the
polls. Each of the precinct election officials shall thereupon make and
subscribe to a statement which shall be as follows:
"State of Ohio
County of ..............
I do solemnly swear under the penalty of perjury
that I will support the constitution of the United States of America
and the constitution of the state of Ohio and its laws; that I have not
been convicted of a felony or any violation of the election laws; that
I will discharge to the best of my ability the duties of
.................... (judge or clerk) .................... of
election in and for precinct .................... in the
.................... (township) or (ward and city or village)
.................... in the county of ...................., in
the election to be held on the .......... day of
..............., ....., as required by law and the rules and
instructions of the board of elections of said county; and that I will
endeavor to prevent fraud in such election, and will report immediately
to said board any violations of the election laws which come to my
attention, and will not disclose any information as to how any elector
voted which is gained by me in the discharge of my official duties.
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
(Signatures of precinct election officials)"
If any of the other precinct officials is absent at that time, the
presiding judge, with the concurrence of a majority of the precinct
election officials present, shall appoint a qualified elector who is a
member of the same political party as the political party of which such
absent precinct election official is a member to fill the vacancy until
the board appoints a person to fill such vacancy and the person so
appointed reports for duty at the polling place. The presiding judge
shall promptly notify the board of such vacancy by telephone or
otherwise. The presiding judge also shall assign the precinct election
officials to their respective duties and shall have general charge of
the polling place.
HISTORY: GC § 4785-119; 113 v 307(361), § 119; 122 v
325(346); 123 v 693; Bureau of Code Revision, 10-1-53; 125 v 713(742)
(Eff 1-1-54); 137 v S 125 (Eff 5-27-77); 138 v H 1062 (Eff 3-23-81);
146 v H 99 (Eff 8-22-95); 148 v H 495. Eff 5-9-2000.
§ 3501.32. Opening and closing polls.
(A) Except as otherwise provided in
division (B) of this section, on the day of the election the polls
shall be opened by proclamation by the presiding judge, or in his
absence by a presiding judge chosen by the judges, at six-thirty a.m.
and shall be closed by proclamation at seven-thirty p.m. unless there
are voters waiting in line to cast their ballots, in which case the
polls shall be kept open until such waiting voters have voted.
(B) On the day of the election, any
polling place located on an island not connected to the mainland by a
highway or a bridge may close earlier than seven-thirty p.m. if all
registered voters in the precinct have voted. When a polling place
closes under division (B) of this section the presiding judge shall
immediately notify the board of elections of the closing.
HISTORY: GC § 4785-123; 113 v 307(363), § 123; Bureau of Code
Revision, 10-1-53; 135 v H 662 (Eff 9-27-74); 141 v H 555 (Eff
2-26-86); 144 v S 8. Eff 5-21-91.
§ 3501.33. Authority of precinct officers.
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
against molestation and violence in the performance of their duties,
and may eject from the polling place any such challenger or witness for
violation of any provision of Title XXXV [35] of the Revised Code. They
shall prevent riots, violence, tumult, or 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, but such arrest shall not prevent such
person from registering or voting if he 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.
HISTORY: GC § 4785-124; 113 v 307(363), § 124; Bureau of Code Revision, 10-1-53; 141 v H 555. Eff 2-26-86.
§ 3501.34. Duty of police.
The officer or authority having command of the police force of any
municipal corporation or the sheriff of any county, on requisition of
the board of elections or the secretary of state, shall promptly detail
for service at the polling place in any precinct of such municipal
corporation or county such force as the board or secretary of state
considers necessary. On every day of election such officer or authority
shall have a special force in readiness for any emergency and for
assignment to duty in the precinct polling places. At least one
policeman shall be assigned to duty in each precinct on each day of an
election, when requested by the board or the secretary of state. Such
police officer shall have access at all times to the polling place, and
he shall promptly place under arrest any person found violating any
provisions of Title XXXV [35] of the Revised Code.
HISTORY: GC § 4785-125; 113 v 307(363), § 125; Bureau of Code Revision, 10-1-53; 137 v S 125. Eff 5-27-77.
§ 3501.35. No loitering near polls.
During an election and the counting of the ballots, no person shall
loiter or congregate 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; in any manner hinder or delay an
elector in reaching or leaving the place fixed for casting his ballot;
within such distance give, tender, or exhibit any ballot or ticket to
any person other than his own ballot to the judge of election; exhibit
any ticket or ballot which he intends to cast; or solicit or in any
manner attempt to influence any elector in casting his vote. No person,
not an election official, employee, witness, challenger, or police
officer, shall be allowed to enter the polling place during the
election, except for the purpose of voting. No more electors shall be
allowed to approach the voting shelves at any time than there are
voting shelves provided. The judges of election and the police officer
shall strictly enforce the observance of this section.
HISTORY: GC § 4785-126; 113 v 307(364), § 126; Bureau of Code Revision, 10-1-53; 138 v H 1062. Eff 3-23-81.
§ 3501.36. Fee and mileage to precinct official delivering or returning election supplies.
Each precinct election official who before the day of an election in
his precinct obtains ballots, pollbooks, or other materials to be used
in his polling place on the day of such election and delivers such
materials to his polling place on the day of such election as required
by section 3501.31 of the Revised Code and the orders of the board of
elections, and each precinct election official who delivers such
materials and the returns and records of an election from the polling
place to the office of the board after an election, as required by
section 3505.31 of the Revised Code and the orders of the board, may
receive, in addition to the compensation provided under section 3501.28
of the Revised Code, a sum not to exceed five dollars for each trip to
the polling place and five dollars for each trip from the polling place
to the office of the board, plus mileage for each trip at the rate
provided by rules governing travel adopted by the office of budget and
management in accordance with Chapter 119. of the Revised Code.
HISTORY: GC § 4785-150; 113 v 307(377), § 150; 122 v
325(354); Bureau of Code Revision, 10-1-53; 125 v 713(743) (Eff
1-1-54); 138 v H 1062 (Eff 3-23-81); 143 v H 245. Eff 10-26-89.
§ 3501.37. Return of booths and other equipment.
After each election, the judges of elections of each precinct, except
when the board of elections assumes the duty, shall see that the
movable booths and other equipment are returned for safekeeping to the
fiscal officer of the township or to the clerk or auditor of the
municipal corporation in which the precinct is situated. The fiscal
officer, clerk, or auditor shall have booths and equipment on hand and
in place at the polling places in each precinct before the time for
opening the polls on election days, and for this service the board may
allow the necessary expenses incurred. In cities, this duty shall
devolve on the board.
HISTORY: GC § 4785-151; 113 v 307(377), § 151; Bureau of Code
Revision. Eff 10-1-53; 151 v S 107, § 1, eff. 12-20-05.
§ 3501.38. Declaration of candidacy, nominating petition, and
other petition requirements; withdrawal of elector's name from petition.
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 person shall write any name other than
the person's own on any petition. 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. On the circulator's statement
for a declaration of candidacy, 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 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 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 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, and if that petition form is
subsequently filed with the board within ninety days of when the
petition is required to be filed, 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 does not apply if the candidate fails to file the
petition with the board within ninety days of when the petition is
required to be filed.
HISTORY: 130 v 822 (Eff 1-1-64); 135 v H 662 (Eff 9-27-74); 137 v S 125
(Eff 5-27-77); 138 v H 1062 (Eff 3-23-81); 141 v H 555 (Eff 2-26-86);
141 v H 524 (Eff 3-17-87); 143 v H 7 (Eff 9-15-89); 149 v H 5 (Eff
8-28-2001); 149 v H 445. Eff 12-23-2002; 150 v H 86, § 1, eff.
11-13-03; 150 v H 1, § 1, eff. 3-31-05.
[§ 3501.38.1] § 3501.381. Payor and payee statements
concerning compensation for supervising, managing, or otherwise
organizing statewide petition effort.
(A)
(1) Any person
who will receive compensation for supervising, managing, or otherwise
organizing any effort to obtain signatures for a declaration of
candidacy, 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 petition or a statewide referendum
petition shall file a statement to that effect with the office of the
secretary of state before any signatures are obtained for the petition
or before the person is engaged to supervise, manage, or otherwise
organize the effort to obtain signatures for the petition, whichever is
later.
(2) Any person
who will compensate a person for supervising, managing, or otherwise
organizing any effort to obtain signatures for a declaration of
candidacy, 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 shall
file a statement to that effect with the office of the secretary of
state before any signatures are obtained for the petition or before the
person engages a person to supervise, manage, or otherwise organize the
effort to obtain signatures for the petition, whichever is later.
(B) The secretary of state shall
prescribe the form and content of the statements required under
division (A) of this section.
(C) Whoever violates division (A) of
this section is guilty of a misdemeanor of the first degree, and the
petition for which a person was compensated for supervising, managing,
or otherwise organizing the effort to obtain signatures shall be deemed
invalid.
(D) As used in 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.
HISTORY: 150 v H 1, § 1, eff. 3-31-05.
§ 3501.39. Grounds for rejection of petition.
(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
section 3513.052 [3513.05.2] 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.
HISTORY: 141 v H 555 (Eff 2-26-86); 143 v H 405 (Eff 4-11-91); 146 v H 99 (Eff 8-22-95); 149 v H 445. Eff 12-23-2002.
——————————
CHAPTER 3503
VOTERS - QUALIFICATIONS; REGISTRATION
Section
Qualifications.
3503.01. Age and residence;
assignment of electors to adjoining precinct.
[3503.01.1] 3503.011.Qualifications to vote in primary.
3503.02. Rules for determining residence.
3503.03. Inmates of soldiers' homes.
3503.04. Inmates of public or private institutions.
3503.05. [Repealed]
Registration.
3503.06. Registration and residence requirements.
3503.07. Qualifications for registering.
3503.08. Registration supplies; rules.
3503.09. [Repealed]
3503.10. Voter registration
programs for designated state agencies, schools, libraries and county
treasurers.
3503.11. Voter registration
duties of registrar of motor vehicles and deputy registrars.
[3503.11.1] 3503.111.Registration on behalf of county of residence.
3503.12. Advertising
methods of registration; removal of barriers to handicapped.
3503.13. Registration forms, records.
3503.14. Content of forms; persons unable to sign.
3503.15. [Repealed]
3503.16. Change of
residence or name forms; eligibility to vote where form not filed.
3503.17. Change in precinct boundaries.
3503.18. Cancellation of
registration due to death, incompetency or disfranchisement.
3503.19. Methods of
registering or changing registration; mailing of confirmation or
rejection notice.
3503.20. [Repealed]
3503.21. Events resulting
in cancellation of registration; procedures to verify or correct change
of address.
3503.22. [Repealed]
3503.23. Official registration lists for each precinct.
3503.24. Application for
correction of list or challenge of right to vote; hearing.
3503.25. Investigation of registrations.
3503.26. Custody of records and lists; inspection and copying.
3503.27. Master file of registered voters.
3503.28, 3503.29 Repealed.
3503.30. Mistake in registration form.
3503.31, 3503.32 Repealed.
3503.33. Prior registration; cancellation authorization.
——————————
QUALIFICATIONS
§ 3503.01. Age and residence; assignment of electors to adjoining precinct.
Every citizen of the United States who is of the age of eighteen years
or over and who has been a resident of the state thirty days
immediately preceding the election at which the citizen offers to vote,
is a resident of the county and precinct in which the citizen offers to
vote, and has been registered to vote for thirty days, has the
qualifications of an elector and may vote at all elections in the
precinct in which the citizen resides.
When only a portion of a precinct is included within the boundaries of
a school district, the board of elections may assign the electors
residing in such portion of a precinct to the nearest precinct or
portion of a precinct within the boundaries of such school district for
the purpose of voting at any special school election held in such
school district. In any election in which only a part of the electors
in a precinct is qualified to vote, the board may assign voters in such
part to an adjoining precinct. Such assignment may be made to an
adjoining precinct in another county with the consent and approval of
the board of elections of such other county.
The board shall notify all such electors so assigned, at least ten days
prior to the holding of any such election, of the location of the
polling place where they are entitled to vote at such election.
HISTORY: GC § 4785-30; 113 v 307(320), § 30; 114 v 679; 118 v
223; 120 v 475(503); 122 v 325; Bureau of Code Revision, 10-1-53; 125 v
713(744) (Eff 1-1-54); 129 v 1267 (Eff 9-28-61); 134 v S 460 (Eff
3-23-72); 136 v S 32 (Eff 9-5-75); 137 v S 125 (Eff 5-27-77); 137 v H
1209 (Eff 11-3-78); 146 v H 99. Eff 8-22-95.
[§ 3503.01.1] § 3503.011. Qualifications to vote in primary.
At a primary election every qualified elector who is or will be on the
day of the next general election eighteen or more years of age, and who
is a member of or is affiliated with the political party whose primary
election ballot he desires to vote, shall be entitled to vote such
ballot at the primary election.
HISTORY: 138 v H 1062. Eff 3-23-81.
§ 3503.02. Rules for determining residence.
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 resides shall be considered to be his or her place of
residence; except that when the husband and wife have separated and
live apart, the place where he or she resides the length of time
required to entitle a person to vote shall be considered to be his or
her 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.
HISTORY: GC § 4785-31; 113 v 307(320), § 31; 118 v 223;
Bureau of Code Revision, 10-1-53; 125 v 713(744); 127 v 83 (Eff
8-23-57); 134 v S 460 (Eff 3-23-72); 146 v H 99. Eff 8-22-95.
§ 3503.03. Inmates of soldiers' homes.
Infirm or disabled soldiers who are inmates of a national home for such
soldiers, who are citizens of the United States and have resided in
this state thirty days immediately preceding any election, and who are
otherwise qualified as to age and residence within the county and
township shall have their lawful residence in the county and township
in which such home is located.
HISTORY: GC § 4785-32; 113 v 307(321), § 32; Bureau of Code
Revision, 10-1-53; 134 v S 460 (Eff 3-23-72); 136 v S 32 (Eff 9-5-75);
146 v H 99. Eff 8-22-95.
§ 3503.04. Inmates of public or private institutions.
Persons who are inmates of a public or private institution who are
citizens of the United States and have resided in this state thirty
days immediately preceding the election, and who are otherwise
qualified as to age and residence within the county shall have their
lawful residence in the county, city, village and township in which
said institution is located provided, that the lawful residence of a
qualified elector who is an inmate in such an institution for temporary
treatment only, shall be the residence from which he entered such
institution.
HISTORY: GC § 4785-33; 113 v 307(321), § 33; Bureau of Code
Revision, 10-1-53; 125 v 713(745) (Eff 1-1-54); 134 v S 460 (Eff
3-23-72); 136 v S 32 (Eff 9-5-75); 146 v H 99. Eff 8-22-95.
§ 3503.05. Repealed.
Repealed, 134 v S 460, § 2 [GC § 4785-33a; 114 v 679; 122 v
325; Bureau of Code Revision, 10-1-53; 125 v 314; 127 v 83]. Eff
3-23-72.
——————————
REGISTRATION
§ 3503.06. Registration and residence requirements.
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.
HISTORY: GC § 4785-34; 113 v 307(321), § 34; 114 v 679; 119 v
265; Bureau of Code Revision, 10-1-53; 125 v 713(745); 126 v 205 (Eff
1-1-56); 129 v 392 (Eff 5-4-61); 130 v 823 (Eff 1-1-64); 137 v S 125
(Eff 5-27-77); 146 v H 99. Eff 8-22-95.
§ 3503.07. Qualifications for registering.
Each person who will be of the age of eighteen years or more at the
next ensuing November election, who is a citizen of the United States,
and who, if he continues to reside in the precinct until the next
election, will at that time have fulfilled all the requirements as to
length of residence to qualify him as an elector shall, unless
otherwise disqualified, be entitled to be registered as an elector in
such precinct. When once registered, an elector shall not be required
to register again unless his registration is canceled.
HISTORY: GC § 4785-35; 113 v 307(322), § 35; Bureau of Code Revision, 10-1-53; 134 v s 460. Eff 3-23-72.
§ 3503.08. Registration supplies; rules.
The board of elections shall provide such printed forms, blanks,
supplies, and equipment and prescribe such reasonable rules as are
necessary to carry out sections 3503.06 to 3503.32 Å of the
Revised Code.
HISTORY: GC § 4785-36; 113 v 307(322), § 36; 114 v 679; 119 v
265; 122 v 325; 124 v 673; Bureau of Code Revision, 10-1-53; 129 v 392
(Eff 5-4-61); 134 v S 460 (Eff 3-23-72); 137 v S 125. Eff 5-27-77.
§ 3503.09. Repealed.
Repealed, 134 v S 460, § 2 [GC §§ 4785-37; 113 v 307;
123 v 693; 124 v 673; Bureau of Code Revision, 10-1-53; 125 v 713]. Eff
3-23-72.
§ 3503.10. Voter registration programs for designated state agencies, schools, libraries and county treasurers.
(A) Each designated agency shall
designate one person within that agency to serve as coordinator for the
voter registration program within the agency and its departments,
divisions, and programs. The designated person shall be trained under a
program designed by the secretary of state and shall be responsible for
administering all aspects of the voter registration program for that
agency as prescribed by the secretary of state. The designated person
shall receive no additional compensation for performing such duties.
(B) Every designated agency, public high
school and vocational school, public library, and office of a county
treasurer shall provide in each of its offices or locations voter
registration applications and assistance in the registration of persons
qualified to register to vote, in accordance with this chapter.
(C) Every designated agency shall
distribute to its applicants, prior to or in conjunction with
distributing a voter registration application, a form prescribed by the
secretary of state that includes all of the following:
(1) The
question, "Do you want to register to vote or update your current voter
registration?" - followed by boxes for the applicant to indicate
whether the applicant would like to register or decline to register to
vote, and the statement, highlighted in bold print, "If you do not
check either box, you will be considered to have decided not to
register to vote at this time.";
(2) If the
agency provides public assistance, the statement, "Applying to register
or declining to register to vote will not affect the amount of
assistance that you will be provided by this agency.";
(3) The
statement, "If you would like help in filling out the voter
registration application form, we will help you. The decision whether
to seek or accept help is yours. You may fill out the application form
in private.";
(4) The
statement, "If you believe that someone has interfered with your right
to register or to decline to register to vote, your right to privacy in
deciding whether to register or in applying to register to vote, or
your right to choose your own political party or other political
preference, you may file a complaint with the prosecuting attorney of
your county or with the secretary of state," with the address and
telephone number for each such official's office.
(D) Each designated agency shall
distribute a voter registration form prescribed by the secretary of
state to each applicant with each application for service or
assistance, and with each written application or form for
recertification, renewal, or change of address.
(E) Each designated agency shall do all of the following:
(1) Have
employees trained to administer the voter registration program in order
to provide to each applicant who wishes to register to vote and who
accepts assistance, the same degree of assistance with regard to
completion of the voter registration application as is provided by the
agency with regard to the completion of its own form;
(2) Accept
completed voter registration applications, voter registration change of
residence forms, and voter registration change of name forms,
regardless of whether the application or form was distributed by the
designated agency, for transmittal to the office of the board of
elections in the county in which the agency is located. Each designated
agency and the appropriate board of elections shall establish a method
by which the voter registration applications and other voter
registration forms are transmitted to that board of elections within
five days after being accepted by the agency.
(3) If the
designated agency is one that is primarily engaged in providing
services to persons with disabilities under a state-funded program, and
that agency provides services to a person with disabilities at a
person's home, provide the services described in divisions (E)(1) and
(2) of this section at the person's home;
(4) Keep as
confidential, except as required by the secretary of state for
record-keeping purposes, the identity of an agency through which a
person registered to vote or updated the person's voter registration
records, and information relating to a declination to register to vote
made in connection with a voter registration application issued by a
designated agency.
(F) The secretary of state shall prepare
and transmit written instructions on the implementation of the voter
registration program within each designated agency, public high school
and vocational school, public library, and office of a county
treasurer. The instructions shall include directions as follows:
(1) That each person
designated to assist with voter registration maintain strict neutrality
with respect to a person's political philosophies, a person's right to
register or decline to register, and any other matter that may
influence a person's decision to register or not register to vote;
(2) That each person
designated to assist with voter registration not seek to influence a
person's decision to register or not register to vote, not display or
demonstrate any political preference or party allegiance, and not make
any statement to a person or take any action the purpose or effect of
which is to lead a person to believe that a decision to register or not
register has any bearing on the availability of services or benefits
offered, on the grade in a particular class in school, or on credit for
a particular class in school;
(3) Regarding when and
how to assist a person in completing the voter registration
application, what to do with the completed voter registration
application or voter registration update form, and when the application
must be transmitted to the appropriate board of elections;
(4) Regarding what
records must be kept by the agency and where and when those records
should be transmitted to satisfy reporting requirements imposed on the
secretary of state under the National Voter Registration Act of 1993;
(5) Regarding whom to
contact to obtain answers to questions about voter registration forms
and procedures.
(G) If the voter registration activity
is part of an in-class voter registration program in a public high
school or vocational school, whether prescribed by the secretary of
state or independent of the secretary of state, the board of education
shall do all of the following:
(1) Establish a
schedule of school days and hours during these days when the person
designated to assist with voter registration shall provide voter
registration assistance;
(2) Designate a person
to assist with voter registration from the public high school's or
vocational school's staff;
(3) Make voter
registration applications and materials available, as outlined in the
voter registration program established by the secretary of state
pursuant to section 3501.05 of the Revised Code;
(4) Distribute the
statement, "applying to register or declining to register to vote will
not affect or be a condition of your receiving a particular grade in or
credit for a school course or class, participating in a curricular or
extracurricular activity, receiving a benefit or privilege, or
participating in a program or activity otherwise available to pupils
enrolled in this school district's schools.";
(5) Establish a method
by which the voter registration application and other voter
registration forms are transmitted to the board of elections within
five days after being accepted by the public high school or vocational
school.
(H) Any person employed by the
designated agency, public high school or vocational school, public
library, or office of a county treasurer may be designated to assist
with voter registration pursuant to this section. The designated
agency, public high school or vocational school, public library, or
office of a county treasurer shall provide the designated person, and
make available such space as may be necessary, without charge to the
county or state.
(I) The secretary of state shall prepare
and cause to be displayed in a prominent location in each designated
agency a notice that identifies the person designated to assist with
voter registration, the nature of that person's duties, and where and
when that person is available for assisting in the registration of
voters.
A designated agency may furnish additional
supplies and services to disseminate information to increase public
awareness of the existence of a person designated to assist with voter
registration in every designated agency.
(J) This section does not limit any
authority a board of education, superintendent, or principal has to
allow, sponsor, or promote voluntary election registration programs
within a high school or vocational school, including programs in which
pupils serve as persons designated to assist with voter registration,
provided that no pupil is required to participate.
(K) Each public library and office of
the county treasurer shall establish a method by which voter
registration forms are transmitted to the board of elections within
five days after being accepted by the public library or office of the
county treasurer.
(L) The department of job and family
services and its departments, divisions, and programs shall limit
administration of the aspects of the voter registration program for the
department to the requirements prescribed by the secretary of state and
the requirements of this section and the National Voter Registration
Act of 1993.
HISTORY: 140 v S 54 (Eff 9-21-83); 142 v H 439 (Eff 3-17-89); 145 v S
300 (Eff 1-1-95); 146 v H 99. (Eff 8-22-95); 146 v S 230. Eff 10-29-96;
150 v H 95, § 1, eff. 9-26-03.
§ 3503.11. Voter registration duties of registrar of motor vehicles and deputy registrars.
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 voter
registration. The registrar of motor vehicles or deputy registrar also
shall make available to all other customers voter registration
applications or change of residence or change of name applications but
is not required to offer assistance to these customers in completing
the voter registration application.
The registrar or deputy registrar shall send any completed registration
application or change of residence and change of name notice 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.
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 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 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 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.
HISTORY: GC § 4785-39; 113 v 307(324), § 39; 114 v 679; 116 v
320; 123 v 380; 124 v 673; Bureau of Code Revision, 10-1-53; 125 v
713(746); 126 v 205; 127 v 741 (Eff 1-1-58); 129 v 392 (Eff 5-4-61);
134 v S 460 (Eff 3-23-72); 135 v S 143 (Eff 5-24-74); 137 v S 125 (Eff
5-27-77); 137 v H 1209 (Eff 11-3-78); 138 v H 1062 (Eff 3-23-81); 140 v
H 402 (Eff 3-19-84); 143 v H 381 (Eff 7-1-89); 143 v H 237 (Eff
7-27-90); 144 v H 438 (Eff 9-23-92); 145 v S 150 (Eff 12-29-93); 145 v
S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95.
[§ 3503.11.1] § 3503.111. Registration on behalf of county of residence.
The board of elections of any county shall register or change the
registration of any person determined not to be a resident in that
county under section 3503.02 of the Revised Code, who is a resident and
a qualified elector of another county in this state, on behalf of the
county of residence.
The director of any board of elections registering a person under this
section shall send the completed registration form of that person to
the director of the board of elections of the county of residence, who
shall enter the form in the proper registration files and shall
promptly send an acknowledgment notice as prescribed by the secretary
of state to the registrant at the new address listed on the
registration form.
HISTORY: 134 v S 460 (Eff 3-23-72); 137 v S 125 (Eff 5-27-77); 138 v H 1062 (Eff 3-23-81); 145 v S 300. Eff 1-1-95.
§ 3503.12. Advertising methods of registration; removal of barriers to handicapped.
All registrations shall be carefully checked, and in case any person is
found to have registered more than once, the additional registration
forms shall be canceled by the board of elections.
Six weeks prior to the day of a special, primary, or general election,
the board shall publish notices in one or more newspapers of general
circulation advertising the places, dates, times, methods of
registration, and voter qualifications for registration.
The board shall establish a schedule or program to assure to the extent
reasonably possible that, on or before November 1, 1980, all
registration places shall be free of barriers that would impede the
ingress and egress of handicapped persons. Entrances shall be level or
shall be provided with a nonskid ramp of not over eight per cent
gradient, and doors shall be a minimum of thirty-two inches wide.
Registration places located at polling places shall, however, comply
with the requirements of section 3501.29 of the Revised Code for the
elimination of barriers.
As used in this section, "handicapped" means having lost the use of one
or both legs, one or both arms, or any combination thereof, or being
blind or so severely disabled as to be unable to move about without the
aid of crutches or a wheelchair.
HISTORY: GC § 4785-40; 113 v 307(324), § 40; 116 v 320; 119 v
265; 124 v 673; Bureau of Code Revision, 10-1-53; 125 v 713(747); 127 v
741 (Eff 1-1-58); 132 v S 81 (Eff 10-12-67); 135 v S 143 (Eff 5-24-74);
135 v H 662 (Eff 9-27-74); 136 v S 162 (Eff 7-23-76); 137 v S 125 (Eff
5-27-77); 138 v H 1062. Eff 3-23-81.
§ 3503.13. Registration forms, records.
(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 shall be open to public
inspection at all times when the office of the board is open for
business, under such regulations as the board adopts, provided that no
person shall be permitted to inspect such records 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 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 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.
HISTORY: GC § 4785-41; 113 v 307(324), § 41; 118 v 223; 122 v
325; Bureau of Code Revision, 10-1-53; 134 v S 460 (Eff 3-23-72); 137 v
H 86 (Eff 8-26-77); 137 v S 125 (Eff 5-27-77); 137 v H 1209 (Eff
11-3-78); 140 v H 402 (Eff 3-19-84); 143 v H 36 (Eff 1-1-90); 144 v H
182 (Eff 4-9-93); 145 v S 300. Eff 1-1-95.
§ 3503.14. Content of forms; persons unable to sign.
(A) The secretary of state shall
prescribe the form and content of the registration and change of
residence and change of name form used in this state. The form shall
set forth the eligibility requirements needed to qualify as an elector
and meet the requirements of the National Voter Registration Act of
1993. The form shall include a space on which the person registering an
applicant shall sign the person's name 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 registering an applicant shall be required to
sign the election official's or employee's name or to name the employer
who is employing the election official or employee to register an
applicant on a form prepared under this section.
(B) 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) No registration and change of
residence and 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) As used in this section,
"registering an applicant" includes any effort, for compensation, to
provide voter registration forms or to assist persons in completing
those forms or returning them to the board of elections, the office of
the secretary of state, or another appropriate public office.
HISTORY: GC § 4785-42; 113 v 307(325), § 42; 119 v 265; 122 v
325; Bureau of Code Revision, 10-1-53; 125 v 713(747) (Eff 1-1-54); 129
v 1267 (Eff 9-28-61); 134 v S 460 (Eff 3-23-72); 135 v H 662 (Eff
9-27-74); 137 v S 125 (Eff 5-27-77); 138 v H 1062 (Eff 3-23-81); 144 v
H 438 (Eff 9-23-92); 144 v H 182 (Eff 4-9-93); 145 v S 300. Eff 1-1-95;
150 v H 1, § 1, eff. 3-31-05.
§ 3503.15. Repealed.
Repealed, 145 v S 300, § 2 [GC § 4785-43; 113 v 307(326),
§ 43; Bureau of Code Revision, 10-1-53; 137 v S 125]. Eff 1-1-95.
§ 3503.16. Change of residence or name forms; eligibility to vote where form not filed.
(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) 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 or 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, and casting a ballot.
(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 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.
(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, whichever is appropriate;
(c) Votes at the polling place, at the office of the board of
elections, or at the site designated by the board, 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 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, 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 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 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;
(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;
(3) Votes at the
office of the board of elections or at a site designated by the board
by absent voter's ballots 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, 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 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 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 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, 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.
HISTORY: GC § 4785-44; 113 v 307(327), § 44; 119 v 265;
Bureau of Code Revision, 10-1-53; 125 v 713(748) (Eff 1-1-54); 130 v
824 (Eff 1-1-64); 137 v S 125 (Eff 5-27-77); 138 v H 1062 (Eff
3-23-81); 143 v H 381 (Eff 7-1-89); 143 v H 237 (Eff 7-27-90); 144 v H
438 (Eff 9-23-92); 145 v S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95;
151 v H 234, § 1, eff. 1-27-06.
§ 3503.17. Change in precinct boundaries.
When a new precinct has been created, or the boundaries thereof have
been changed, the election authorities shall correct and transfer the
registration forms of registered electors whose voting precincts have
thus been changed and shall notify such registrants by mail. The
registration of an elector shall not be invalidated by such alteration
or transfer nor shall the right of any registered elector to vote be
prejudiced by any error in making out the certified list of registered
voters.
HISTORY: GC § 4785-45; 113 v 307(328), § 45; 114 v 679(687);
119 v 265; Bureau of Code Revision, 10-1-53; 137 v S 125. Eff 5-27-77.
§ 3503.18. Cancellation of registration due to death, incompetency or disfranchisement.
The chief health officer of each political subdivision and the director
of health shall file with the board of elections, at least once each
month, the names, dates of birth, dates of death, and residences of all
persons, over eighteen years of age, who have died within such
subdivision or within this state or another state, respectively, within
such month. At least once each month the probate judge shall file with
the board the names and residence addresses of all persons over
eighteen years of age who have been adjudicated incompetent for the
purpose of voting, as provided in section 5122.301 [5122.30.1] of the
Revised Code. At least once each month the clerk of the court of common
pleas shall file with the board the names and residence addresses of
all persons who have been convicted during the previous month of crimes
that would disfranchise such persons under existing laws of the state.
Reports of conviction of crimes under the laws of the United States
that would disfranchise an elector and that are provided to the
secretary of state by any United States attorney shall be forwarded by
the secretary of state to the appropriate board of elections.
Upon receiving any report described in this section, the board of
elections shall promptly cancel registration of the elector. If the
report contains a residence address of an elector in a county other
than the county in which the board of elections is located, the
director shall promptly send a copy of the report to the appropriate
board of elections, which shall cancel the registration.
HISTORY: GC § 4785-46; 113 v 307(328), § 46; 119 v 265;
Bureau of Code Revision, 10-1-53; 125 v 713(749) (Eff 1-1-54); 134 v S
460 (Eff 3-23-72); 137 v S 125 (Eff 5-27-77); 137 v H 725 (Eff
3-16-78); 145 v S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95.
§ 3503.19. Methods of registering or changing registration; mailing of confirmation or rejection notice.
(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 at any
polling place where the elector is eligible to vote, on election day.
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 applications, if otherwise
valid, that are returned by mail to the office of the secretary of
state or to the office of a board of elections must be postmarked no
later than the thirtieth day preceding a primary, special, or general
election in order for the person to qualify as an elector eligible to
vote at that election. If an otherwise valid voter registration
application that is returned by mail does not bear a postmark or a
legible postmark, the registration shall be valid for that election if
received by the office of the secretary of state or the office of a
board of elections no later than twenty-five days preceding any
special, primary, or general election.
(B) Any person may apply in person, by
telephone, by mail, or through another person for voter registration
forms to the office of the secretary of state or the office of a board
of elections. Completed registration forms may be returned in person or
through another person to any state or local office of a designated
agency, to a public high school or vocational school, to a public
library, or to the office of a county treasurer, or in person, through
another person, or by mail to the office of the secretary of state or
the office of a board of elections.
(C) A board of elections that receives a
voter registration application and is satisfied as to the truth of the
statements made in the registration form shall register the applicant
and promptly notify the applicant of the applicant's registration and
the precinct in which the applicant is to vote. The notification shall
be by nonforwardable mail, and if the mail is returned to the board, it
shall investigate and cause the notification to be delivered to the
correct address; or if it determines that the voter is not eligible to
vote for residency reasons it shall cancel the registration and notify
the registrant, at the last known address, of a need to reregister. If
the board does not accept the application for registration, it shall
immediately notify the applicant of the reasons for rejecting the
application and request the applicant to provide whatever information
or verification is necessary to complete the application.
If a notice of the disposition of an otherwise
valid mail registration application is sent by nonforwardable mail and
is returned undelivered, the person shall be registered and sent a
confirmation notice by forwardable mail. If the person fails to respond
to the confirmation notice, update the person's registration, or vote
in any election during the period of two federal elections subsequent
to the mailing of the confirmation notice, the person's registration
shall be canceled.
HISTORY: 145 v S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95.
§ 3503.20. Repealed.
Repealed, 137 v S 125, § 2 [GC § 4785-48; 113 v 307(329); 114
v 679; 119 v 265; Bureau of Code Revision, 10-1-53]. Eff 5-27-77.
§ 3503.21. Events resulting in cancellation of registration; procedures to verify or correct change of address.
(A) The registration of a registered
elector shall be canceled upon the occurrence of any of the following:
(1) The filing
by a registered elector of a written request with a board of elections,
on a form prescribed by the secretary of state and signed by the
elector, that his registration be canceled. The filing of such a
request does not prohibit an otherwise qualified elector from
reregistering to vote at any time.
(2) The filing
of a notice of the death of the registered elector as provided in
section 3503.18 of the Revised Code;
(3) The
conviction of the registered elector of a felony under the laws of this
state, any other state, or the United States as provided in section
2961.01 of the Revised Code;
(4) The
adjudication of incompetency of the registered elector for the purpose
of voting as provided in section 5122.301 [5122.30.1] of the Revised
Code;
(5) The change
of residence of the registered elector to a location outside the county
of registration in accordance with division (B) of this section;
(6) The failure
of the registered elector, after he has been mailed a confirmation
notice, to do either of the following:
(a) Respond to such a notice and vote at least once during a period of
four consecutive years, which period shall include two general federal
elections;
(b) Update his registration and vote at least once during a period of
four consecutive years, which period shall include two general federal
elections.
(B) The secretary of state shall
prescribe procedures to identify and cancel the registration in a prior
county of residence of any registrant who changes his voting residence
to a location outside his current county of registration. Any
procedures prescribed in this division shall be uniform and
nondiscriminatory, and shall comply with the Voting Rights Act of 1965.
The secretary of state may prescribe procedures under this division
that include the use of the national change of address service provided
by the United States postal system through its licensees. Any program
so prescribed shall be completed not later than ninety days prior to
the date of any primary or general election for federal office.
The registration of any elector identified as
having changed his voting residence to a location outside his current
county of registration shall not be canceled unless the registrant is
sent a confirmation notice on a form prescribed by the secretary of
state and the registrant fails to respond to the confirmation notice or
otherwise update his registration and fails to vote in any election
during the period of two federal elections subsequent to the mailing of
the confirmation notice.
(C) The registration of a registered
elector shall not be canceled except as provided in this section.
(D) Boards of elections shall send their
voter registration lists to the secretary of state semiannually. In the
first quarter of each odd-numbered year, the secretary of state shall
send the information contained in these lists to the national change of
address service described in division (B) of this section and request
that service to provide the secretary of state with a list of any
voters on the lists sent by the secretary of state who have moved
within the last thirty-six months. The secretary of state shall
transmit to each appropriate board of elections whatever lists he
receives from that service. The board shall send a notice to each
person on the list transmitted by the secretary of state requesting
confirmation of the person's change of address, together with a postage
prepaid, preaddressed return envelope containing a form on which the
voter may verify or correct the change of address information.
HISTORY: 145 v S 300. Eff 1-1-95.
§ 3503.22. Repealed.
Repealed, 145 v S 300, § 2 [GC § 4785-50; 113 v 307(330),
§ 50; 119 v 265; Bureau of Code Revision, 10-1-53; 125 v 713(750);
137 v S 125; 138 v H 1062; 139 v S 99; 144 v S 61]. Eff 1-1-95.
§ 3503.23. Official registration lists for each precinct.
At least fifteen days before an election the board shall cause to be
prepared from the registration cards a complete and official
registration list for each precinct, containing the names, addresses,
and political party whose ballot the elector voted in the most recent
primary election within the current year and the immediately preceding
two calendar years, of all qualified registered voters in the precinct.
All the names, insofar as practicable, shall be arranged either in
alphabetical order, or in geographical order according to streets in
the precincts. All the lists shall be prepared in sheet form and on one
side of the paper. Each precinct list shall be headed "Register of
Voters," and under the heading shall be indicated the district or ward
and precinct followed by the statement:
"Any voter of the county on or before the seventh day prior to the
election may file with the board of elections at the board's offices
located at .......... objections to the registration of any
person on this list who, he has reason to believe, is not eligible to
vote, or a request for the addition to the list of registered voters
whose names have been omitted or who have been erroneously dropped from
the registration list of the precinct."
Appended to each precinct list shall be attached the names of the
members of the board and the name of the director. A sufficient number
of such lists may be provided for distribution to the candidates,
political parties, or organized groups that apply for them. The board
shall have each precinct list available at the board for viewing by the
public during normal business hours. The board shall ensure that, by
the opening of the polls on the day of a general or primary election,
each precinct has a copy of the registration list of voters in that
precinct.
(B) On the day of a general or primary
election, precinct election officials shall do both of the following:
(1) By the time
the polls open, conspicuously post and display at the polling place one
copy of the registration list of voters in that precinct;
(2) At 11 a.m.
and 4 p.m. place a mark, on the official registration list posted at
the polling place, before the name of those registered voters who have
voted.
HISTORY: GC § 4785-51; 113 v 307(331), § 51; 119 v 265; 124 v
673; Bureau of Code Revision, 10-1-53; 135 v H 435 (Eff 7-9-74); 137 v
S 125 (Eff 5-27-77); 137 v H 1209 (Eff 11-3-78); 138 v H 1062 (Eff
3-23-81); 141 v H 555 (Eff 2-26-86); 141 v H 524 (Eff 3-17-87); 145 v S
300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95.
§ 3503.24. Application for correction of list or challenge of right to vote; hearing.
Application for the correction of any precinct registration list or a
challenge of the right to vote of any registered elector may be made by
any qualified elector of the county at the office of the board of
elections not later than eleven days prior to the election. The
applications or challenges, with the reasons for the application or
challenge, shall be filed with the board on a form prescribed by the
secretary of state and shall be signed under penalty of election
falsification.
On receiving an application or challenge filed under this section, the
director shall promptly set a time and date for a hearing before the
board. The hearing shall be held no later than two days prior to any
election. The director shall send written notice to any elector whose
right to vote is challenged and to any person whose name is alleged to
have been omitted from a registration list. The notice shall inform the
person of the time and date of the hearing, and of the person's right
to appear and testify, call witnesses, and be represented by counsel.
The notice shall be sent by first class mail no later than three days
before the day of any scheduled hearing. The director shall also
provide the person who filed the application or challenge with such
written notice of the date and time of the hearing.
At the request of either party or any member of the board, the board
shall issue subpoenas to witnesses to appear and testify before the
board at a hearing held under this section. All witnesses shall testify
under oath. The board shall reach a decision on all applications and
challenges immediately after hearing.
If the board decides that any such person is not entitled to have the
person's name on the registration list, the person's name shall be
removed from the list and the person's registration forms canceled. If
the board decides that the name of any such person should appear on
such registration list it shall be added thereto, and the person's
registration forms placed in the proper registration files. All such
corrections and additions shall be made on a copy of the precinct
lists, which shall constitute the poll lists, to be furnished to the
respective precincts with other election supplies on the day preceding
the election, to be used by the clerks in receiving the signatures of
voters and in checking against the registration forms.
HISTORY: GC § 4785-52; 113 v 307(331), § 52; 119 v 265;
Bureau of Code Revision, 10-1-53; 129 v 1562 (Eff 8-25-61); 145 v S 300
(Eff 1-1-95); 146 v H 99. Eff 8-22-95.
§ 3503.25. Investigation of registrations.
The board of elections may conduct investigations, summon witnesses,
and take testimony under oath regarding the registration of any voter
or as to the accuracy of the registration lists in any precinct.
HISTORY: GC § 4785-53; 113 v 307(332), § 53; 118 v 223; 123 v
380; Bureau of Code Revision, 10-1-53; 128 v 25 (Eff 10-12-59); 137 v S
125 (Eff 5-27-77); 146 v H 99. Eff 8-22-95.
§ 3503.26. Custody of records and lists; inspection and copying.
(A) All registration forms and lists,
when not in official use by the registrars or judges of elections,
shall be in the possession of the board of elections. Names and
addresses of electors may be copied from the registration lists only in
the office of the board when it is open for business; but no such
copying shall be permitted during the period of time commencing
twenty-one days before an election and ending on the eleventh day after
an election if such copying will, in the opinion of the board,
interfere with the necessary work of the board. The board shall keep in
convenient form and available for public inspection a correct set of
the registration lists of all precincts in the county.
(B) Notwithstanding division (A) of this
section the board of elections shall maintain and make available for
public inspection and copying at a reasonable cost all records
concerning the implementation of programs and activities conducted for
the purpose of ensuring the accuracy and currency of voter registration
lists, including the names and addresses of all registered electors
sent confirmation notices and whether or not the elector responded to
the confirmation notice. The board shall maintain all records described
in this division for a period of two years.
HISTORY: GC § 4785-54; 113 v 307(333), § 54; 119 v 265; 122 v
325; Bureau of Code Revision, 10-1-53; 137 v S 125 (Eff 5-27-77); 145 v
S 300. Eff 1-1-95.
§ 3503.27. Master file of registered voters.
In order to efficiently maintain accurate and current lists of
registered voters, the secretary of state shall, beginning January 1,
1979, maintain a master file of all registered voters in this state.
The secretary of state shall prescribe by directive the schedule and
format by which boards of elections must submit accurate and current
lists of all registered voters in their counties.
HISTORY: 137 v S 125 (Eff 5-27-77); 141 v H 555. Eff 2-26-86.
§ 3503.28. Repealed.
Repealed, 137 v S 125, § 2 [GC §§ 4785-56, 4785-57; 113
v 307(334); 119 v 265; Bureau of Code Revision, 10-1-53]. Eff 5-27-77.
§ 3503.29. Repealed.
Repealed, 137 v S 125, § 2 [GC §§ 4785-56, 4785-57; 113
v 307(334); 119 v 265; Bureau of Code Revision, 10-1-53]. Eff 5-27-77.
§ 3503.30. Mistake in registration form.
When by mistake a qualified elector has caused himself to be registered
in a precinct which was not his place of residence, the board of
elections, on full and satisfactory proof that such error was committed
by mistake, may, on his personal application and proof of his true
residence, correct his registration form. The board may correct all
errors occurring in the registration of electors when it finds that the
errors subject to corrections were not of fraudulent intent.
HISTORY: GC § 4785-58; 113 v 307(334), § 58; 114 v 679; Bureau of Code Revision. Eff 10-1-53.
§ 3503.31. Repealed.
Repealed, 137 v S 125, § 2 [GC § 4785-59; 113 v 307(334); 119
v 265; Bureau of Code Revision, 10-1-53; 134 v S 460]. Eff 5-27-77.
§ 3503.32. Repealed.
Repealed, 134 v S 460, § 2 [GC § 4785-60; 113 v 307; 119 v 265; Bureau of Code Revision, 10-1-53]. Eff 3-23-72.
§ 3503.33. Prior registration; cancellation authorization.
If an elector applying for registration is already registered in
another state or in another county within this state, the elector shall
declare this fact to the registration officer and shall sign an
authorization to cancel the previous registration on a form prescribed
by the secretary of state.
The director of the board of elections shall mail all such
authorizations to the board of elections or comparable agency of the
proper state and county. Upon the receipt of this authorization from
the forwarding county, the director of a board of elections in Ohio,
upon a comparison of the elector's signature with the elector's
signature as it appears on the registration files, shall remove the
elector's registration from the files, and place it with the
cancellation authorization in a separate file which shall be kept for a
period of two calendar years. The board shall notify the elector at the
present address as shown on the cancellation authorization that his
registration has been canceled.
HISTORY: 125 v 713(751) (Eff 1-1-54); 129 v 1562 (Eff 8-25-61); 137 v S
125 (Eff 5-27-77); 138 v H 1062 (Eff 3-23-81); 146 v H 99. Eff 8-22-95.
——————————
CHAPTER 3504
PRESIDENTIAL BALLOTS - FORMER RESIDENTS
Section
3504.01. Presidential election voting by former residents.
3504.02. Certificate of intent to vote.
3504.03. [Repealed]
3504.04. List of former resident voters at polling place.
3504.05. Notification of state of prior residence.
3504.06. Penalty.
3504.07. [Repealed]
§ 3504.01. Presidential election voting by former residents.
Each citizen of the United States who, on the day of the succeeding
presidential election, will be eighteen years of age or over, who has
moved the citizen's residence from this state not more than ninety days
prior to the day of such presidential election, who has not registered
to vote in the state to which that citizen has moved that citizen's
residence, and who, because of that citizen's removal from this state,
is not entitled to vote for the offices of president and vice-president
or for presidential and vice-presidential electors in the state of that
citizen's current residence may be entitled to vote in this state, in
the precinct in which that citizen's voting residence was located at
the time the citizen moved from this state, for presidential and
vice-presidential electors but for no other offices if the citizen
meets all of the following conditions:
(A) The citizen otherwise possesses the substantive
qualifications to vote in this state, except the requirements of
residence and registration.
(B) The citizen complies with sections 3504.01 to 3504.06 of the Revised Code.
(C) The citizen completes a certificate of intent to
vote in a presidential election under section 3504.02 of the Revised
Code under penalty of election falsification.
HISTORY: 133 v S 51 (Eff 11-19-69); 134 v S 460 (Eff 3-23-72); 135 v H 662 (Eff 9-27-74); 146 v H 99. Eff 8-22-95.
§ 3504.02. Certificate of intent to vote.
Any citizen who desires to vote in a presidential election under this
chapter shall, not later than four p.m. of the thirtieth day prior to
the date of the presidential election, complete a certificate of intent
to vote for presidential and vice-presidential electors. The
certificate of intent shall be completed in duplicate on a form
prescribed by the secretary of state that may be obtained and filed
personally in the office of the board of elections of the county in
which such person last resided before removal from this state, or
mailed to such board of elections.
Immediately following the spaces on the certificate for inserting
information as requested by the secretary of state, the following
statement shall be printed: "I declare under penalty of election
falsification that the statements herein contained are true to the best
of my knowledge and belief; that I am legally qualified to vote; that I
am not registered to vote in any other state; and that I have not voted
in an election in any other state since removing myself from the state
of Ohio.
....................
signature of applicant
date
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."
HISTORY: 134 v S 460 (Eff 3-23-72); 146 v H 99 (Eff 8-22-95); 149 v H 5. Eff 8-28-2001.
§ 3504.03. Repealed.
Repealed, 135 v H 662, § 2 [133 v S 51; 134 v S 460]. Eff 9-27-74.
§ 3504.04. List of former resident voters at polling place.
On or before election day, the director of the board of elections shall
deliver to the polling place a list of persons who have filed
certificates of intent to vote as former resident voters and who
appear, from their voting address, entitled to vote at such polling
place. Those persons whose names appear on the list of former resident
voters, and who have otherwise complied with sections 3504.01 to
3504.06 of the Revised Code, shall then be entitled to vote for
presidential and vice-presidential electors only at their polling place
on election day or by absent voter's ballots. Such voter who votes at
that voter's polling place on election day shall sign that voter's name
in the poll book or poll list followed by, "Former Resident's
Presidential Ballot." Qualified former residents shall be entitled to
cast absent voter's ballots for presidential and vice-presidential
electors.
HISTORY: 133 v S 51 (Eff 11-19-69); 135 v H 662 (Eff 9-27-74); 138 v H 1062 (Eff 3-23-81); 146 v H 99. Eff 8-22-95.
§ 3504.05. Notification of state of prior residence.
The director of the board of elections shall forward copies of all
certificates of intent received from former residents to the secretary
of state no later than the twenty-fifth day prior to the day of the
election in which such former resident desires to vote. Upon receipt of
such certificate the secretary of state shall immediately notify the
chief elections officer of the state of each applicant's prior
residence of the fact that such applicant has declared his intention to
vote for presidential and vice-presidential electors in this state.
HISTORY: 133 v S 51 (Eff 11-19-69); 134 v S 460 (Eff 3-23-72); 135 v H 662. Eff 9-27-74.
§ 3504.06. Penalty.
A person who willfully makes a false statement or affidavit under
sections 3504.01 to 3504.06 of the Revised Code is guilty of a felony
of the fourth degree.
HISTORY: 133 v S 51 (Eff 11-19-69); 139 v S 199 (Eff 1-1-83); 146 v S 2. Eff 7-1-96.
§ 3504.07. Repealed.
Repealed, 133 v S 51, § 2 [128 v 258]. Eff 11-19-69.
CHAPTER 3505
GENERAL AND SPECIAL ELECTION BALLOTS
Section
3505.01. Form of official
ballots; certification of names of candidates; supplemental
certification.
3505.02. Former names to be printed on ballot.
[3505.02.1] 3505.021.Candidates with identical names.
3505.03. Office type ballot.
3505.04. Nonpartisan ballots.
3505.05. [Repealed]
3505.06. Questions and issues ballot.
[3505.06.1] 3505.061.Ballot board.
[3505.06.2] 3505.062.Duties of ballot board.
[3505.06.3] 3505.063.Proposed constitutional amendments filed with
secretary of state; preparation, filing of arguments.
3505.07. Separate ballots permitted.
[3505.07.1] 3505.071.Responsibilities in joint county school districts.
3505.08. Ballots provided for elections; sample ballots.
3505.09. Separate ballots for each precinct.
3505.10. Presidential ballot.
3505.11. Ballots in tablets.
3505.12. Ballots and instructions.
3505.13. Contract for printing ballots.
3505.14. Proofs of ballot.
3505.15. Packaging of ballots.
Casting and Counting Ballots.
3505.16. Ballot boxes and supplies.
3505.17. Lost ballots and supplies.
3505.18. Voting procedure.
3505.19. Registered elector may be challenged.
3505.20. Challenges.
3505.21. Challengers and witnesses.
3505.22. Impersonating an elector.
3505.23. Occupancy of
voting compartment; marking and return of ballot.
3505.24. Assistance
provided to elector with disability or illiterate elector.
3505.25. Unlawful possession of ballots.
3505.26. Procedure at close of polls.
3505.27. Counting of votes.
3505.28. Ballots not counted.
3505.29. Judges not to
separate or leave until counting completed.
3505.30. Summaries of
results; transmission to board; certification to secretary of state.
3505.31. Disposition of
ballots, pollbooks, poll lists or signature pollbooks, tally sheets.
3505.32. Canvass of returns.
3505.33. Board of elections
to declare the results; tie vote; abstracts and reports.
3505.34. Canvass of abstracts of votes for state offices.
3505.35. Canvass of
abstracts by secretary of state; declaration of results.
3505.36. Canvass of abstracts of district candidates.
3505.37. Canvass of
abstracts by board of elections of county wherein major portion of a
subdivision is located.
3505.38. Certificates of election.
3505.39. Meeting of presidential electors.
3505.40. Presidential
electors required to vote for party nominees.
§ 3505.01. Form of official ballots; certification of names of candidates; supplemental certification.
On the sixtieth day before the day of the next general election, the
secretary of state shall certify to the board of elections of each
county the forms of the official ballots to be used at that general
election, together with the names of the candidates to be printed on
those ballots whose candidacy is to be submitted to the electors of the
entire state. In the case of the presidential ballot for a general
election , that certification shall be made on the fifty-fifth day
before the day of the general election. On the seventy-fifth day before
a special election to be held on the day specified by division (E) of
section 3501.01 of the Revised Code for the holding of a primary
election, designated by the general assembly for the purpose of
submitting to the voters of the state constitutional amendments
proposed by the general assembly, the secretary of state shall certify
to the board of elections of each county the forms of the official
ballots to be used at that election.
The board of the most populous county in each district comprised of
more than one county but less than all of the counties of the state, in
which there are candidates whose candidacies are to be submitted to the
electors of that district, shall, on the sixtieth day before the day of
the next general election, certify to the board of each county in the
district the names of those candidates to be printed on such ballots.
The board of a county in which the major portion of a subdivision,
located in more than one county, is located shall, on the sixtieth day
before the day of the next general election, certify to the board of
each county in which other portions of that subdivision are located the
names of candidates whose candidacies are to be submitted to the
electors of that subdivision, to be printed on such ballots.
If, subsequently to the sixtieth day before, or in the case of a
presidential ballot for a general election the fifty-fifth day before,
and prior to the tenth day before the day of a general election, a
certificate is filed with the secretary of state to fill a vacancy
caused by the death of a candidate, the secretary of state shall
forthwith make a supplemental certification to the board of each county
amending and correcting the secretary of state's original certification
provided for in the first paragraph of this section. If, within that
time, such a certificate is filed with the board of the most populous
county in a district comprised of more than one county but less than
all of the counties of the state, or with the board of a county in
which the major portion of the population of a subdivision, located in
more than one county, is located, the board with which the certificate
is filed shall forthwith make a supplemental certification to the board
of each county in the district or to the board of each county in which
other portions of the subdivision are located, amending and correcting
its original certification provided for in the second and third
paragraphs of this section. If, at the time such supplemental
certification is received by a board, ballots carrying the name of the
deceased candidate have been printed, the board shall cause strips of
paper bearing the name of the candidate certified to fill the vacancy
to be printed and pasted on those ballots so as to cover the name of
the deceased candidate, except that in voting places using marking
devices, the board shall cause strips of paper bearing the revised list
of candidates for the office, after certification of a candidate to
fill the vacancy, to be printed and pasted on the ballot cards so as to
cover the names of candidates shown prior to the new certification,
before such ballots are delivered to electors.
HISTORY: GC § 4785-98; 113 v 307(352), § 98; 118 v 223; 122 v
103(123), § 8; Bureau of Code Revision, 10-1-53; 126 v 1117; 128 v
82 (Eff 9-28-59); 132 v H 934 (Eff 5-31-68); 133 v H 1 (Eff 3-18-69);
135 v H 662 (Eff 9-27-74); 140 v S 213 (Eff 10-13-83); 145 v S 150. Eff
12-29-93; 150 v H 95, § 1, eff. 9-26-03.
§ 3505.02. Former names to be printed on ballot.
Any former names which have been declared or submitted in accordance
with section 3513.06 of the Revised Code shall be printed on the ballot
in parentheses directly below the present name of such person. This
section applies to both primary and general election ballots.
HISTORY: GC § 4785-98a; 118 v 81; Bureau of Code Revision, 10-1-53; 125 v 713(751); 127 v 741. Eff 1-1-58.
[§ 3505.02.1] § 3505.021. Candidates with identical names.
In the event two or more persons with identical given names and
surnames run for the same office in a general or special election on
the same ballot, the names of the candidates shall be differentiated on
the ballot by varying combinations of first and middle names and
initials. Immediately after it becomes known that two or more persons
with the same given name and surname are to be candidates on the same
ballot for the same office, the director of the board of elections for
local, municipal, county, general, or special elections, or the
director of the board of elections of the most populous county for
district, general, or special elections, or the secretary of state for
statewide general and special elections shall notify the persons with
identical given name and surnames that the names of such persons will
be differentiated on the ballot. If one of the candidates is an
incumbent who is a candidate to succeed himself for the office he
occupies, he shall have first choice of the name by which he is
designated on the ballot. If an incumbent does not make a choice within
two days after notification or if none of the candidates is an
incumbent, the board of elections within three days after notification
shall designate the names by which the candidates are identified on the
ballot. In case of a district candidate the board of elections in the
most populous county of the district shall make the determination. In
case of statewide candidates, or in case any board of elections fails
to make a designation within three days after notification, the
secretary of state shall immediately make the determination.
"Notification" as required by this section shall be by the clerk of the
board of elections or secretary of state by special delivery mail or
telegram at the candidate's address listed in his declaration of
candidacy or petition of candidacy.
HISTORY: 130 v 825 (Eff 9-30-63); 138 v H 1062. Eff 3-23-81.
§ 3505.03. Office type ballot.
On the office type ballot shall be printed the names of all candidates
for election to offices, except judicial offices, who were nominated at
the most recent primary election as candidates of a political party or
who were nominated in accordance with section 3513.02 of the Revised
Code, and the names of all candidates for election to offices who were
nominated by nominating petitions, except candidates for judicial
offices, for member of the state board of education, for member of a
board of education, for municipal offices, and for township offices.
The face of the ballot below the stub shall be substantially in the following form:
"OFFICIAL OFFICE TYPE BALLOT
(A) To vote for a candidate record your vote
in the manner provided next to the name of such candidate.
(B) If you tear, soil, deface, or erroneously
mark this ballot, return it to the precinct election officers or, if
you cannot return it, notify the precinct election officers, and obtain
another ballot."
The order in which the offices shall be listed on the ballot shall be
prescribed by, and certified to each board of elections by, the
secretary of state; provided that for state, district, and county
offices the order from top to bottom shall be as follows: governor and
lieutenant governor, attorney general, auditor of state, secretary of
state, treasurer of state, United States senator, representative to
congress, state senator, state representative, county commissioner,
county auditor, prosecuting attorney, clerk of the court of common
pleas, sheriff, county recorder, county treasurer, county engineer, and
coroner. The offices of governor and lieutenant governor shall be
printed on the ballot in a manner that requires a voter to cast one
vote jointly for the candidates who have been nominated by the same
political party or petition.
The names of all candidates for an office shall be arranged in a group
under the title of that office, and, except for absentee ballots or
when the number of candidates for a particular office is the same as
the number of candidates to be elected for that office, shall be
rotated from one precinct to another. On absentee ballots, the names of
all candidates for an office shall be arranged in a group under the
title of that office and shall be so alternated that each name shall
appear, insofar as may be reasonably possible, substantially an equal
number of times at the beginning, at the end, and in each intermediate
place, if any, of the group in which such name belongs, unless the
number of candidates for a particular office is the same as the number
of candidates to be elected for that office.
The method of printing the ballots to meet the rotation requirement of
this section shall be as follows: the least common multiple of the
number of names in each of the several groups of candidates shall be
used, and the number of changes made in the printer's forms in printing
the ballots shall correspond with that multiple. The board of elections
shall number all precincts in regular serial sequence. In the first
precinct, the names of the candidates in each group shall be listed in
alphabetical order. In each succeeding precinct, the name in each group
that is listed first in the preceding precinct shall be listed last,
and the name of each candidate shall be moved up one place. In each
precinct using paper ballots, the printed ballots shall then be
assembled in tablets.
Under the name of each candidate nominated at a primary election and
each candidate certified by a party committee to fill a vacancy under
section 3513.31 of the Revised Code shall be printed, in less prominent
type face than that in which the candidate's name is printed, the name
of the political party by which the candidate was nominated or
certified. Under the name of each candidate appearing on the ballot who
filed a nominating petition and requested a ballot designation as a
nonparty candidate under section 3513.257 [3513.25.7] of the Revised
Code shall be printed, in less prominent type face than that in which
the candidate's name is printed, the designation of "nonparty
candidate." Under the name of each candidate appearing on the ballot
who filed a nominating petition and requested a ballot designation as
an other-party candidate under section 3513.257 [3513.25.7] of the
Revised Code shall be printed, in less prominent type face than that in
which the candidate's name is printed, the designation of "other-party
candidate." No designation shall appear under the name of a candidate
appearing on the ballot who filed a nominating petition and requested
that no ballot designation appear under the candidate's name under
section 3513.257 [3513.25.7] of the Revised Code, or who filed a
nominating petition and failed to request a ballot designation either
as a nonparty candidate or as an other-party candidate under that
section.
Except as provided in this section, no words, designations, or emblems
descriptive of a candidate or the candidate's political affiliation, or
indicative of the method by which the candidate was nominated or
certified, shall be printed under or after a candidate's name that is
printed on the ballot.
HISTORY: GC § 4785-99; 113 v 307(352), § 99; 119 v 748; 122 v
325(342); 124 v 673(690); Bureau of Code Revision, 10-1-53; 125 v
713(751); 126 v 655(692); 128 v 1019 (Eff 11-2-59); 133 v S 17 (Eff
10-30-69); 136 v H 1165 (Eff 4-5-76); 136 v S 457 (Eff 4-14-76); 137 v
S 115 (Eff 3-10-78); 141 v H 555 (Eff 2-26-86); 146 v H 99 (Eff
8-22-95); 149 v H 445. Eff 12-23-2002.
§ 3505.04. Nonpartisan ballots.
On the nonpartisan ballot shall be printed the names of all nonpartisan
candidates for election to judicial office, office of member of the
state board of education, office of member of a board of education,
municipal or township offices for municipal corporations and townships
in which primary elections are not held for nomination of candidates by
political parties, and municipal offices of municipal corporations
having charters which provide for separate ballots for elections for
such municipal offices.
Such ballots shall have printed across the top, and below the stubs, "Official Nonpartisan Ballot."
The order in which the offices are listed on the ballot shall be
prescribed by, and certified to each board of elections by, the
secretary of state; provided that the office of member of the state
board of education shall be listed first on the ballot, then state,
district, and county judicial offices shall be listed on the ballot in
such order, followed by municipal and township offices, and by offices
of member of a board of education, in the order stated.
Within the rectangular space within which the title of each judicial
office is printed on the ballot and immediately below such title shall
be printed the date of the commencement of the term of the office, if a
full term, as follows: "Full term commencing ...... (Date)
...... ," or the date of the end of the term of the office, if an
unexpired term, as follows: "Unexpired term ending ......
(Date) ...... " The secretary of state shall prescribe the
information and directions to the voter to be printed on the ballot
within the rectangular space in which the title of office of member of
the state board of education appears.
Within the rectangular space within which the title of each office for
member of a board of education is printed on the ballot shall be
printed "For Member of Board of Education," and the number to be
elected, directions to the voter as to voting for one, two, or more,
and, if the office to be voted for is member of a board of education of
a city school district, words shall be printed in said space on the
ballot to indicate whether candidates are to be elected from
subdistricts or at large.
The names of all nonpartisan candidates for an office shall be arranged
in a group under the title of that office, and shall be rotated and
printed on the ballot as provided in section 3505.03 of the Revised
Code.
No name or designation of any political party nor any words,
designations, or emblems descriptive of a candidate or his political
affiliation, or indicative of the method by which such candidate was
nominated or certified, shall be printed under or after any nonpartisan
candidate's name which is printed on the ballot.
HISTORY: GC § 4785-101; 113 v 307(353), § 101; 122 v
325(343); 124 v 673(691); Bureau of Code Revision, 10-1-53; 125 v
713(753); 126 v 655(694) (Eff 7-12-55); 133 v S 17 (Eff 10-30-69); 136
v H 1165 (Eff 4-5-76); 136 v S 457 (Eff 4-14-76); 138 v H 1062. Eff
3-23-81.
§ 3505.05. Repealed.
Repealed, 129 v 1223(1226), § 2 [GC § 4785-101a; 124 v
673(692); Bureau of Code Revision, 10-1-53; 126 v 205]. Eff 8-10-61.
§ 3505.06. Questions and issues ballot.
(A) On the questions and issues ballot
shall be printed all questions and issues to be submitted at any one
election together with the percentage of affirmative votes necessary
for passage as required by law. Such ballots shall have printed across
the top thereof, and below the stubs, "Official Questions and Issues
Ballot."
(B)
(1)
Questions and issues shall be grouped together on the ballot from top
to bottom as provided in division (B)(1) of this section, except as
otherwise provided in division (B)(2) of this section. State questions
and issues shall always appear as the top group of questions and
issues. In calendar year 1997, the following questions and issues shall
be grouped together on the ballot, in the following order from top to
bottom, after the state questions and issues:
(a) County questions and issues;
(b) Municipal questions and issues;
(c) Township questions and issues;
(d) School or other district questions and issues.
In each succeeding calendar year after 1997, each group of questions
and issues described in division (B)(1)(a) to (d) of this section shall
be moved down one place on the ballot except that the group that was
last on the ballot during the immediately preceding calendar year shall
appear at the top of the ballot after the state questions and issues.
The rotation shall be performed only once each calendar year, beginning
with the first election held during the calendar year. The rotation of
groups of questions and issues shall be performed during each calendar
year as required by division (B)(1) of this section, even if no
questions and issues from any one or more such groups appear on the
ballot at any particular election held during that calendar year.
(2) Questions
and issues shall be grouped together on the ballot, from top to bottom,
in the following order when it is not practicable to group them
together as required by division (B)(1) of this section because of the
type of voting machines used by the board of elections: state questions
and issues, county questions and issues, municipal questions and
issues, township questions and issues, and school or other district
questions and issues. The particular order in which each of a group of
state questions or issues is placed on the ballot shall be determined
by, and certified to each board of elections by, the secretary of
state.
(3) Failure of
the board of elections to rotate questions and issues as required by
division (B)(1) of this section does not affect the validity of the
election at which the failure occurred, and is not grounds for
contesting an election under section 3515.08 of the Revised Code.
(C) The particular order in which each
of a group of county, municipal, township, or school district questions
or issues is placed on the ballot shall be determined by the board
providing the ballots.
(D) The printed matter pertaining to
each question or issue on the ballot shall be enclosed at the top and
bottom thereof by a heavy horizontal line across the width of the
ballot. Immediately below such top line shall be printed a brief title
descriptive of the question or issue below it, such as "Proposed
Constitutional Amendment," "Proposed Bond Issue," "Proposed Annexation
of Territory," "Proposed Increase in Tax Rate," or such other brief
title as will be descriptive of the question or issue to which it
pertains, together with a brief statement of the percentage of
affirmative votes necessary for passage, such as "A sixty-five per cent
affirmative vote is necessary for passage," "A majority vote is
necessary for passage," or such other brief statement as will be
descriptive of the percentage of affirmative votes required.
(E) The questions and issues ballot need
not contain the full text of the proposal to be voted upon. A condensed
text that will properly describe the question, issue, or an amendment
proposed by other than the general assembly shall be used as prepared
and certified by the secretary of state for state-wide questions or
issues or by the board for local questions or issues. If other than a
full text is used, the full text of the proposed question, issue, or
amendment together with the percentage of affirmative votes necessary
for passage as required by law shall be posted in each polling place in
some spot that is easily accessible to the voters.
(F) Each question and issue appearing on
the questions and issues ballot may be consecutively numbered. The
question or issue determined to appear at the top of the ballot may be
designated on the face thereof by the Arabic numeral "1" and all
questions and issues placed below on the ballot shall be consecutively
numbered. Such numeral shall be placed below the heavy top horizontal
line enclosing such question or issue and to the left of the brief
title thereof.
HISTORY: GC § 4785-103; 113 v 307(354), § 103; 122 v
325(344); 123 v 27; 124 v 673(693); Bureau of Code Revision, 10-1-53;
125 v 713(754) (Eff 1-1-54); 135 v H 1477 (Eff 6-29-74); 146 v S 261.
Eff 11-20-96.
[§ 3505.06.1] § 3505.061. Ballot board.
(A) The Ohio ballot board, as authorized
by Section 1 of Article XVI, Ohio Constitution, shall consist of the
secretary of state and four appointed members. No more than two of the
appointed members shall be of the same political party. One of the
members shall be appointed by the president of the senate, one shall be
appointed by the minority leader of the senate, one shall be appointed
by the speaker of the house of representatives, and one shall be
appointed by the minority leader of the house of representatives. The
appointments shall be made no later than the last Monday in January in
the year in which the appointments are to be made. If any appointment
is not so made, the secretary of state, acting in place of the person
otherwise required to make the appointment, shall appoint as many
qualified members affiliated with the appropriate political party as
are necessary.
(B)
(1) The
initial appointees to the board shall serve until the first Monday in
February, 1977. Thereafter, terms of office shall be for four years,
each term ending on the first Monday in February. The term of the
secretary of state on the board shall coincide with the secretary of
state's term of office. Except as otherwise provided in division (B)(2)
of this section, division (B)(2) of section 3505.063 [3505.06.3], and
division (B)(2) of section 3519.03 of the Revised Code, each appointed
member shall hold office from the date of appointment until the end of
the term for which the member was appointed. Except as otherwise
provided in those divisions, any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of that
term. Except as otherwise provided in those divisions, any member shall
continue in office subsequent to the expiration date of the member's
term until the member's successor takes office or a period of sixty
days has elapsed, whichever occurs first. Any vacancy occurring on the
board shall be filled in the manner provided for original appointments.
A member appointed to fill a vacancy shall be of the same political
party as that required of the member whom the member replaces.
(2) The term of
office of a member of the board who also is a member of the general
assembly and who was appointed to the board by the president of the
senate, the minority leader of the senate, the speaker of the house of
representatives, or the minority leader of the house of representatives
shall end on the earlier of the following dates:
(a) The ending date of the ballot board term for which the member was
appointed;
(b) The ending date of the member's term as a member of the general
assembly.
(C) Members of the board shall serve
without compensation but shall be reimbursed for expenses actually and
necessarily incurred in the performance of their duties.
(D) The secretary of state shall be the
chairperson of the board, and the secretary of state or the secretary
of state's representative shall have a vote equal to that of any other
member. The vice-chairperson shall act as chairperson in the absence or
disability of the chairperson, or during a vacancy in that office. The
board shall meet after notice of at least seven days at a time and
place determined by the chairperson. At its first meeting, the board
shall elect a vice-chairperson from among its members for a term of two
years, and it shall adopt rules for its procedures. After the first
meeting, the board shall meet at the call of the chairperson or upon
the written request of three other members. Three members constitute a
quorum. No action shall be taken without the concurrence of three
members.
(E) The secretary of state shall provide
technical, professional, and clerical employees as necessary for the
board to carry out its duties.
HISTORY: 135 v H 1477 (Eff 6-29-74); 137 v S 115 (Eff 1-8-79); 149 v H 445. Eff 12-23-2002; 150 v H 95, § 1, eff. 9-26-03.
[§ 3505.06.2] § 3505.062. Duties of ballot board.
The Ohio ballot board shall do all of the following:
(A) Prescribe the ballot language for
constitutional amendments proposed by the general assembly to be
printed on the questions and issues ballot, which language shall
properly identify the substance of the proposal to be voted upon;
(B) Prepare an explanation of each
constitutional amendment proposed by the general assembly, which
explanation may include the purpose and effects of the proposed
amendment;
(C) Certify the ballot language and
explanation, if any, to the secretary of state no later than eighty
days before the election at which the proposed question or issue is to
be submitted to the voters;
(D) Prepare, or designate a group of persons
to prepare, arguments in support of or in opposition to a
constitutional amendment proposed by a resolution of the general
assembly, a constitutional amendment or state law proposed by
initiative petition, or a state law, or section or item of state law,
subject to a referendum petition, if the persons otherwise responsible
for the preparation of those arguments fail to timely prepare and file
them;
(E) Direct the means by which the secretary of
state shall disseminate information concerning proposed constitutional
amendments to the voters;
(F) Direct the chairperson to reimburse county
boards of elections for public notice costs associated with statewide
ballot issues, to the extent that the general assembly appropriates
money for that purpose.
HISTORY: 135 v H 1477 (Eff 6-29-74); 138 v H 1062 (Eff 3-23-81); 146 v S 162 (Eff 10-29-95); 149 v H 445. Eff 12-23-2002.
[§ 3505.06.3] § 3505.063. Proposed
constitutional amendments filed with secretary of state; preparation,
filing of arguments.
(A) When the general assembly adopts a
resolution proposing a constitutional amendment, it may, by resolution,
designate a group of members who voted in support of the resolution to
prepare arguments for the proposed amendment, and a group of members
who voted in opposition to the resolution to prepare arguments against
the proposed amendment. If no members voted in opposition to the
resolution, or if the general assembly chooses not to designate a group
of members to prepare arguments for the proposed amendment or chooses
not to designate a group of members to prepare arguments against the
proposed amendment, the Ohio ballot board shall prepare or designate a
group of persons to prepare the relevant arguments. All arguments
prepared under this division shall be filed with the secretary of state
no later than seventy-five days before the date of the election. No
argument shall exceed three hundred words.
(B)
(1) If the
group of members of the general assembly or other group of persons
designated under division (A) of this section fail to prepare and file
their arguments in support of or in opposition to the proposed
amendment by the seventy-fifth day before the date of the election, the
secretary of state shall notify the Ohio ballot board that those
arguments have not been so prepared and filed. The board then shall
prepare the missing arguments or designate a group of persons to
prepare those arguments. All arguments prepared under this division
shall be filed with the secretary of state no later than seventy days
before the date of the election. No argument shall exceed three hundred
words.
(2) If the Ohio
ballot board fails to provide for the preparation of missing arguments
under division (B)(1) of this section after being notified by the
secretary of state that one or more arguments have not been timely
prepared and filed, the positions of the four appointed members of the
board shall be considered vacant, and new members shall be appointed in
the manner provided for original appointments.
(C) The secretary of state shall
disseminate information, which may include part or all of the official
explanation and arguments concerning proposed amendments, by means of
direct mail or other written publication, broadcast, or other means or
combination of means, as the Ohio ballot board may direct, in order to
inform the voters as fully as possible concerning proposed amendments.
HISTORY: 135 v H 1477 (Eff 6-29-74); 141 v H 201 (Eff 7-1-85); 149 v H 94 (Eff 9-5-2001); 149 v H 445. Eff 12-23-2002.
§ 3505.07. Separate ballots permitted.
(A) If the board of elections, by a
unanimous vote of its members, or if the secretary of state, in the
secretary of state's sole discretion, finds it impracticable to place
the names of candidates for any office of a minor political subdivision
in the county or the wording of any question or issue to be voted upon
in such minor political subdivision on the ballots under sections
3505.01 to 3505.09 of the Revised Code, then such board may, or at the
direction of the secretary of state shall, provide separate ballots for
the candidates, question, or issue.
(B) If the secretary of state, in the
secretary of state's sole discretion, determines that it is
impracticable to place the names of candidates for any office or the
wording for any question or issue to be voted upon on the ballot when
the candidates, question, issue, or wording for the question or issue
was ordered onto the ballot by a court of competent jurisdiction and
the ballots have been printed prior to the court order, the board of
elections, at the direction of the secretary of state, shall provide
separate ballots for the candidates, question, or issue.
(C) All separate ballots provided for in
this section shall conform in quality of paper, style of printing, form
of ballot, arrangement of names, and in all other ways, in so far as
practicable, with the provisions relating to the printing of the
general official ballot. Separate ballot boxes shall be provided for
each such separate kind of ballot.
HISTORY: GC § 4785-104; 113 v 307(355), § 104; Bureau of Code Revision (Eff 10-1-53); 146 v H 99. Eff 8-22-95.
[§ 3505.07.1] § 3505.071. Responsibilities in joint county school districts.
In the event that a school district extends into one or more counties,
upon the filing of any resolution or candidate's petitions in the
county containing the most populous portion of the school district,
such county board of elections shall, within ten days after such
filing, send to all other boards of elections of counties having
territory within the school district, notice of such filing. The county
containing the most populous portion of the school district shall
furnish all ballots for school questions and issues for the school
district.
In the event that a regional transit authority includes territory in
more than one county, any resolution, petition, or other action
providing for a referendum or other election concerning the transit
authority shall be filed with the board of elections of the county
containing the most populous portion of the regional transit authority,
and such board of elections shall, within ten days after such filing,
send to the boards of elections of all other counties having territory
within the regional transit authority notice of such filing and shall
furnish all ballots for such election.
HISTORY: 125 v 713(755); 126 v 205 (Eff 1-1-56); 135 v S 544. Eff 6-29-74.
§ 3505.08. Ballots provided for elections; sample ballots.
(A) Ballots shall be provided by the
board of elections for all general and special elections. The ballots
shall be printed with black ink on No. 2 white book paper fifty pounds
in weight per ream assuming such ream to consist of five hundred sheets
of such paper twenty-five by thirty-eight inches in size. Each ballot
shall have attached at the top two stubs, each of the width of the
ballot and not less than one-half inch in length, except that, if the
board of elections has an alternate method to account for the ballots
that the secretary of state has authorized, each ballot may have only
one stub that shall be the width of the ballot and not less than
one-half inch in length. In the case of ballots with two stubs, the
stubs shall be separated from the ballot and from each other by
perforated lines. The top stub shall be known as Stub B and shall have
printed on its face "Stub B." The other stub shall be known as Stub A
and shall have printed on its face "Stub A." Each stub shall also have
printed on its face "Consecutive Number ......"
Each ballot of each kind of ballot provided
for use in each precinct shall be numbered consecutively beginning with
number 1 by printing such number upon both of the stubs attached to the
ballot. On ballots bearing the names of candidates, each candidate's
name shall be printed in twelve point boldface upper case type in an
enclosed rectangular space, and an enclosed blank rectangular space
shall be provided at the left of the candidate's name. The name of the
political party of a candidate nominated at a primary election or
certified by a party committee shall be printed in ten point lightface
upper and lower case type and shall be separated by a two point blank
space. The name of each candidate shall be indented one space within
the enclosed rectangular space, and the name of the political party
shall be indented two spaces within the enclosed rectangular space.
The title of each office on the ballots shall
be printed in twelve point boldface upper and lower case type in a
separate enclosed rectangular space. A four point rule shall separate
the name of a candidate or a group of candidates for the same office
from the title of the office next appearing below on the ballot ; a two
point rule shall separate the title of the office from the names of
candidates; and a one point rule shall separate names of candidates.
Headings shall be printed in display Roman type. When the names of
several candidates are grouped together as candidates for the same
office, there shall be printed on the ballots immediately below the
title of the office and within the separate rectangular space in which
the title is printed "Vote for not more than ......," in six
point boldface upper and lower case filling the blank space with that
number which will indicate the number of persons who may be lawfully
elected to the office.
Columns on ballots shall be separated from
each other by a heavy vertical border or solid line at least one-eighth
of an inch wide, and a similar vertical border or line shall enclose
the left and right side of ballots. Ballots shall be trimmed along the
sides close to such lines.
The ballots provided for by this section shall
be comprised of four kinds of ballots designated as follows: office
type ballot; nonpartisan ballot; questions and issues ballot; and
presidential ballot.
On the back of each office type ballot shall
be printed "Official Office Type Ballot;" on the back of each
nonpartisan ballot shall be printed "Official Nonpartisan Ballot;" on
the back of each questions and issues ballot shall be printed "Official
Questions and Issues Ballot;" and on the back of each presidential
ballot shall be printed "Official Presidential Ballot." On the back of
every ballot also shall be printed the date of the election at which
the ballot is used and the facsimile signatures of the members of the
board of the county in which the ballot is used. For the purpose of
identifying the kind of ballot, the back of every ballot may be
numbered in the order the board shall determine. The numbers shall be
printed in not less than thirty-six point type above the words
"Official Office Type Ballot," "Official Nonpartisan Ballot," "Official
Questions and Issues Ballot," or "Official Presidential Ballot," as the
case may be. Ballot boxes bearing corresponding numbers shall be
furnished for each precinct in which the above - described numbered
ballots are used.
On the back of every ballot used, there shall
be a solid black line printed opposite the blank rectangular space that
is used to mark the choice of the voter. This line shall be printed
wide enough so that the mark in the blank rectangular space will not be
visible from the back side of the ballot.
Sample ballots may be printed by the board of
elections for all general elections. The ballots shall be printed on
colored paper, and "Sample Ballot" shall be plainly printed in boldface
type on the face of each ballot. In counties of less than one hundred
thousand population, the board may print not more than five hundred
sample ballots; in all other counties, it may print not more than one
thousand sample ballots. The sample ballots shall not be distributed by
a political party or a candidate, nor shall a political party or
candidate cause their title or name to be imprinted on sample ballots.
(B) Notwithstanding division (A) of this
section, in approving the form of an official ballot, the secretary of
state may authorize the use of fonts, type face settings, and ballot
formats other than those prescribed in that division.
HISTORY: GC § 4785-105; 113 v 307(355), § 105; 122 v
103(124), § 9; 124 v 673(694); Bureau of Code Revision, 10-1-53;
125 v 713(755); 126 v 205; 128 v 29 (Eff 9-14-59); 131 v 871 (Eff
11-11-65); 146 v H 99. Eff 8-22-95; 150 v H 95, § 1, eff. 9-26-03.
§ 3505.09. Separate ballots for each precinct.
In election precincts composed of a township or a part thereof, and a
municipal corporation or a part thereof, separate ballots for each
precinct shall be provided for all elections, so as to enable electors
residing in such precincts to cast their votes for the proper
candidates in such precincts. Separate ballots shall be provided for
each district portion of each precinct which shall contain the names of
the candidates for members of the board of education for whom the
electors residing in such district are entitled to vote. In the case of
overlapping school districts, the ballots shall be so printed as to
plainly identify each district for which candidates are to be chosen.
HISTORY: GC § 4785-106; 113 v 307(357), § 106; 119 v 264; Bureau of Code Revision. Eff 10-1-53.
§ 3505.10. Presidential ballot.
(A) On the presidential ballot below the
stubs at the top of the face of the ballot shall be printed "Official
Presidential Ballot" centered between the side edges of the ballot.
Below "Official Presidential Ballot" shall be printed a heavy line
centered between the side edges of the ballot. Below the line shall be
printed "Instruction to Voters" centered between the side edges of the
ballot, and below those words shall be printed the following
instructions:
(1) To vote for
the candidates for president and vice-president whose names are printed
below, record your vote in the manner provided next to the names of
such candidates. That recording of the vote will be counted as a vote
for each of the candidates for presidential elector whose names have
been certified to the secretary of state and who are members of the
same political party as the nominees for president and vice-president.
A recording of the vote for independent candidates for president and
vice-president shall be counted as a vote for the presidential electors
filed by such candidates with the secretary of state.
(2) To vote for
candidates for president and vice-president in the blank space below,
record your vote in the manner provided and write the names of your
choice for president and vice-president under the respective headings
provided for those offices. Such write-in will be counted as a vote for
the candidates' presidential electors whose names have been properly
certified to the secretary of state.
(3) If you tear,
soil, deface, or erroneously mark this ballot, return it to the
precinct election officers or, if you cannot return it, notify the
precinct election officers, and obtain another ballot."
(B) Below those instructions to the
voter shall be printed a single vertical column of enclosed rectangular
spaces equal in number to the number of presidential candidates plus
one additional space for write-in candidates. Each of those rectangular
spaces shall be enclosed by a heavy line along each of its four sides,
and such spaces shall be separated from each other by one-half inch of
open space.
In each of those enclosed rectangular spaces,
except the space provided for write-in candidates, shall be printed the
names of the candidates for president and vice-president certified to
the secretary of state or nominated in one of the following manners:
(1) Nominated by
the national convention of a political party to which delegates and
alternates were elected in this state at the next preceding primary
election. A political party certifying candidates so nominated shall
certify the names of those candidates to the secretary of state on or
before the sixtieth day before the day of the general election.
(2) Nominated by
nominating petition in accordance with section 3513.257 [3513.25.7] of
the Revised Code. Such a petition shall be filed on or before the
seventy-fifth day before the day of the general election to provide
sufficient time to verify the sufficiency and accuracy of signatures on
it.
(3) Certified to
the secretary of state for placement on the presidential ballot by
authorized officials of an intermediate or minor political party that
has held a state or national convention for the purpose of choosing
those candidates or that may, without a convention, certify those
candidates in accordance with the procedure authorized by its party
rules. The officials shall certify the names of those candidates to the
secretary of state on or before the sixtieth day before the day of the
general election. The certification shall be accompanied by a
designation of a sufficient number of presidential electors to satisfy
the requirements of law.
The names of
candidates for electors of president and vice-president shall not be
placed on the ballot, but shall be certified to the secretary of state
as required by sections 3513.11 and 3513.257 [3513.25.7] of the Revised
Code. A vote for any candidates for president and vice-president shall
be a vote for the electors of those candidates whose names have been
certified to the secretary of state.
(C) The arrangement of the printing in
each of the enclosed rectangular spaces shall be substantially as
follows: Near the top and centered within the rectangular space shall
be printed "For President" in ten-point boldface upper and lower case
type. Below "For President" shall be printed the name of the candidate
for president in twelve-point boldface upper case type. Below the name
of the candidate for president shall be printed the name of the
political party by which that candidate for president was nominated in
eight-point lightface upper and lower case type. Below the name of such
political party shall be printed "For Vice-President" in ten-point
boldface upper and lower case type. Below "For Vice-President" shall be
printed the name of the candidate for vice-president in twelve-point
boldface upper case type. Below the name of the candidate for
vice-president shall be printed the name of the political party by
which that candidate for vice-president was nominated in eight-point
lightface upper and lower case type. No political identification or
name of any political party shall be printed below the names of
presidential and vice-presidential candidates nominated by petition.
The rectangular spaces on the ballot described
in this section shall be rotated and printed as provided in section
3505.03 of the Revised Code.
HISTORY: GC § 4758-107; 113 v 307(357), § 107; 122 v
325(344); 124 v 673(695); Bureau of Code Revision, 10-1-53; 126 v 205
(Eff 1-1-56); 133 v S 19 (Eff 10-30-69); 134 v S 460 (Eff 3-23-72); 135
v H 1 (Eff 3-22-73); 136 v H 1165 (Eff 4-5-76); 136 v S 457 (Eff
4-14-76); 141 v S 185 (Eff 3-23-87); 142 v H 231 (Eff 10-5-87); 146 v H
99. Eff 8-22-95; 150 v H 95, § 1, eff. 9-26-03.
§ 3505.11. Ballots in tablets.
(A) The ballots, with the stubs
attached, shall be bound into tablets for each precinct, which tablets
shall contain at least one per cent more ballots than the total
registration in the precinct, except as otherwise provided in division
(B) of this section. Upon the covers of the tablets shall be written,
printed, or stamped the designation of the precinct for which the
ballots have been prepared. All official ballots shall be printed
uniformly upon the same kind and quality of paper and shall be of the
same shape, size, and type.
Electors who have failed to respond within
thirty days to any confirmation notice shall not be counted in
determining the number of ballots to be printed under this section.
(B)
(1) A
board of elections may choose to provide ballots on demand. If a board
so chooses, the board shall have prepared for each precinct at least
five per cent more ballots for an election than the number specified
below for that kind of election:
(a) For a primary election or a special election held on the day of a
primary election, the total number of electors in that precinct who
voted in the primary election held four years previously;
(b) For a general election or a special election held on the day of a
general election, the total number of electors in that precinct who
voted in the general election held four years previously;
(c) For a special election held at any time other than on the day of a
primary or general election, the total number of electors in that
precinct who voted in the most recent primary or general election,
whichever of those elections occurred in the precinct most recently.
(2) If, after
the board complies with the requirements of division (B)(1) of this
section, the election officials of a precinct determine that the
precinct will not have enough ballots to enable all the qualified
electors in the precinct who wish to vote at a particular election to
do so, the officials shall request that the board provide additional
ballots, and the board shall provide enough additional ballots, to that
precinct in a timely manner so that all qualified electors in that
precinct who wish to vote at that election may do so.
HISTORY: GC § 4785-111; 113 v 307(358), § 111; Bureau of Code
Revision, 10-1-53; 137 v S 125 (Eff 5-27-77); 140 v H 402 (Eff
3-19-84); 145 v S 300 (Eff 1-1-95); 148 v H 228. Eff 10-29-99.
§ 3505.12. Ballots and instructions.
The board of elections shall cause to be printed in English in twelve
point type on paper or cardboard instructions as issued by the
secretary of state for the guidance of electors in marking their
ballots. Such instructions shall inform the voters as to how to prepare
the ballots for voting, how to obtain a new ballot in case of
accidentally spoiling one, and, in a smaller type, a summary of the
important sections of the penal law relating to crimes against the
elective franchise. The precinct election officials shall cause to be
posted immediately in front of or on the polling place and in each
voting shelf one or more of such cards of instructions.
HISTORY: GC § 4785-112; 113 v 307(358), § 112; Bureau of Code Revision. Eff 10-1-53.
§ 3505.13. Contract for printing ballots.
A contract for the printing of ballots involving a cost in excess of
ten thousand dollars shall not be let until after five days' notice
published once in a leading newspaper published in the county or upon
notice given by mail by the board of elections, addressed to the
responsible printing offices within the state. Except as otherwise
provided in this section, each bid for such printing must be
accompanied by a bond with at least two sureties, or a surety company,
satisfactory to the board, in a sum double the amount of the bid,
conditioned upon the faithful performance of the contract for such
printing as is awarded and for the payment as damages by such bidder to
the board of any excess of cost over the bid which it may be obliged to
pay for such work by reason of the failure of the bidder to complete
the contract. No bid unaccompanied by such bond shall be considered by
the board. The board may, however, waive the requirement that each bid
be accompanied by a bond if the cost of the contract is ten thousand
dollars or less. The contract shall be let to the lowest responsible
bidder in the state. All ballots shall be printed within the state.
HISTORY: GC § 4785-114; 113 v 307(359), § 114; Bureau of Code
Revision, 10-1-53; 127 v 741 (Eff 1-1-58); 139 v H 598 (Eff 5-13-82);
141 v H 47. Eff 9-23-85.
§ 3505.14. Proofs of ballot.
After the letting of the contract for the printing of the ballots as
provided in section 3505.13 of the Revised Code, the board of elections
shall secure from the printer printed proofs of the ballot, and shall
notify the chairman of the local executive committee of each party or
group represented on the ballot by candidates or issues, and post such
proofs in a public place in the office of the board for a period of at
least twenty-four hours for inspection and correction of any errors
appearing thereon. The board shall cause such proofs to be read with
care and after correcting any errors shall return the corrected copy to
the printer.
HISTORY: GC § 4785-115; 113 v 307(359), § 115; Bureau of Code Revision. Eff 10-1-53.
§ 3505.15. Packaging of ballots.
The board of elections shall make adequate provision for the inspection
of the printing of the ballots. The person to whom the contract for
printing the ballots is let shall seal them securely in packages, one
package for each precinct in the county or civil division in which the
election is to be held, place a paper cover over them, and indicate on
such cover the number of ballots contained therein with a space to
indicate the precinct, and deliver them to the board at such time and
place as the board directs. The board, upon receiving such package,
shall give a receipt for the ballots indicating the number of ballots
in each package and the number of the precinct in each case.
HISTORY: GC § 4785-116; 113 v 307(359), § 116; Bureau of Code Revision. Eff 10-1-53.
——————————
CASTING AND COUNTING BALLOTS
§ 3505.16. Ballot boxes and supplies.
Before the opening of the polls, the package of supplies and the ballot
boxes shall be opened in the presence of the precinct officials. The
ballot boxes, the package of ballots, registration forms, and other
supplies shall at all times be in full sight of the challenger or
witnesses, and no ballot box or unused ballots during the balloting or
counting shall be removed or screened from their full sight until the
counting has been closed and the final returns completed and the
certificate signed by the judges and clerks.
HISTORY: GC § 4785-121; 113 v 307(363), § 121; Bureau of Code Revision. Eff 10-1-53.
§ 3505.17. Lost ballots and supplies.
If by accident or casualty the ballots or other required papers, lists,
or supplies are lost or destroyed, or in case none are delivered at the
polling place, or if during the time the polls are open additional
ballots or supplies are required, the board of elections, upon
requisition by telephone or in writing and signed by a majority of the
election judges of the precinct stating why such additional supplies
are needed, shall supply them as speedily as possible.
HISTORY: GC § 4785-122; 113 v 307(363), § 122; Bureau of Code Revision. Eff 10-1-53.
§ 3505.18. Voting procedure.
When an elector appears in a polling place to vote he shall announce
his full name and address to the precinct election officials. He shall
then write his name and address at the proper place in the poll lists
or signature pollbooks provided therefor, except that if, for any
reason, an elector shall be unable to write his name and address in the
poll list or signature pollbook, the elector may make his mark at the
place intended for his name and a precinct official shall write the
name of the elector at the proper place on the poll list or signature
pollbook following the elector's mark, upon the presentation of proper
identification. The making of such mark shall be attested by the
precinct official who shall evidence the same by signing his name on
the poll list or signature pollbook as a witness to such mark.
The elector's signature in the poll lists or signature pollbooks shall
then be compared with his signature on his registration form or a
digitized signature list as provided for in section 3503.13 of the
Revised Code, and if, in the opinion of a majority of the precinct
election officials, the signatures are the signatures of the same
person, the clerks shall enter the date of the election on the
registration form or shall record the date by such other means as may
be prescribed by the secretary of state. If the right of the elector to
vote is not then challenged, or, if being challenged, he establishes
his right to vote, he shall be allowed to proceed into the voting
machine. If voting machines are not being used in that precinct, the
judge in charge of ballots shall then detach the next ballots to be
issued to the elector from Stub B attached to each ballot, leaving Stub
A attached to each ballot, hand the ballots to the elector, and call
his name and the stub number on each of the ballots. The clerk shall
enter the stub numbers opposite the signature of the elector in the
pollbook. The elector shall then retire to one of the voting
compartments to mark his ballots. No mark shall be made on any ballot
which would in any way enable any person to identify the person who
voted the ballot.
HISTORY: GC § 4785-127; 113 v 307(365), § 127; 114 v
679(695); 116 v 68; 119 v 602; 122 v 325(348); 123 v 473; Bureau of
Code Revision, 10-1-53; 125 v 713(756) (Eff 1-1-54); 137 v S 125 (Eff
5-27-77); 138 v H 1062 (Eff 3-23-81); 144 v H 182. Eff 4-9-93.
§ 3505.19. Registered elector may be challenged.
Any person registered as an elector may be challenged by any qualified
elector as to his right to vote at any election. Such qualified elector
may, at any time during the year, either by appearing in person at the
office of the board of elections, or by letter addressed to the board,
challenge the right of such registered elector to vote. Any such
challenge must state the ground upon which the challenge is made, and
must be signed by the challenger giving his address and voting
precinct. If, after public hearing, of which both the challenger and
challenged shall be notified, the board is satisfied that the challenge
is well taken, the director shall so indicate on the registration cards
and he shall so notify in writing the judges and clerks of the
precinct. If such challenged person offers to vote at such election he
shall be examined as in the case of an original challenge. If such
person establishes, to the satisfaction of the judges and clerks, that
his disabilities have been removed and that he has a right to vote, he
shall be permitted to vote.
HISTORY: GC § 4785-128; 113 v 307(365), § 128; Bureau of Code Revision, 10-1-53; 138 v H 1062. Eff 3-23-81.
§ 3505.20. Challenges.
Any person offering to vote may be challenged at the polling place by
any challenger, any elector then lawfully in the polling place, or by
any judge or clerk of elections. If the board of elections has ruled on
the question presented by a challenge prior to election day, its
finding and decision shall be final and the presiding judge shall be
notified in writing. If the board has not ruled, the question shall be
determined as set forth in this section. If any person is so challenged
as unqualified to vote, the presiding judge shall tender the person the
following oath: "You do swear or affirm that you will fully and truly
answer all of the following questions put to you, touching your place
of residence and your qualifications as an elector at this election."
(A) If the person is challenged as unqualified
on the ground that the person is not a citizen, the judges shall put
the following questions:
(1) Are you a citizen of the United States?
(2) Are you a native or naturalized citizen?
(3) Where were you born?
If the person
offering to vote claims to be a naturalized citizen of the United
States, the person shall, before the vote is received, either produce
for inspection of the judges a certificate of naturalization and
declare under oath that the person is the identical person named
therein, or state under oath when and where the person was naturalized,
that the person has had a certificate of the person's naturalization,
and that it is lost, destroyed, or beyond the person's power to produce
to the judges. If the person states under oath that, by reason of the
naturalization of the person's parents or one of them, the person has
become a citizen of the United States, and when or where the person's
parents were naturalized, the certificate of naturalization need not be
produced.
(B) If the person is challenged as unqualified
on the ground that the person has not resided in this state for thirty
days immediately preceding the election, the judges shall put the
following questions:
(1) Have you
resided in this state for thirty days immediately preceding this
election? If so, where have you resided? Name two persons who know of
your place of residence.
(2) Have you
been absent from this state within the thirty days immediately
preceding this election? If yes, then the following questions:
(a) Have you continuously resided outside this state for a period of
four years or more?
(b) Did you, while absent, look upon and regard this state as your
home?
(c) Did you, while absent, vote in any other state?
(C) If the person is challenged as unqualified
on the ground that the person is not a resident of the county or
precinct where he offers to vote, the judges shall put the following
questions:
(1) Do you now reside in this county?
(2) Do you now reside in this precinct?
(3) When you
came into this precinct, did you come for a temporary purpose merely or
for the purpose of making it your home?
(D) If the person is challenged as unqualified
on the ground that the person is not of legal voting age, the judges
shall put the following question:
Are you eighteen years of age or more to the best of your knowledge and belief?
The presiding judge shall put such other
questions to the person challenged under respective heads designated by
this section, as are necessary to test the person's qualifications as
an elector at the election. If a person challenged refuses to answer
fully any question put to the person, is unable to answer the questions
as they were answered on the registration form by the person under
whose name the person offers to vote, refuses to sign the person's name
or make the person's mark, or if for any other reason a majority of the
judges believes the person is not entitled to vote, the judges shall
refuse the person a ballot. If a person is disqualified under division
(C) of this section because the person does not now reside in the
county or precinct, the presiding judge shall inform the person of the
person's right to vote in the person's proper county or precinct of
residence and instruct the person to contact the appropriate board of
elections for information concerning the location of the person's
voting precinct.
A qualified citizen who has certified the
citizen's intention to vote for president and vice-president as
provided by Chapter 3504. of the Revised Code shall be eligible to
receive only the ballot containing presidential and vice-presidential
candidates.
The decision of said judges shall be final as
to the right of the person challenged to vote at such election.
However, prior to the day of election and in
accordance with section 3503.24 of the Revised Code, any person
qualified to vote may challenge the right of any other person to be
registered as a voter, or the right to cast an absent voter's ballot,
or to make application for such ballot. Such challenge shall be made in
accordance with section 3503.24 of the Revised Code and the board of
elections of the county in which the voting residence of the challenged
voter is situated shall make a final determination relative to the
legality of such registration or application.
HISTORY: GC § 4785-129; 113 v 307(366), § 129; 118 v 223; 123
v 380(398); Bureau of Code Revision, 10-1-53; 125 v 713(757) (Eff
1-1-54); 134 v S 460 (Eff 3-23-72); 135 v H 662 (Eff 9-27-74); 136 v S
32 (Eff 9-5-75); 137 v S 125 (Eff 5-27-77); 142 v H 708 (Eff 4-19-88);
145 v S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95.
§ 3505.21. Challengers and witnesses.
At any primary, special, or general election, any political party
supporting candidates to be voted upon at such election and any group
of five or more candidates may appoint to any of the polling places in
the county or city one person, a qualified elector, who shall serve as
challenger for such party or such candidates during the casting of the
ballots, and one person, a qualified elector, who shall serve as
witness during the counting of the ballots; provided that one such
person may be appointed to serve as both challenger and witness. No
candidate, no uniformed peace officer as defined by section 2935.01 of
the Revised Code, no uniformed state highway patrol trooper, no
uniformed member of any fire department, no uniformed member of the
armed services, no uniformed member of the organized militia, no person
wearing any other uniform and no person carrying a firearm or other
deadly weapon shall serve as a witness or challenger nor shall any
candidate be represented by more than one challenger and one witness at
any one polling place except that a candidate who is a member of a
party controlling committee, as defined in section 3517.03 of the
Revised Code, may serve as a witness or challenger. Any political party
or group of candidates appointing witnesses or challengers shall notify
the board of elections of the names and addresses of its appointees and
the polling places at which they shall serve. Notification shall take
place not less than eleven days before the election on forms prescribed
by the secretary of state and may be amended by filing an amendment
with the board of elections at any time until four p.m. of the day
before the election. The challenger and witness serving on behalf of a
political party shall be appointed in writing by the chairman and
secretary of the respective controlling party committees. Challengers
and witnesses serving for any five or more candidates shall have their
certificates signed by such candidates. Challengers and witnesses so
appointed may file their certificates of appointment with the presiding
judge of the precinct at the meeting on the evening prior to the
election, or with the presiding judge of the precinct on the day of the
election. Witnesses shall not be admitted to the booths before the
closing of the polls except for the purpose of filing their
certificates. Upon the filing of a certificate the person named as
challenger therein shall be permitted to be in and about the polling
place during the casting of the ballots and shall be permitted to watch
every proceeding of the judges and clerks of elections from the time of
the opening until the closing of the polls. Any such witnesses so
appointed may inspect the counting of the ballots in the precinct from
the time of the closing of the polls until the counting is completed
and the final returns are certified and signed. The judges of elections
shall protect such challengers and witnesses in all of the rights and
privileges granted to them by Title XXXV [35] of the Revised Code.
No persons other than the judges and clerks of elections, the
witnesses, a police officer, other persons who are detailed to any
precinct on request of the board of elections, or the secretary of
state or his legal representative shall be admitted to the polling
place after the closing of the polls until the counting, certifying,
and signing of the final returns of each election have been completed.
Not later than eleven days prior to an election at which questions are
to be submitted to a vote of the people, any committee which in good
faith advocates or opposes a measure may file a petition with the board
of any county asking that such petitioners be recognized as the
committee entitled to appoint witnesses to the count at such election.
If more than one committee alleging themselves to advocate or oppose
the same measure file such petitions, the board shall decide and
announce by registered mail to each committee not less than three days
immediately preceding the election which committee is entitled to
appoint such witnesses. Such decision shall not be final, but any
aggrieved party may institute mandamus proceedings in the court of
common pleas of the county wherein such board has jurisdiction to
compel the judges of elections to accept the appointees of such
aggrieved party. Any such recognized committee may appoint a challenger
and a witness to the count in each precinct. Committees appointing
witnesses or challengers shall notify the board of elections of the
names and addresses of its appointees and the polling places at which
they shall serve. Notification shall take place not less than eleven
days before the election on forms prescribed by the secretary of state
and may be amended by filing an amendment with the board of elections
at any time until four p.m. on the day before the election. A person so
appointed shall file his certificate of appointment with the presiding
judge in the precinct in which he has been appointed to serve.
Witnesses shall file their certificates before the polls are closed. In
no case shall more than six such challengers and six witnesses be
appointed for any one election in any one precinct. If more than three
questions are to be voted on, the committees which have appointed
challengers and witnesses may agree upon not to exceed six challengers
and six witnesses, and the judges of elections shall appoint such
challengers and witnesses. If such committees fail to agree, the judges
of elections shall appoint six challengers and six witnesses from the
appointees so certified, in such manner that each side of the several
questions shall be represented.
No person shall serve as a witness or challenger at any polling place
unless the board of elections of the county in which such witness or
challenger is to serve has first been notified of the name, address,
and polling place at which such witness or challenger is to serve.
Notification to the board of elections shall be given by the political
party, group of candidates, or committee appointing such witness or
challenger as prescribed in this section. No such challengers and
witnesses shall receive any compensation from the county, municipal
corporation, or township, and they shall take the following oath, to be
administered by one of the judges of elections:
"You do solemnly swear that you will faithfully and impartially
discharge the duties as an official challenger and witness, assigned by
law; that you will not cause any delay to persons offering to vote,
further than is necessary to procure satisfactory information of their
qualification as electors; and that you will not disclose or
communicate to any person how any elector has voted at such election."
HISTORY: GC § 4785-120; 113 v 307(361), § 120; Bureau of Code
Revision, 10-1-53; 133 v H 346 (Eff 11-25-69); 134 v H 336 (Eff
10-20-72); 144 v S 144. Eff 8-8-91.
§ 3505.22. Impersonating an elector.
If any precinct officer, challenger, or other elector has reason to
believe that a person is impersonating an elector, then such person,
before he is given a ballot, shall be questioned as to his right to
vote, and shall be required to sign his name or make his mark in ink on
a card to be provided therefor. If, in the opinion of a majority of the
precinct officers, the signature is not that of the person who signed
such name in the registration forms, then such person may be refused a
ballot. Such person may appeal to the board of elections and if the
board finds that he is eligible to vote, an order instructing the
precinct officer to permit him to vote shall be given to such person.
Such order shall be recognized by such precinct officers when presented
and signed and such person shall be permitted to vote.
HISTORY: GC § 4785-130; 113 v 307(367), § 130; 123 v 380(398); Bureau of Code Revision. Eff 10-1-53.
§ 3505.23. Occupancy of voting compartment; marking and return of ballot.
No voter shall be allowed to occupy a voting compartment or use a
voting machine more than five minutes when all the voting compartments
or machines are in use and voters are waiting to occupy them. Except as
otherwise provided by section 3505.24 of the Revised Code, no voter
shall occupy a voting compartment or machine with another person or
speak to anyone, nor shall anyone speak to the voter, while the voter
is in a voting compartment or machine.
In precincts that do not use voting machines the following procedure shall be followed:
If a voter tears, soils, defaces, or erroneously marks a ballot the
voter may return it to the precinct election officials and a second
ballot shall be issued to the voter. Before returning a torn, soiled,
defaced, or erroneously marked ballot, the voter shall fold it so as to
conceal any marks the voter made upon it, but the voter shall not
remove Stub A therefrom. If the voter tears, soils, defaces, or
erroneously marks such second ballot, the voter may return it to the
precinct election officials, and a third ballot shall be issued to the
voter. In no case shall more than three ballots be issued to a voter.
Upon receiving a returned torn, soiled, defaced, or erroneously marked
ballot the precinct election officials shall detach Stub A therefrom,
write "Defaced" on the back of such ballot, and place the stub and the
ballot in the separate containers provided therefor.
No elector shall leave the polling place until the elector returns to
the precinct election officials every ballot issued to the elector with
Stub A on each ballot attached thereto, regardless of whether the
elector has or has not placed any marks upon the ballot.
Before leaving the voting compartment, the voter shall fold each ballot
marked by the voter so that no part of the face of the ballot is
visible, and so that the printing thereon indicating the kind of ballot
it is and the facsimile signature of the members of the board of
elections are visible. The voter shall then leave the voting
compartment, deliver the voter's ballots, and state the voter's name to
the judge having charge of the ballot boxes, who shall announce the
name, detach Stub A from each ballot, and announce the number on the
stubs. The clerks in charge of the poll lists or poll books shall check
to ascertain whether the number so announced is the number on Stub B of
the ballots issued to such voter, and if no discrepancy appears to
exist, the judge in charge of the ballot boxes shall, in the presence
of the voter, deposit each such ballot in the proper ballot box and
shall place Stub A from each ballot in the container provided therefor.
The voter shall then immediately leave the polling place.
No ballot delivered by a voter to the judge in charge of the ballot
boxes with Stub A detached therefrom, and only ballots provided in
accordance with Title XXXV [35] of the Revised Code, shall be voted or
deposited in the ballot boxes.
In marking a presidential ballot, the voter shall record the vote in
the manner provided on the ballot next to the names of the candidates
for the offices of president and vice-president. Such ballot shall be
considered and counted as a vote for each of the candidates for
election as presidential elector whose names were certified to the
secretary of state by the political party of such nominees for
president and vice-president.
In marking an office type ballot or a nonpartisan ballot, the voter
shall record the vote in the manner provided on the ballot next to the
name of each candidate for whom the voter desires to vote.
In marking a primary election ballot, the voter shall record the vote
in the manner provided on the ballot next to the name of each candidate
for whom the voter desires to vote. If the voter desires to vote for
the nomination of a person whose name is not printed on the primary
election ballot, the voter may do so by writing such person's name on
the ballot in the proper place provided for such purpose.
In marking a questions and issues ballot, the voter shall record the
vote in the manner provided on the ballot at the left or at the right
of "YES" or "NO" or other words of similar import which are printed on
the ballot to enable the voter to indicate how the voter votes in
connection with each question or issue upon which the voter desires to
vote.
In marking any ballot on which a blank space has been provided wherein
an elector may write in the name of a person for whom he desires to
vote, the elector shall write such person's name in such blank space
and on no other place on the ballot. Unless specific provision is made
by statute, no blank space shall be provided on a ballot for write-in
votes, and any names written on a ballot other than in a blank space
provided therefor shall not be counted or recorded.
HISTORY: GC § 4785-131; 113 v 307(367), § 131; 116 v 68; 122
v 103(125), § 10; 123 v 473; 124 v 673; Bureau of Code Revision,
10-1-53; 125 v 713(758); 126 v 205(216) (Eff 1-1-56); 146 v H 99. Eff
8-22-95.
§ 3505.24. Assistance provided to elector with disability or illiterate elector.
Any elector who declares to the presiding judge of elections that the
elector is unable to mark the elector's ballot by reason of blindness,
disability, or illiteracy may be accompanied in the voting booth and
aided by any person of the elector's choice, other than the elector's
employer, an agent of the elector's employer, or an officer or agent of
the elector's union, if any. The elector also may request and receive
assistance in the marking of the elector's ballot from two election
officials of different political parties. Any person providing
assistance in the marking of an elector's ballot under this section
shall thereafter provide no information in regard to the marking of
that ballot.
Any judge may require a declaration of inability to be made by the
elector under oath before the judge. Assistance shall not be rendered
for causes other than those specified in this section, and no candidate
whose name appears on the ballot shall assist any person in marking
that person's ballot.
HISTORY: GC § 4785-132; 113 v 307(369), § 132; Bureau of Code
Revision, 10-1-53; 131 v 873 (Eff 10-13-65); 138 v H 1062 (Eff
3-23-81); 149 v H 5. Eff 8-28-2001.
§ 3505.25. Unlawful possession of ballots.
No judge or clerk of elections, challenger, or police officer admitted
into the polling rooms at the election, at any time while the polls are
open, shall have in his possession, distribute, or give out any ballot
or ticket to any person on any pretense during the receiving, counting,
or certifying of the votes, or have any ballot or ticket in his
possession or control, except in the proper discharge of his duty in
receiving, counting, or canvassing the votes. This section does not
prevent the lawful exercise by a judge or clerk of elections, witness,
or challenger of his individual right to vote at such election.
HISTORY: GC § 4785-133; 113 v 307(369), § 133; Bureau of Code Revision. Eff 10-1-53.
§ 3505.26. Procedure at close of polls.
At the time for closing the polls, the presiding judge shall by proclamation announce that the polls are closed.
The judges and clerks shall then in the presence of witnesses proceed as follows:
(A) Count the number of electors who voted, as shown on the pollbooks.
(B) Count the unused ballots without removing stubs.
(C) Count the soiled and defaced ballots.
(D) Insert the totals of (A), (B), and (C) on the report forms provided therefor in the pollbook.
(E) Count the voted ballots. If the number of
voted ballots exceeds the number of voters whose names appear upon the
pollbooks, the presiding judge shall enter on the pollbooks an
explanation of such discrepancy, and such explanation, if agreed to,
shall be subscribed to by all of the judges and clerks. Any judge or
clerk having a different explanation shall enter it in the pollbooks
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, certify the number, and then
proceed to count and tally the votes in the manner prescribed by
section 3505.27 of the Revised Code and certify the result of the
election to the board of elections.
HISTORY: GC § 4785-142; 113 v 307(374), § 142; Bureau of Code
Revision, 10-1-53; 125 v 713(760) (Eff 1-1-54); 138 v H 1062 (Eff
3-23-81); 146 v H 99. Eff 8-22-95.
§ 3505.27. Counting of votes.
Unless otherwise ordered by the secretary of state or the board of
elections, the counting and tallying of ballots shall be conducted
according to procedures prescribed by the board of elections that
assure an accurate count of all votes cast and that include all of the
following:
(A) The counting and tallying of ballots at the
appropriate office, as designated by the board, in the full view of
members of the board and witnesses;
(B) The recording on a worksheet or other
appropriate document of the number of votes cast for each candidate and
the number of votes cast for and against each question or issue;
(C) The periodic reporting to the public and the
office of the secretary of state of the number of votes cast for each
candidate and the number of votes cast for and against each question or
issue as tallied at the time of the report;
(D) An examination and verification by the
appropriate authority, as designated by the board, of the votes so
tallied and recorded in the pollbook under section 3505.26 of the
Revised Code.
The board shall prescribe additional procedures as
necessary to assure an accurate count of all votes cast. These
procedures shall be followed until all of the ballots that are required
to be counted on the day of the election after the close of the polls
have been counted.
All work sheets that are prepared at the polling
locations shall be preserved and placed inside the pollbook and
returned to the board.
If there is any disagreement as to how a ballot
should be counted it shall be submitted to the members of the board for
a decision on whether or to what extent the ballot should be counted.
If three of the members do not agree as to how any part of the ballot
shall be counted, only that part of such ballot on which three of the
members do agree shall be counted. A notation shall be made upon the
ballot indicating what part has not been counted, and the ballot shall
be placed in an envelope marked "Disputed Ballots."
HISTORY: GC § 4785-143; 113 v 307(374), § 143; 118 v
223(236); 124 v 673(698); Bureau of Code Revision, 10-1-53; 125 v
713(760) (Eff 1-1-54); 146 v H 99. Eff 8-22-95.
§ 3505.28. Ballots not counted.
No ballot shall be counted which is marked contrary to law, except that
no ballot shall be rejected for any technical error unless it is
impossible to determine the voter's choice. If two or more ballots are
found folded together among the ballots removed from a ballot box, they
shall be deemed to be fraudulent. Such ballots shall not be counted.
They shall be marked "Fraudulent" and shall be placed in an envelope
indorsed "Not Counted" with the reasons therefor, and such envelope
shall be delivered to the board of elections together with other
uncounted ballots.
No ballot shall be rejected because of being marked with ink or by any
writing instrument other than one of the pencils provided by the board
of elections.
HISTORY: GC § 4785-144; 113 v 307(374), § 144; 122 v
325(353); 123 v 380(400); Bureau of Code Revision, 10-1-53; 136 v H
442. Eff 5-13-76.
§ 3505.29. Judges not to separate or leave until counting completed.
From the time the ballot box is opened and the count of ballots begun
until the ballots are counted and certificates of votes cast are made
out, signed, certified and given to the presiding judge for delivery to
the headquarters of the board of elections, the judges in each precinct
shall not separate, nor shall a judge leave the polling place except
from unavoidable necessity. In cases of illness or unavoidable
necessity the board may substitute another qualified person for any
precinct official so incapacitated.
HISTORY: GC § 4785-145; 113 v 307(375), § 145; Bureau of Code Revision (Eff 10-1-53); 146 v H 99. Eff 8-22-95.
§ 3505.30. Summaries of results; transmission to board; certification to secretary of state.
When the results of the ballots have been ascertained, such results
shall be embodied in a summary statement to be prepared by the judges
in duplicate, on forms provided by the board of elections. One copy
shall be certified by the judges and posted on the front of the polling
place, and one copy, similarly certified, shall be transmitted without
delay to the board in a sealed envelope along with the other returns of
the election. The board shall, immediately upon receipt of such summary
statements, compile and prepare an unofficial count and upon its
completion shall transmit prepaid, immediately by telephone, facsimile
machine, or other telecommunications device, the results of such
unofficial count to the secretary of state, or to the board of the most
populous county of the district which is authorized to canvass the
returns. Such count, in no event, shall be made later than twelve noon
on the day following the election. The board shall also, at the same
time, certify the results thereof to the secretary of state by
certified mail. The board shall remain in session from the time of the
opening of the polls, continuously, until the results of the election
are received from every precinct in the county and such results are
communicated to the secretary of state.
HISTORY: GC § 4785-146; 113 v 307(376), § 146; 114 v
679(697); Bureau of Code Revision (Eff 10-1-53); 146 v H 99. Eff
8-22-95.
§ 3505.31. Disposition of ballots, pollbooks, poll lists or signature pollbooks, tally sheets.
When the results of the voting in a polling place on the day of an
election have been determined and entered upon the proper forms and the
certifications of those results have been signed by the precinct
officials, those officials, before leaving the polling place, shall
place all ballots that they have counted in containers provided for
that purpose by the board of elections, and shall seal each container
in a manner that it cannot be opened without breaking the seal or the
material of which the container is made. They shall also seal the
pollbook, poll list or signature pollbook, and tally sheet in a manner
that the data contained in these items cannot be seen without breaking
the seals. On the outside of these items shall be a plain indication
that they are to be filed with the board. The presiding judge shall
then deliver to the board the containers of ballots and the sealed
pollbook, poll list, and tally sheet, together with all other election
reports, materials, and supplies required to be delivered to the board.
The board shall carefully preserve all ballots prepared and provided by
it for use in an election, whether used or unused, for sixty days after
the day of the election, except that, if an election includes the
nomination or election of candidates for any of the offices of
president, vice-president, presidential elector, member of the senate
of the congress of the United States, or member of the house of
representatives of the congress of the United States, the board shall
carefully preserve all ballots prepared and provided by it for use in
that election, whether used or unused, for twenty-two months after the
day of the election. If an election is held within that sixty-day
period, the board shall have authority to transfer those ballots to
other containers to preserve them until the sixty-day period has
expired. After that sixty-day period, the ballots shall be disposed of
by the board in a manner that the board orders, or where voting
machines have been used the counters may be turned back to zero;
provided that the secretary of state, within that sixty-day period, may
order the board to preserve the ballots or any part of the ballots for
a longer period of time, in which event the board shall preserve those
ballots for that longer period of time.
In counties where voting machines are used, if an election is to be
held within the sixty days immediately following a primary, general, or
special election or within any period of time within which the ballots
have been ordered preserved by the secretary of state or a court of
competent jurisdiction, the board, after giving notice to all
interested parties and affording them an opportunity to have a
representative present, shall open the compartments of the machines
and, without unlocking the machines, shall recanvass the vote cast in
them as if a recount were being held. The results shall be certified by
the board, and this certification shall be filed in the board's office
and retained for the remainder of the period for which ballots must be
kept. After preparation of the certificate, the counters may be turned
back to zero, and the machines may be used for the election.
The board shall carefully preserve the pollbook, poll list or signature
pollbook, and tally sheet delivered to it from each polling place until
it has completed the official canvass of the election returns from all
precincts in which electors were entitled to vote at an election, and
has prepared and certified the abstracts of election returns, as
required by law. The board shall not break, or permit anyone to break,
the seals upon the pollbook, poll list or signature pollbook, and tally
sheet, or make, or permit any one to make, any changes or notations in
these items, while they are in its custody, except as provided by
section 3505.32 of the Revised Code.
Pollbooks and poll lists or signature pollbooks of a party primary
election delivered to the board from polling places shall be carefully
preserved by it for two years after the day of election in which they
were used, and shall then be disposed of by the board in a manner that
the board orders.
Pollbooks, poll lists or signature pollbooks, tally sheets, summary
statements, and other records and returns of an election delivered to
it from polling places shall be carefully preserved by the board for
two years after the day of the election in which they were used, and
shall then be disposed of by the board in a manner that the board
orders.
HISTORY: GC § 4785-147; 113 v 307(376), § 147; 114 v
679(698); 122 v 325(353); 123 v 473; Bureau of Code Revision, 10-1-53;
125 v 713(761); 127 v 741 (Eff 1-1-58); 129 v 1562 (Eff 8-25-61); 138 v
H 1062 (Eff 3-23-81); 141 v H 555 (Eff 2-26-86); 146 v H 99 (Eff
8-22-95); 149 v H 5. Eff 8-28-2001.
§ 3505.32. Canvass of returns.
(A) Except as otherwise provided in
division (D) of this section, not earlier than the eleventh day or
later than the fifteenth day after a general or special election or, if
a special election was held on the day of a presidential primary
election, not earlier than the twenty-first day or later than the
twenty-fifth day after the special election, the board of elections
shall begin to canvass the election returns from the precincts in which
electors were entitled to vote at that election. It shall continue the
canvass daily until it is completed and the results of the voting in
that election in each of the precincts are determined.
The board shall complete the canvass not later
than the date set by the secretary of state under division (U) of
section 3501.05 of the Revised Code. Sixty days after the date set by
the secretary of state for the completion of the canvass, the canvass
of election returns shall be deemed final, and no amendments to the
canvass may be made after that date. The secretary of state may specify
an earlier date upon which the canvass of election returns shall be
deemed final, and after which amendments to the final canvass may not
be made, if so required by federal law.
(B) The county executive committee of
each political party, each committee designated in a petition
nominating an independent or nonpartisan candidate for election at an
election, each committee designated in a petition to represent the
petitioners pursuant to which a question or issue was submitted at an
election, and any committee opposing a question or issue submitted at
an election that was permitted by section 3505.21 of the Revised Code
to have a qualified elector serve as a witness during the counting of
the ballots at each polling place at an election may designate a
qualified elector who may be present and may witness the making of the
official canvass.
(C) The board shall first open all
envelopes containing uncounted ballots and shall count and tally them.
In connection with its investigation of any
apparent or suspected error or defect in the election returns from a
polling place, the board may cause subpoenas to be issued and served
requiring the attendance before it of the election officials of that
polling place, and it may examine them under oath regarding the manner
in which the votes were cast and counted in that polling place, or the
manner in which the returns were prepared and certified, or as to any
other matters bearing upon the voting and the counting of the votes in
that polling place at that election.
Finally, the board shall open the sealed
container containing the ballots that were counted in the polling place
at the election and count those ballots, during the official canvass,
in the presence of all of the members of the board and any other
persons who are entitled to witness the official canvass.
(D) Prior to the tenth day after a
primary, general, or special election, the board may examine the
pollbooks, poll lists, and tally sheets received from each polling
place for its files and may compare the results of the voting in any
polling place with the summary statement received from the polling
place. If the board finds that any of these records or any portion of
them is missing, or that they are incomplete, not properly certified,
or ambiguous, or that the results of the voting in the polling place as
shown on the summary statement from the polling place are different
from the results of the voting in the polling place as shown by the
pollbook, poll list, or tally sheet from the polling place, or that
there is any other defect in the records, the board may make whatever
changes to the pollbook, poll list, or tally sheet it determines to be
proper in order to correct the errors or defects.
HISTORY: GC § 4785-152; 113 v 307(378), § 152; 122 v
325(355); Bureau of Code Revision, 10-1-53; 125 v 903(998); 129 v 1569
(Eff 10-12-61); 138 v H 1062 (Eff 3-23-81); 140 v S 79 (Eff 7-4-84);
145 v S 150 (Eff 12-29-93); 146 v H 99 (Eff 8-22-95); 149 v H 5. Eff
8-28-2001.
§ 3505.33. Board of elections to declare the results; tie vote; abstracts and reports.
When the board of elections has completed the canvass of the election
returns from the precincts in its county, in which electors were
entitled to vote at any general or special election, it shall determine
and declare the results of the elections determined by the electors of
such county or of a district or subdivision within such county. If more
than the number of candidates to be elected to an office received the
largest and an equal number of votes, such tie shall be resolved by lot
by the chairman of the board in the presence of a majority of the
members of the board. Such declaration shall be in writing and shall be
signed by at least a majority of the members of the board. It shall
bear the date of the day upon which it is made, and a copy thereof
shall be posted by the board in a conspicuous place in its office. The
board shall keep such copy posted for a period of at least five days.
Thereupon the board shall promptly certify abstracts of the results of
such elections within its county, in such forms as the secretary of
state prescribes. Such forms shall be designated and shall contain
abstracts as follows:
Form No.1. An abstract of the votes cast for
the office of president and vice-president of the United States.
Form No.2. An abstract of the votes cast for
the office of governor and lieutenant governor, secretary of state,
auditor of state, treasurer of state, attorney general, chief justice
of the supreme court of Ohio, judge of the supreme court of Ohio,
member of the senate of the congress of the United States, member at
large of the house of representatives of the congress of the United
States, district member of the house of representatives of the congress
of the United States, and an abstract of the votes cast upon each
question or issue submitted at such election to electors throughout the
entire state.
Form No.3. An abstract of the votes cast for
the office of member of the senate of the general assembly, and member
of the house of representatives of the general assembly.
Form No.4. A report of the votes cast for the
office of member of the state board of education, judge of the court of
appeals, judge of the court of common pleas, judge of the probate
court, county commissioner, county auditor, prosecuting attorney, clerk
of the court of common pleas, sheriff, county recorder, county
treasurer, county engineer, and coroner.
Form No.5. A report of the votes cast upon all
questions and issues other than such questions and issues which were
submitted to electors throughout the entire state.
Form No.6. A report of the votes cast for
municipal offices, township offices, and the office of member of a
board of education.
One copy of each of these forms shall be kept in the office of the
board. One copy of each of these forms shall promptly be sent to the
secretary of state, who shall place the records contained in forms
No.1, No.2, and No.3 in electronic format. One copy of Form No.2 shall
promptly be mailed to the president of the senate of the general
assembly at his office in the statehouse. The board shall also at once
upon completion of the official count send a certified copy of that
part of each of the forms which pertains to an election in which only
electors of a district comprised of more than one county but less than
all of the counties of the state voted to the board of the most
populous county in such district. It shall also at once upon completion
of the official count send a certified copy of that part of each of the
forms which pertains to an election in which only electors of a
subdivision located partly within the county voted to the board of the
county in which the major portion of the population of such subdivision
is located.
If, after certifying and sending abstracts and parts thereof, a board
finds that any such abstract or part thereof is incorrect, it shall
promptly prepare, certify, and send a corrected abstract or part
thereof to take the place of each incorrect abstract or part thereof
theretofore certified and sent.
HISTORY: GC § 4785-153; 113 v 307(378), § 153; 114 v
679(698); 118 v 223(237); 122 v 325(356); 123 v 380(401); 124 v
673(699); Bureau of Code Revision, 10-1-53; 126 v 655(695) (Eff
7-12-55); 137 v S 115 (Eff 3-10-78); 139 v H 345 (Eff 8-3-82); 142 v H
231 (Eff 10-5-87); 146 v H 99. Eff 8-22-95.
§ 3505.34. Canvass of abstracts of votes for state offices.
During the first week of the regular session of the general assembly
following a regular state election, the president of the senate, in the
presence of a majority of the members of each house of the general
assembly, shall open, announce, and canvass the abstracts of the votes
cast for the offices of governor and lieutenant governor, secretary of
state, auditor of state, treasurer of state, and attorney general, as
contained in the Form No. 2 sent to him as required by section 3505.33
of the Revised Code, and shall determine and declare the results of
such election for such offices. The joint candidates for governor and
lieutenant governor and the candidate for each other office who
received the largest number of votes shall be declared elected to such
office. If two or more candidates for election to the same office, or
two or more sets of joint candidates for governor and lieutenant
governor, receive the largest and an equal number of votes, one of
them, or one set of joint candidates for governor and lieutenant
governor, shall be declared elected to such office by a majority of the
votes of all of the members of the senate and the house of
representatives of the general assembly. If said Form No. 2 has not at
such time been received by the president of the senate from the board
of elections of any county, the secretary of state, upon request of the
president of the senate, shall furnish to him such copies of said Form
No. 2 as have not been received by him. When said canvass has been
completed and the results of the election declared, the president of
the senate shall certify to the secretary of state the names of the
persons declared elected together with the title of the office to which
each has been elected, and from such certification the secretary of
state shall issue a certificate of election to the officials declared
elected and so certified to the secretary of state. Thereupon the
governor shall forthwith issue a commission to each of the persons
elected to such offices upon the payment to the secretary of state of
the fee required by section 107.06 of the Revised Code.
HISTORY: GC § 4785-154; 113 v 307(379), § 154; 114 v
679(699); 122 v 325(357); 123 v 380(401); Bureau of Code Revision,
10-1-53; 137 v S 115. Eff 3-10-78.
§ 3505.35. Canvass of abstracts by secretary of state; declaration of results.
When the secretary of state has received from the board of elections of
every county in the state Form No.2, as provided for in section 3505.33
of the Revised Code, the secretary of state shall promptly fix the time
and place for the canvass of such abstracts, and the time fixed shall
not be later than ten days after such abstracts have been received by
the secretary of state from all counties. The secretary of state shall
notify the governor, auditor of state, attorney general, and the
chairman of the state central committee of each political party of the
time and place fixed. At such time and in the presence of such of the
persons so notified who attend, the secretary of state shall canvass
the abstracts contained in said Form No.2 and shall determine and
declare the results of all elections in which electors throughout the
entire state voted. If two or more candidates for election to the same
office, or two or more sets of joint candidates for governor and
lieutenant governor, receive the largest and an equal number of votes,
such tie shall be resolved by lot by the secretary of state. Such
declaration of results by the secretary of state shall be in writing
and shall be signed by the secretary of state. It shall bear the date
of the day upon which it is made, and a copy thereof shall be posted by
the secretary of state in a conspicuous place in his office. The
secretary of state shall keep such copy posted for a period of at least
five days.
Such declaration of results made by the secretary of state, insofar as
it pertains to the offices of governor and lieutenant governor,
secretary of state, auditor of state, treasurer of state, and attorney
general, is only for the purpose of fixing the time of the commencement
of the period of time within which applications for recounts of votes
may be filed as provided by section 3515.02 of the Revised Code.
HISTORY: GC § 4785-155; 113 v 307(379), § 155; 114 v
679(699); 122 v 325(357); 123 v 380(401); Bureau of Code Revision,
10-1-53; 137 v S 115 (Eff 3-10-78); 146 v H 99. Eff 8-22-95.
§ 3505.36. Canvass of abstracts of district candidates.
When the board of elections of the most populous county of a district
comprised of more than one county but less than all of the counties of
the state has received from the board of every county in such district
certified copies of parts of abstracts pertaining to an election in
which only the electors of such district voted, such board shall
canvass such parts of abstracts and determine and declare the results
of the elections determined by the electors of such district. If more
than the number of candidates to be elected to an office receive the
largest number and an equal number of votes, such tie shall be resolved
by lot by the chairman of such board in the presence of all of the
members of such board. Such declaration of results by such board shall
be in writing and shall be signed by at least a majority of the members
of such board. It shall bear the date of the day upon which it was
made, and a copy thereof shall be posted by the board in a conspicuous
place in its office. The board shall keep such copy posted for a period
of at least five days.
HISTORY: GC § 4785-156; 113 v 307(380), § 156; 114 v
679(700); 122 v 325(358); 124 v 673(701); Bureau of Code Revision. Eff
10-1-53.
§ 3505.37. Canvass of abstracts by board of elections of county wherein major portion of a subdivision is located.
When the board of elections of a county in which the major portion of
the population of a subdivision located in more than one county is
located receives from the boards of each county in which other portions
of such subdivision are located parts of abstracts pertaining to an
election in which only the electors of such subdivision voted, such
board shall canvass such parts of abstracts and determine and declare
the results of the elections determined by the electors of such
subdivision. If more than the number of candidates to be elected to an
office receive the largest number and an equal number of votes, such
tie shall be resolved by lot by the chairman of such board in the
presence of a majority of the members of such board. Such declaration
of results by such board shall be in writing and shall be signed by at
least a majority of the members of such board. It shall bear the date
of the day upon which it is made, and a copy thereof shall be posted by
such board in a conspicuous place in its office. The board shall keep
such copy posted for a period of at least five days.
HISTORY: GC § 4785-157; 113 v 307(380), § 157; 122 v 325(359); 124 v 673(701); Bureau of Code Revision. Eff 10-1-53.
§ 3505.38. Certificates of election.
Election officials who are required to declare the results of a special
or general election in which persons were elected to offices shall,
unless otherwise provided by law, issue to the persons declared elected
by them appropriate certificates of election in such form as is
prescribed by the secretary of state. Such certificates of election
shall be issued by such election officials after the time within which
applications may be made for recounts of votes has expired, and after
recounts of votes which have been applied for are completed.
All persons declared to be elected by the president of the senate as
provided for in section 3505.34 of the Revised Code shall be issued
certificates of election by the secretary of state as provided for in
such section and shall be issued commissions for such offices by the
governor, upon the payment of the fee required by section 107.06 of the
Revised Code, provided that the board of elections required to
determine and declare the results of the election for candidates for
election to the office of member of the house of representatives of the
congress of the United States or member of the state board of education
shall, in lieu of issuing a certificate of election, certify to the
secretary of state the names of such candidates declared elected, and
the secretary of state, from such certification, shall issue to the
persons certified to him as elected as a member of the house of
representatives of the congress of the United States or member of the
state board of education a certificate of his election, signed by the
governor, sealed with the great seal of the state, and countersigned by
the secretary of state. Certificates of election of members of the
house of representatives of the congress of the United States shall be
forwarded by registered mail to the clerk of the house of
representatives of the congress of the United States, Washington, D.C.,
and the person elected to such office shall be advised by letter from
the secretary of state that his certificate of election has been
forwarded to said clerk.
HISTORY: GC § 4785-158; 113 v 307(380), § 158; 122 v
325(359); 123 v 380(402); Bureau of Code Revision, 10-1-53; 127 v 741.
Eff 1-1-58.
§ 3505.39. Meeting of presidential electors.
The secretary of state shall immediately upon the completion of the
canvass of election returns mail to each presidential elector so
elected a certificate of his election and shall notify him to attend,
at a place in the state capitol which the secretary of state shall
select, at twelve noon on the day designated by the congress of the
United States, a meeting of the state's presidential electors for the
purpose of discharging the duties enjoined on them by the constitution
of the United States. The secretary of state, ten days prior to such
meeting, shall by letter remind each such elector of the meeting to be
held for casting the vote of the state for president and vice-president
of the United States. Each such elector shall give notice to the
secretary of state before nine a.m. of that day whether or not he will
be present at the appointed hour ready to perform his duties as a
presidential elector. If at twelve noon at the place selected by the
secretary of state presidential electors equal in number to the whole
number of senators and representatives to which the state may at the
time be entitled in the congress of the United States, are not present,
the presidential electors present shall immediately proceed, in the
presence of the governor and secretary of state, to appoint by ballot
such number of persons to serve as presidential electors so that the
number of duly elected presidential electors present at such time and
place plus the presidential electors so appointed shall be equal in
number to the whole number of senators and representatives to which the
state is at that time entitled in the congress of the United States;
provided, that each such appointment shall be made by a separate
ballot, and that all appointments to fill vacancies existing because
duly elected presidential electors are not present shall be made before
other appointments are made, and that in making each such appointment
the person appointed shall be of the same political party as the duly
elected presidential elector whose absence requires such appointment to
be made. In case of a tie vote the governor shall determine the results
by lot. The electors making such appointments shall certify forthwith
to the secretary of state the names of the persons so appointed and the
secretary of state shall immediately issue to such appointees
certificates of their appointment and notify them thereof. All of the
state's presidential electors, both those duly elected who are then
present and those appointed as herein provided, shall then meet and
organize by electing one of their number as chairman and by designating
the secretary of state as ex officio secretary and shall then and there
discharge all of the duties enjoined upon presidential electors by the
constitution and laws of the United States. Each presidential elector
shall receive ten dollars for each day's attendance in Columbus as such
and mileage at the rate of ten cents per mile for the estimated
distance by the usual route from his place of residence to Columbus.
Such compensation and mileage shall be upon vouchers issued by the
secretary of state, and shall be paid by the treasurer of state out of
the general fund.
HISTORY: GC § 4785-160; 113 v 307(382), § 160; Bureau of Code Revision, 10-1-53; 127 v 863. Eff 9-16-57.
§ 3505.40. Presidential electors required to vote for party nominees.
A presidential elector elected at a general election or appointed
pursuant to section 3505.39 of the Revised Code shall, when discharging
the duties enjoined upon him by the constitution or laws of the United
States, cast his electoral vote for the nominees for president and
vice-president of the political party which certified him to the
secretary of state as a presidential elector pursuant to law.
HISTORY: 133 v H 500. Eff 11-14-69.
CHAPTER
VOTING AND TABULATING EQUIPMENT
Section
3506.01. Definitions.
3506.02. Adoption of voting
machines, marking devices and automatic tabulating equipment.
3506.03. Methods of acquisition of equipment.
3506.04. Acquisition of
limited amount of equipment; maintenance; experimental use.
3506.05. Certification of
equipment and support arrangements; board of voting machine examiners;
guidelines.
3506.06. Approval or certification of marking device.
3506.07. Availability and setting of equipment.
3506.08. Ballot cards.
3506.09. Electronic data processing cards.
3506.10. Requirements for
approval or certification of voting machines; guarantee, bond.
3506.11. Arrangement of candidates' names on voting machine.
3506.12. Combining,
rearranging and enlarging of precincts; counting stations.
3506.13. Challengers and witnesses.
3506.14. Testing of
computer programs, voting machines and tabulating equipment.
3506.15. Secretary of state
to provide rules, instructions, directives, advisories; county board to
instruct voters and election officials.
3506.16. Chads, ballots voted backwards.
3506.17. [Repealed]
3506.18. Voter verified paper audit trail used for recount.
3506.19. Voting machine or
marking device accessible for individuals with disabilities.
3506.20.
§ 3506.01. Definitions.
As used in this chapter and Chapters 3501., 3503., 3505., 3509., 3511.,
3513., 3515., 3517., 3519., 3521., 3523., and 3599. of the Revised
Code:
(A) "Marking device" means an apparatus
operated by a voter to record the voter's choices through the piercing
or marking of ballots enabling them to be examined and counted by
automatic tabulating equipment.
(B) "Ballot" means the official election
presentation of offices and candidates, including write-in candidates,
and of questions and issues, and the means by which votes are recorded.
(C) "Automatic tabulating equipment" means a
machine or interconnected or interrelated machines that will
automatically examine and count votes recorded on ballots.
(D) "Central counting station" means a
location, or one of a number of locations, designated by the board of
elections for the automatic examining, sorting, or counting of ballots.
(E) "Voting machines" means mechanical or
electronic equipment for the direct recording and tabulation of votes.
(F) "Direct recording electronic voting
machine" means a voting machine that records votes by means of a ballot
display provided with mechanical or electro-optical components that can
be actuated by the voter, that processes the data by means of a
computer program, and that records voting data and ballot images in
internal or external memory components. A "direct recording electronic
voting machine" produces a tabulation of the voting data stored in a
removable memory component and in printed copy.
(G) "Help America Vote Act of 2002" means the
"Help America Vote Act of 2002," Public Law 107-252, 116 Stat. 1666.
(H) "Voter verified paper audit trail" means a
physical paper printout on which the voter's ballot choices, as
registered by a direct recording electronic voting machine, are
recorded. The voter shall be permitted to visually or audibly inspect
the contents of the physical paper printout. The physical paper
printout shall be securely retained at the polling place until the
close of the polls on the day of the election; the secretary of state
shall adopt rules under Chapter 119. of the Revised Code specifying the
manner of storing the physical paper printout at the polling place.
After the physical paper printout is produced, but before the voter's
ballot is recorded, the voter shall have an opportunity to accept or
reject the contents of the printout as matching the voter's ballot
choices. If a voter rejects the contents of the physical paper
printout, the system that produces the voter verified paper audit trail
shall invalidate the printout and permit the voter to recast the
voter's ballot. On and after the first federal election that occurs
after January 1, 2006, unless required sooner by the Help America Vote
Act of 2002, any system that produces a voter verified paper audit
trail shall be accessible to disabled voters, including visually
impaired voters, in the same manner as the direct recording electronic
voting machine that produces it.
HISTORY: 128 v 83 (Eff 9-28-59); 129 v 1653 (Eff 6-29-61); 135 v S 291
(Eff 11-21-73); 145 v H 143. Eff 7-22-94; 150 v H 262, § 1, eff.
5-7-04.
§ 3506.02. Adoption of voting machines, marking devices and automatic tabulating equipment.
Voting machines, marking devices, and automatic tabulating equipment
may be adopted for use in elections in any county in the following
manner:
(A) By the board of elections;
(B) By the board of county commissioners of
such county on the recommendation of the board of elections;
(C) By the affirmative vote of a majority of
the electors of such county voting upon the question of the adoption of
such equipment in such county.
If a petition signed by electors equal in
number to two per cent of the total votes cast in the county for the
office of governor at the most recent general election for that office
is filed with the board of elections, such board shall submit to the
electors of such county at the next general election occurring not less
than seventy-five days thereafter the question "Shall voting machines,
marking devices, and automatic tabulating equipment be adopted in the
county of .................... ?" Upon the filing of such
petition, the board of elections shall forthwith notify the board of
county commissioners, and the board of county commissioners shall
forthwith determine whether it would prefer to purchase or lease such
equipment in whole or in part for cash and if so whether it will be
necessary or advisable to issue bonds to provide funds for the purchase
of such equipment, if adopted. If the board of county commissioners
determines that it is necessary or advisable to issue bonds therefor,
it shall by resolution provide for the submission on the same ballot,
but as a separate issue, the question of issuing such bonds. The
question of issuing such bonds shall be submitted as required by
division (A) of section 3506.03 of the Revised Code.
HISTORY: 128 v 83 (Eff 9-28-59); 138 v H 1062 (Eff 3-23-81); 143 v H
230 (Eff 10-30-89); 145 v H 143 (Eff 7-22-94); 146 v H 99. Eff 8-22-95.
§ 3506.03. Methods of acquisition of equipment.
Upon the adoption of voting machines, marking devices, and automatic
tabulating equipment either by the action of the board of elections or
by the board of county commissioners, on the recommendation of the
board of elections or by the affirmative vote of a majority of the
electors voting on the question of the adoption of such equipment, such
board of county commissioners shall acquire the equipment by any one or
by any combination of the following methods:
(A) By purchasing in whole or in part such equipment and paying the
purchase price therefor in cash; or out of the proceeds of the issuance
and sale of bonds, provided the question of issuing bonds for such
purpose was submitted to the vote of the electors of the county
pursuant to section 133.18 of the Revised Code and provided the
issuance of such bonds was approved;
(B) By purchasing in whole or in part such equipment and paying the
purchase price in a series of consecutive annual approximately equal
installments the number of which shall not exceed the estimated number
of years of usefulness of such equipment, as determined by the fiscal
officer of the county and by issuing to the seller negotiable
promissory notes of the county, evidencing the annual installments to
become due, specifying the terms of purchase, and bearing interest at a
rate not exceeding the rate determined as provided in section 9.95 of
the Revised Code, which notes shall be public obligations as defined in
division (GG)(2) of section 133.01 of the Revised Code and shall not be
subject to Chapter 133. of the Revised Code, provided the legislation
authorizing the issuance of such notes shall make provision for levying
and collecting annually by taxation amounts sufficient to pay the
interest on such notes and to provide for the payment of the principal
thereof when due, and provided that the amounts of such tax so levied
each year may be reduced by the amount by which revenues available for
appropriation for the payment of the expenses of conducting elections
are appropriated for, and applied to, the payment of such interest and
principal of such notes;
(C) By leasing such equipment in whole or in part under contract of
lease which shall provide for the rental, and also may provide for an
option to purchase them or parts of them at a fixed price with the
rentals paid to be applied to the purchase price, and payments under
such contracts of lease may be made by the county out of funds of the
county not otherwise appropriated; or which may be appropriated by the
board of county commissioners, out of funds appropriated by the board
of county commissioners to the board of elections for the costs and
expenses of elections, with the approval of the board of elections; or
out of the funds the board of county commissioners is authorized to
provide by a levy and collection thereof annually by taxation.
HISTORY: 128 v 84 (Eff 9-28-59); 129 v 582(791) (Eff 1-10-61); 133 v S
245 (Eff 6-26-69); 138 v H 275 (Eff 11-1-79); 139 v H 95 (Eff 5-13-81);
143 v H 230 (Eff 10-30-89); 145 v H 143. Eff 7-22-94.
§ 3506.04. Acquisition of limited amount of equipment; maintenance; experimental use.
(A) If it is impracticable to supply
each election precinct with voting machines or marking devices for use
at the next election following the adoption of such equipment, as many
shall be supplied for that election and the succeeding elections as it
is practicable to procure either by purchase or lease, or by a
combination of both, and such equipment may be used in election
precincts within the county as the board of elections directs until
such time as it is practicable to provide the total number of voting
machines or marking devices necessary to supply all precincts within
the county, provided that the total number of voting machines or
marking devices necessary to supply all precincts shall be procured by
purchase or lease, or by a combination of both as soon as practicable
after their adoption.
(B) The board of elections shall be
charged with the custody of all equipment acquired by the county, and
shall see that all such equipment is kept in proper working order and
in good repair. The board of county commissioners of any county or the
board of elections, upon recommendation of the board of elections, may,
prior to the adoption of such equipment, acquire by purchase or lease
or by loan, for the experimental use in a limited number of precincts,
such equipment, and such experimental use shall be valid for all
purposes as if such equipment had been formally adopted, provided that
such equipment has been approved by the board of voting machine
examiners for experimental use.
(C) All equipment acquired by any county
by any of the methods provided for in this section shall be exempt from
levy and taxation.
HISTORY: 128 v 85 (Eff 9-28-59); 145 v H 143 (Eff 7-22-94); 146 v H 99. Eff 8-22-95.
§ 3506.05. Certification of equipment and support arrangements; board of voting machine examiners; guidelines.
(A) As used in this section, except when
used as part of the phrase "tabulating equipment" or "automatic
tabulating equipment":
(1) "Equipment"
means a voting machine, marking device, automatic tabulating equipment,
or software.
(2) "Vendor"
means the person that owns, manufactures, distributes, or has the legal
right to control the use of equipment, or the person's agent.
(B) No voting machine, marking device,
automatic tabulating equipment, or software for the purpose of casting
or tabulating votes or for communications among systems involved in the
tabulation, storage, or casting of votes shall be purchased, leased,
put in use, or continued to be used, except for experimental use as
provided in division (B) of section 3506.04 of the Revised Code, unless
it, a manual of procedures governing its use, and training materials,
service, and other support arrangements have been certified by the
secretary of state and unless the board of elections of each county
where the equipment will be used has assured that a demonstration of
the use of the equipment has been made available to all interested
electors. The secretary of state shall appoint a board of voting
machine examiners to examine and approve equipment and its related
manuals and support arrangements. The board shall consist of one
competent and experienced election officer and two persons who are
knowledgeable about the operation of such equipment, who shall serve
during the secretary of state's term.
For the member's service, each member of the
board shall receive three hundred dollars per day for each combination
of marking device, tabulating equipment, and voting machine examined
and reported, but in no event shall a member receive more than six
hundred dollars to examine and report on any one marking device, item
of tabulating equipment, or voting machine. Each member of the board
shall be reimbursed for expenses the member incurs during an
examination or during the performance of any related duties that may be
required by the secretary of state. Reimbursement of these expenses
shall be made in accordance with, and shall not exceed, the rates
provided for under section 126.31 of the Revised Code.
Neither the secretary of state nor the board,
nor any public officer who participates in the authorization,
examination, testing, or purchase of equipment, shall have any
pecuniary interest in the equipment or any affiliation with the vendor.
(C)
(1) A
vendor who desires to have the secretary of state certify equipment
shall first submit the equipment, all current related procedural
manuals, and a current description of all related support arrangements
to the board of voting machine examiners for examination, testing, and
approval. The submission shall be accompanied by a fee of eighteen
hundred dollars and a detailed explanation of the construction and
method of operation of the equipment, a full statement of its
advantages, and a list of the patents and copyrights used in operations
essential to the processes of vote recording and tabulating, vote
storage, system security, and other crucial operations of the equipment
as may be determined by the board. An additional fee, in an amount to
be set by rules promulgated by the board, may be imposed to pay for the
costs of alternative testing or testing by persons other than board
members, record-keeping, and other extraordinary costs incurred in the
examination process. Moneys not used shall be returned to the person or
entity submitting the equipment for examination.
(2) Fees
collected by the secretary of state under this section shall be
deposited into the state treasury to the credit of the board of voting
machine examiners fund, which is hereby created. All moneys credited to
this fund shall be used solely for the purpose of paying for the
services and expenses of each member of the board or for other expenses
incurred relating to the examination, testing, reporting, or
certification of voting machine devices, the performance of any related
duties as required by the secretary of state, or the reimbursement of
any person submitting an examination fee as provided in this chapter.
(D) Within sixty days after the
submission of the equipment and payment of the fee, or as soon
thereafter as is reasonably practicable, but in any event within not
more than ninety days after the submission and payment, the board of
voting machine examiners shall examine the equipment and file with the
secretary of state a written report on the equipment with its
recommendations and its determination or condition of approval
regarding whether the equipment, manual, and other related materials or
arrangements meet the criteria set forth in sections 3506.07 and
3506.10 of the Revised Code and can be safely used by the voters at
elections under the conditions prescribed in Title XXXV of the Revised
Code, or a written statement of reasons for which testing requires a
longer period. The board may grant temporary approval for the purpose
of allowing experimental use of equipment. If the board finds that the
equipment meets the criteria set forth in sections 3506.06, 3506.07,
and 3506.10 of the Revised Code, can be used safely and can be depended
upon to record and count accurately and continuously the votes of
electors, and has the capacity to be warranted, maintained, and
serviced, it shall approve the equipment and recommend that the
secretary of state certify the equipment. The secretary of state shall
notify all boards of elections of any such certification. Equipment of
the same model and make, if it provides for recording of voter intent,
system security, voter privacy, retention of vote, and communication of
voting records in an identical manner, may then be adopted for use at
elections.
(E) The vendor shall notify the
secretary of state, who shall then notify the board of voting machine
examiners, of any enhancement and any significant adjustment to the
hardware or software that could result in a patent or copyright change
or that significantly alters the methods of recording voter intent,
system security, voter privacy, retention of the vote, communication of
voting records, and connections between the system and other systems.
The vendor shall provide the secretary of state with an updated
operations manual for the equipment, and the secretary of state shall
forward the manual to the board. Upon receiving such a notification and
manual, the board may require the vendor to submit the equipment to an
examination and test in order for the equipment to remain certified.
The board or the secretary of state shall periodically examine, test,
and inspect certified equipment to determine continued compliance with
the requirements of this chapter and the initial certification. Any
examination, test, or inspection conducted for the purpose of
continuing certification of any equipment in which a significant
problem has been uncovered or in which a record of continuing problems
exists shall be performed pursuant to divisions (C) and (D) of this
section, in the same manner as the examination, test, or inspection is
performed for initial approval and certification.
(F) If, at any time after the
certification of equipment, the board of voting machine examiners or
the secretary of state is notified by a board of elections of any
significant problem with the equipment or determines that the equipment
fails to meet the requirements necessary for approval or continued
compliance with the requirements of this chapter, or if the board of
voting machine examiners determines that there are significant
enhancements or adjustments to the hardware or software, or if notice
of such enhancements or adjustments has not been given as required by
division (E) of this section, the secretary of state shall notify the
users and vendors of that equipment that certification of the equipment
may be withdrawn.
(G)
(1) The
notice given by the secretary of state under division (F) of this
section shall be in writing and shall specify both of the following:
(a) The reasons why the certification may be withdrawn;
(b) The date on which certification will be withdrawn unless the vendor
takes satisfactory corrective measures or explains why there are no
problems with the equipment or why the enhancements or adjustments to
the equipment are not significant.
(2) A vendor who
receives a notice under division (F) of this section shall, within
thirty days after receiving it, submit to the board of voting machine
examiners in writing a description of the corrective measures taken and
the date on which they were taken, or the explanation required under
division (G)(1)(b) of this section.
(3) Not later
than fifteen days after receiving a written description or explanation
under division (G)(2) of this section from a vendor, the board shall
determine whether the corrective measures taken or the explanation is
satisfactory to allow continued certification of the equipment, and the
secretary of state shall send the vendor a written notice of the
board's determination, specifying the reasons for it. If the board has
determined that the measures taken or the explanation given is
unsatisfactory, the notice shall include the effective date of
withdrawal of the certification. This date may be different from the
date originally specified in division (G)(1)(b) of this section.
(4) A vendor who
receives a notice under division (G)(3) of this section indicating a
decision to withdraw certification may, within thirty days after
receiving it, request in writing that the board hold a hearing to
reconsider its decision. Any interested party shall be given the
opportunity to submit testimony or documentation in support of or in
opposition to the board's recommendation to withdraw certification.
Failure of the vendor to take appropriate steps as described in
division (G)(1)(b) or to comply with division (G)(2) of this section
results in a waiver of the vendor's rights under division (G)(4) of
this section.
(H)
(1) The secretary of state, in consultation with the board of
voting machine examiners, shall establish, by rule, guidelines for the
approval, certification, and continued certification of the voting
machines, marking devices, and tabulating equipment to be used under
Title XXXV of the Revised Code. The guidelines shall establish
procedures requiring vendors or computer software developers to place
in escrow with an independent escrow agent approved by the secretary of
state a copy of all source code and related documentation, together
with periodic updates as they become known or available. The secretary
of state shall require that the documentation include a system
configuration and that the source code include all relevant program
statements in low- or high-level languages. As used in this division,
"source code" does not include variable codes created for specific
elections.
(2) Nothing in
any rule adopted under division (H) of this section shall be construed
to limit the ability of the secretary of state to follow or adopt, or
to preclude the secretary of state from following or adopting, any
guidelines proposed by the federal election commission, any entity
authorized by the federal election commission to propose guidelines,
the election assistance commission, or any entity authorized by the
election assistance commission to propose guidelines.
(3)
(a) Before the initial certification of any direct recording electronic
voting machine with a voter verified paper audit trail, and as a
condition for the continued certification and use of those machines,
the secretary of state shall establish, by rule, standards for the
certification of those machines. Those standards shall include, but are
not limited to, all of the following:
(i) A definition of a voter verified paper audit trail as a paper
record of the voter's choices that is verified by the voter prior to
the casting of the voter's ballot and that is securely retained by the
board of elections;
(ii) Requirements that the voter verified paper audit trail shall not
be retained by any voter and shall not contain individual voter
information;
(iii) A prohibition against the production by any direct recording
electronic voting machine of anything that legally could be removed by
the voter from the polling place, such as a receipt or voter
confirmation;
(iv) A requirement that paper used in producing a voter verified paper
audit trail be sturdy, clean, and resistant to degradation.
(v) A requirement that the voter verified paper audit trail shall be
capable of being optically scanned for the purpose of conducting a
recount or other audit of the voting machine and shall be readable in a
manner that makes the voter's ballot choices obvious to the voter
without the use of computer or electronic codes.
(b) The secretary of state, by rule adopted under Chapter 119. of the
Revised Code, may waive the requirement under division (H)(3)(a)(v) of
this section, if the secretary of state determines that the requirement
is cost prohibitive.
HISTORY: 128 v 86 (Eff 9-28-59); 135 v S 291 (Eff 11-21-73); 138 v H
1062 (Eff 3-23-81); 145 v H 143. Eff 7-22-94; 150 v H 262, § 1,
eff. 5-7-04.
§ 3506.06. Approval or certification of marking device.
No marking device shall be approved by the board of voting machine
examiners or certified by the secretary of state, or be purchased,
rented, or otherwise acquired, or used, unless it fulfills the
following requirements:
(A) It shall permit and require voting in
absolute secrecy, and shall be so constructed that no person can see or
know for whom any other elector has voted or is voting, except an
elector who is assisting a voter as prescribed by section 3505.24 of
the Revised Code.
(B) It shall permit each elector to vote at
any election for all persons and offices for whom and for which the
elector is lawfully entitled to vote, whether or not the name of any
such person appears on a ballot as a candidate; to vote for as many
persons for an office as the elector is entitled to vote for; and to
vote for or against any question upon which the elector is entitled to
vote.
(C) It shall permit each elector to write in
the names of persons for whom the elector desires to vote, whose names
do not appear upon the ballot, if such write-in candidates are
permitted by law.
(D) It shall permit each elector, at all
presidential elections, by one punch or mark to vote for candidates of
one party for president, vice president, and presidential electors.
(E) It shall be durably constructed of
material of good quality in a neat and workerlike manner, and in form
that shall make it safely transportable.
(F) It shall be so constructed that a voter
may readily learn the method of operating it and may expeditiously cast
the voter's vote for all candidates of the voter's choice.
(G) It shall not provide to a voter any type
of receipt or voter confirmation that the voter legally may retain
after leaving the polling place.
HISTORY: 128 v 86 (Eff 9-28-59); 129 v 1653 (Eff 6-29-61); 135 v S 291. Eff 11-21-73; 150 v H 262, § 1, eff. 5-7-04.
§ 3506.07. Availability and setting of equipment.
No automatic tabulating equipment shall be approved by the board of
voting machine examiners or certified by the secretary of state, or be
purchased, rented, or otherwise acquired, or used, unless it has been
or is capable of being manufactured for use and distribution beyond a
prototype and can be set by election officials, to examine ballots and
to count votes accurately for each candidate, question, and issue,
excluding any ballots punched or marked contrary to the instructions
printed on such ballots, provided that such equipment shall not be
required to count write-in votes or the votes on any ballots that have
been voted other than at the regular polling place on election day.
HISTORY: 128 v 87 (Eff 9-28-59); 129 v 1653 (Eff 6-29-61); 135 v S 291 (Eff 11-21-73); 145 v H 143. Eff 7-22-94.
§ 3506.08. Ballot cards.
When a marking device designed for use with printed ballot cards has
been approved by the secretary of state pursuant to section 3506.05 of
the Revised Code, the secretary of state shall for each election
prescribe specifications for the printing of such ballot cards that
will present to voters the same information with respect to candidates,
offices, questions, and issues obtainable from paper ballots for the
same election prepared pursuant to Chapter 3505. of the Revised Code.
Each ballot card shall have attached two stubs, each of the width of
the ballot and each at least one-half inch in length, except that, if
the board of elections has an alternate method to account for the
ballots that the secretary of state has authorized, each ballot card
may have only one stub that shall be the width of the ballot and not
less than one-half inch in length. In the case of ballot cards with two
stubs, the stubs shall be separated from the ballot card and from each
other by perforated lines. One stub shall be known as Stub A and shall
have printed on its face "Stub A" and "Consecutive Number ...."
The other stub shall be known as Stub B and shall have printed on its
face "Stub B" and "Consecutive Number ......" and the
instructions to the voter which shall be printed in upper and lower
case ten point type. Each ballot card of each kind of ballot provided
for use in each precinct shall be numbered consecutively by printing
such number upon both of the stubs attached thereto. The board of
elections may order the ballot type, part, rotation series, and the
precinct designation printed and pre-punched at the top of each ballot
card. This information shall be separated from the remaining portion of
the ballot card.
The secretary of state shall further prescribe the supplementary means,
whether paper ballots, ballot envelopes, or other, by which a voter may
write in the names of candidates whose names do not appear on the
ballot.
HISTORY: 135 v S 291 (Eff 11-21-73); 146 v H 99. Eff 8-22-95.
§ 3506.09. Electronic data processing cards.
Where a marking device designed for use with electronic data processing
cards has been approved by the secretary of state pursuant to section
3506.05 of the Revised Code, the secretary of state shall for each
election prescribe for use with such marking device ballot labels that
will present to voters the same information with respect to candidates,
offices, questions, and issues obtainable from paper ballots for the
same election prepared pursuant to Chapter 3505. of the Revised Code.
Each ballot card shall have attached two stubs, each of the width of
the ballot and each at least one-half inch in length, except that, if
the board of elections has an alternate method to account for the
ballots that the secretary of state has authorized, each ballot card
may have only one stub that shall be the width of the ballot and not
less than one-half inch in length. In the case of ballot cards with two
stubs, the stubs shall be separated from the ballot card and from each
other by perforated lines. One stub shall be known as Stub A and shall
have printed on its face "Stub A" and "Consecutive Number
........" The other stub shall be known as Stub B and shall have
printed on its face "Stub B" and "Consecutive Number .... " and
the instructions to the voter which shall be printed in upper and lower
case ten point type. Each ballot card of each kind of ballot provided
for use in each precinct shall be numbered consecutively by printing
such number upon both of the stubs attached thereto. The board of
elections may order the ballot type, part, rotation series, and the
precinct designation printed and pre-punched at the top of each ballot
card. This information shall be separated from the remaining portion of
the ballot card.
The secretary of state shall further prescribe the supplementary means,
whether paper ballots, ballot envelopes, or other, by which a voter may
write in the names of candidates whose names do not appear on the
ballot.
HISTORY: 135 v S 291 (Eff 11-21-73); 146 v H 99. Eff 8-22-95.
§ 3506.10. Requirements for approval or certification of voting machines; guarantee, bond.
No voting machine shall be approved by the board of voting machine
examiners or certified by the secretary of state, or be purchased,
rented, or otherwise acquired, or used, except when specifically
allowed for experimental use, as provided in section 3506.04 of the
Revised Code, unless it fulfills the following requirements:
(A) It shall permit and require voting in
absolute secrecy, and shall be so constructed that no person can see or
know for whom any other elector has voted or is voting, except an
elector who is assisting a voter as prescribed by section 3505.24 of
the Revised Code.
(B) It shall permit each elector to vote at
any election for all persons and offices for whom and for which the
elector is lawfully entitled to vote, whether or not the name of any
such person appears on a ballot label as a candidate; to vote for as
many persons for an office as the elector is entitled to vote for; and
to vote for or against any question upon which the elector is entitled
to vote.
(C) It shall preclude each elector from voting
for any candidate or upon any question for whom or upon which the
elector is not entitled to vote, from voting for more persons for any
office than the elector is entitled to vote for, and from voting for
any candidates for the same office or upon any question more than once.
(D) It shall permit each voter to deposit,
write in, or affix, upon devices provided for that purpose, ballots
containing the names of persons for whom the voter desires to vote,
whose names do not appear upon the voting machine. Those devices shall
be susceptible of identification as to party affiliations when used at
a primary election.
(E) It shall permit each elector to change the
elector's vote for any candidate or upon any question appearing upon
the ballot labels, up to the time the elector starts to register the
elector's vote.
(F) It shall permit each elector, at all
presidential elections, by one device to vote for candidates of one
party for president, vice-president, and presidential electors.
(G) It shall be capable of adjustment by
election officers so as to permit each elector, at a primary election,
to vote only for the candidates of the party with which the elector has
declared the elector's affiliation and shall preclude the elector from
voting for any candidate seeking nomination by any other political
party; and to vote for the candidates for nonpartisan nomination or
election.
(H) It shall have separate voting devices for
candidates and questions, which shall be arranged in separate rows or
columns. It shall be so arranged that one or more adjacent rows or
columns may be assigned to the candidates of each political party at
primary elections.
(I) It shall have a counter, or other device,
the register of which is visible from the outside of the machine, and
which will show at any time during the voting the total number of
electors who have voted; and also a protective counter, or other
device, the register of which cannot be reset, which will record the
cumulative total number of movements of the internal counters.
(J) It shall be provided with locks and seals
by the use of which, immediately after the polls are closed or the
operation of the machine for an election is completed, no further
changes to the internal counters can be allowed.
(K) It shall have the capacity to contain the
names of candidates constituting the tickets of at least five political
parties, and independent groups and such number of questions not
exceeding fifteen as the secretary of state shall specify.
(L) It shall be durably constructed of
material of good quality in a neat and workerlike manner, and in form
that shall make it safely transportable.
(M) It shall be so constructed that a voter
may readily learn the method of operating it, may expeditiously cast a
vote for all candidates of the voter's choice, and when operated
properly shall register and record correctly and accurately every vote
cast.
(N) It shall be provided with a screen, hood,
or curtain, which will conceal the voter while voting. During the
voting, it shall preclude every person from seeing or knowing the
number of votes registered for any candidate or question and from
tampering with any of the internal counters.
(O) It shall not provide to a voter any type
of receipt or voter confirmation that the voter legally may retain
after leaving the polling place.
(P) On and after the first federal election
that occurs after January 1, 2006, unless required sooner by the Help
America Vote Act of 2002, if the voting machine is a direct recording
electronic voting machine, it shall include a voter verified paper
audit trail.
Before any voting machine is purchased,
rented, or otherwise acquired, or used, the person or corporation
owning or manufacturing that machine or having the legal right to
control the use of that machine shall give an adequate guarantee in
writing and post a bond in an amount sufficient to cover the cost of
any recount or new election resulting from or directly related to the
use or malfunction of the equipment, accompanied by satisfactory
surety, all as determined by the secretary of state, with the board of
county commissioners, guaranteeing and securing that those machines
have been and continue to be certified by the secretary of state in
accordance with section 3506.05 of the Revised Code, comply fully with
the requirements of this section, and will correctly, accurately, and
continuously register and record every vote cast, and further
guaranteeing those machines against defects in workership and materials
for a period of five years from the date of their acquisition.
HISTORY: GC § 4785-161c; 114 v 679(702); 119 v 127; 124 v
673(702); Bureau of Code Revision, RC § 3507.05, 10-1-53; 129 v
1498 (Eff 8-17-61); RC § 3506.10, 145 v H 143. Eff 7-22-94; 150 v
H 262, § 1, eff. 5-7-04.
§ 3506.11. Arrangement of candidates' names on voting machine.
The names of all candidates for an office shall be arranged in a group
under the title of the office and printed on labels so that they may be
rotated on the voting machine as provided in section 3505.03 of the
Revised Code. Under the name of each candidate nominated at a primary
election or certified by a party committee to fill a vacancy under
section 3513.31 of the Revised Code, the name of the political party
that nominated or certified the candidate shall be printed in less
prominent typeface than that in which the candidate's name is printed.
HISTORY: RC § 3507.06, 136 v H 1165 (Eff 4-5-76); 136 v S 457 (Eff 4-14-76); RC § 3506.11, 145 v H 143. Eff 7-22-94.
§ 3506.12. Combining, rearranging and enlarging of precincts; counting stations.
In counties where marking devices, automatic tabulating equipment,
voting machines, or any combination of these are in use or are to be
used, the board of elections:
(A) May combine, rearrange, and enlarge
precincts; but the board shall arrange for a sufficient number of these
devices to accommodate the number of electors in each precinct as
determined by the number of votes cast in that precinct at the most
recent election for the office of governor, taking into consideration
the size and location of each selected polling place, available
parking, handicap accessibility and other accessibility to the polling
place, and the number of candidates and issues to be voted on.
Notwithstanding section 3501.22 of the Revised Code, the board may
appoint more than four precinct officers to each precinct if this is
made necessary by the number of voting machines to be used in that
precinct.
(B) Except as otherwise provided in this
division, shall establish one or more counting stations to receive
voted ballots and other precinct election supplies after the polling
precincts are closed. Those stations shall be under the supervision and
direction of the board of elections. Processing and counting of voted
ballots, and the preparation of summary sheets, shall be done in the
presence of witnesses approved by the board. A certified copy of the
summary sheet for the precinct shall be posted at each counting station
immediately after completion of the summary sheet.
In counties where punch card ballots are used,
one or more counting stations, located at the board of elections, shall
be established, at which location all punch card ballots shall be
counted.
As used in this division, "punch card ballot"
has the same meaning as in section 3506.16 of the Revised Code.
HISTORY: 145 v H 143 (Eff 7-22-94); 146 v H 99 (Eff 8-22-95); 149 v H 5. Eff 8-28-2001.
§ 3506.13. Challengers and witnesses.
In precincts where marking devices, automatic tabulating equipment,
voting machines, or any combination of these are used, challengers and
witnesses may be appointed as prescribed in section 3505.21 of the
Revised Code. The duties and privileges of challengers in such
precincts during the hours the polls are open, shall be as provided in
section 3505.21 of the Revised Code.
Challengers shall be allowed to remain in the polling place after the
polls close and may observe the processing of the ballots and the
sealing and signing of the envelopes or containers or both containing
the voted ballots.
Witnesses shall not be allowed in the polling place, but shall file
their certificates of appointment at the proper counting station after
the polls close, and may observe all functions there.
HISTORY: RC § 3506.17, 128 v 94 (Eff 9-28-59); 129 v 1653 (Eff 6-29-61); RC § 3506.13, 145 v H 143. Eff 7-22-94.
§ 3506.14. Testing of computer programs, voting machines and tabulating equipment.
(A) Prior to each election, the board of
elections shall test and audit the variable codes applicable to that
election to verify the accuracy of any computer program that will be
used for tallying the ballot cards for each precinct in which an
election will be held.
(B) Prior to the start of the count of
the ballots, the board of elections shall have the voting machine or
automatic tabulating equipment tested to ascertain that it will
accurately count the votes cast for all offices and on all questions
and issues. Public notice of the time and place of the test shall be
given by proclamation or posting as in the case of notice of elections.
The test shall be conducted by processing a pre-audited group of
ballots so marked as to record a predetermined number of valid votes
for each candidate and on each question and issue, and shall include
for each office one or more ballots that have votes in excess of the
number allowed by law in order to test the ability of the automatic
tabulating equipment to reject those votes. In that test a different
number of valid votes shall be assigned to each candidate for an
office, and for and against each question and issue. If an error is
detected, the cause for the error shall be ascertained and corrected
and an errorless count shall be made and certified to by the board
before the count is started. The tabulating equipment shall pass the
same test at the beginning and conclusion of the election day count
before the election returns are approved as official. On completion of
the election day count, the programs, test materials, and ballots shall
be sealed and retained as provided for paper ballots in section 3505.31
of the Revised Code.
HISTORY: RC § 3506.19, 134 v S 452 (Eff 6-29-72); RC § 3506.14, 145 v H 143 (Eff 7-22-94); 146 v H 99. Eff 8-22-95.
§ 3506.15. Secretary of state to provide
rules, instructions, directives, advisories; county board to instruct
voters and election officials.
The secretary of state shall provide each board of elections with
rules, instructions, directives, and advisories regarding the
examination, testing, and use of the voting machine and tabulating
equipment, the assignment of duties of booth officials, the procedure
for casting a vote on the machine, and how the vote shall be tallied
and reported to the board, and with other rules, instructions,
directives, and advisories the secretary of state finds necessary to
ensure the adequate care and custody of voting equipment, and the
accurate registering, counting, and canvassing of the votes as required
by this chapter. The boards of elections shall be charged with the
responsibility of providing for the adequate instruction of voters and
election officials in the proper use of the voting machine and marking
devices. The boards' instructions shall include, in counties where
punch card ballots are used, instructions that each voter shall examine
the voter's marked ballot card and remove any chads that remain
partially attached to it before returning it to election officials.
The secretary of state's rules, instructions, directives, and
advisories provided under this section shall comply, insofar as
practicable, with this chapter. The provisions of Title XXXV [35] of
the Revised Code, not inconsistent with the provisions relating to
voting machines, apply in any county using a voting machine.
As used in this section, "chad" and "punch card ballot" have the same meanings as in section 3506.16 of the Revised Code.
HISTORY: GC § 4785-161L; 114 v 679(707); Bureau of Code Revision,
RC § 3507.15, 10-1-53; RC § 3506.15, 145 v H 143 (Eff
7-22-94); 149 v H 5. Eff 8-28-2001.
§ 3506.16. Chads, ballots voted backwards.
(A) As used in this section:
(1) "Chad" means
the small piece of paper or cardboard produced from a punch card ballot
when a voter pierces a hole in a perforated, designated position on the
ballot with a marking device to record the voter's candidate, question,
or issue choice.
(2) "Punch card
ballot" means a ballot card that contains small perforated designated
positions that a marking device must pierce to form a hole that records
a voter's candidate, question, or issue choice.
(B)
(1) In
counties where punch card ballots are used, employees of the board of
elections designated by the board under division (C) of this section
shall take all reasonable steps, in a manner prescribed by the
secretary of state, to inspect those ballots at the board of elections
prior to their counting by automatic tabulating equipment.
(2) Those
designees shall take all reasonable steps, in a manner prescribed by
the secretary of state, to remove from a punch card ballot chads
attached by two or fewer corners. They shall not remove from a punch
card ballot any chad attached by three or four corners. If a chad is
attached to a punch card ballot by three or four corners, it shall be
deemed that a voter did not record a candidate, question, or issue
choice at that particular position on the ballot, and a vote shall not
be counted at that particular position on the ballot.
(3)
(a) Those designees shall remake and count as a valid ballot any punch
card ballot in which the pattern of holes punched in areas of the
ballot card other than the designated positions assigned to candidates,
questions, or issues makes it clear to the designees that the voter
inserted the ballot card into the voting machine with the back side of
the ballot card facing up. Only holes that are clearly pierced through
the punch card ballot shall be remade and counted. The designees shall
remake and count a punch card ballot under this division whether the
voter voted for one candidate, question, or issue, more than one but
not all candidates, questions, or issues, or all candidates, questions,
and issues.
(b) If the pattern of holes pierced through a punch card ballot
indicates that the ballot card was inserted into the voting machine
with the back side of the ballot facing up, partially voted, then
removed from the voting machine, reinserted properly, and voted
correctly, the designees shall remake and count as valid only those
votes represented by the properly punched side of the original punch
card ballot.
(C) The board of elections of a county
where punch card ballots are used shall designate teams to inspect
those ballots under division (B) of this section and, as necessary, to
remove chads from those ballots or remake those ballots. Those teams
shall consist of two employees of the board, one from each major
political party. The board may designate as many teams as the board
considers necessary to efficiently inspect those ballots prior to their
counting. The board also may designate teams of two employees, one from
each major political party, to monitor the teams conducting the
inspection of those ballots under division (B) of this section.
HISTORY: 149 v H 5. Eff 8-28-2001.
§ 3506.17. Repealed.
Repealed, 151 v H 66, § 105.01 [150 v H 262, § 1, eff. 5-7-04]. Eff 7-1-05.
§ 3506.18. Voter verified paper audit trail used for recount.
(A) For any recount of an election in
which ballots are cast using a direct recording electronic voting
machine with a voter verified paper audit trail, the voter verified
paper audit trail shall serve as the official ballot to be recounted.
(B) Voter verified paper audit trails
shall be preserved in the same manner and for the same time period as
paper ballots are preserved under section 3505.31 of the Revised Code.
HISTORY: 150 v H 262, § 1, eff. 5-7-04.
§ 3506.19. Voting machine or marking device accessible for individuals with disabilities.
On and after the first federal election that occurs after January 1,
2006, unless required sooner by the Help America Vote Act of 2002, each
polling location shall have available for use at all elections at least
one direct recording electronic voting machine or marking device that
is accessible for individuals with disabilities, including nonvisual
accessibility for the blind and visually impaired, in a manner that
provides the same opportunity for access and participation, including
privacy and independence, as for other voters.
HISTORY: 150 v H 262, § 1, eff. 5-7-04; 151 v S 147, § 1, eff. 11-15-05.
§ 3506.20.
CHAPTER 3507
VOTING MACHINES [REPEALED]
§ 3507.01. Repealed.
Repealed, 145 v H 143, § 2 [GC § 4785-161; 113 v 307(382),
§ 161; 114 v 679(700); 119 v 127; Bureau of Code Revision,
10-1-53; 125 v 713(762); 133 v S 245; 138 v H 275; 138 v H 1062; 139 v
H 95]. Eff 7-22-94.
§ 3507.02. Repealed.
Repealed, 145 v H 143, § 2 [GC § 4785-161; 113 v 307(382),
§ 161; 114 v 679(700); 119 v 127; Bureau of Code Revision,
10-1-53; 125 v 713(762); 133 v S 245; 138 v H 275; 138 v H 1062; 139 v
H 95]. Eff 7-22-94.
§ 3507.03. Repealed.
Repealed, 145 v H 143, § 2 [GC §§ 4785-161a; 4785-161b;
114 v 679(701); 119 v 127; Bureau of Code Revision, 10-1-53; 135 v S
291; 138 v H 1062]. Eff 7-22-94.
§ 3507.04. Repealed.
Repealed, 145 v H 143, § 2 [GC §§ 4785-161a; 4785-161b;
114 v 679(701); 119 v 127; Bureau of Code Revision, 10-1-53; 135 v S
291; 138 v H 1062]. Eff 7-22-94.
§ 3507.05. Renumbered.
Amended and renumbered RC § 3506.10 in 145 v H 143. Eff 7-22-94.
§ 3507.06. Renumbered.
Amended and renumbered RC § 3506.11 in 145 v H 143. Eff 7-22-94.
§ 3507.07. Repealed.
Repealed, 135 v S 291, § 2 [GC §§ 4785-161 e, f, g; 114
v 679; 118 v 223; 123 v 473; 124 v 673; Bureau of Code Revision,
10-1-53; 126 v 205; 128 v 27; 132 v S 148]. Eff 11-21-73.
§ 3507.08. Repealed.
Repealed, 135 v S 291, § 2 [GC §§ 4785-161 e, f, g; 114
v 679; 118 v 223; 123 v 473; 124 v 673; Bureau of Code Revision,
10-1-53; 126 v 205; 128 v 27; 132 v S 148]. Eff 11-21-73.
§ 3507.09. Repealed.
Repealed, 135 v S 291, § 2 [GC §§ 4785-161 e, f, g; 114
v 679; 118 v 223; 123 v 473; 124 v 673; Bureau of Code Revision,
10-1-53; 126 v 205; 128 v 27; 132 v S 148]. Eff 11-21-73.
§ 3507.10. Repealed.
Repealed, 134 v S 460, § 2 [GC § 4785-161h; 114 v 679; 119 v
127; 123 v 473; Bureau of Code Revision, 10-1-53; 130 v 827]. Eff
3-23-72.
§ 3507.11. Repealed.
Repealed, 135 v S 291, § 2 [GC §§ 4785-161h, i, j; 114 v
679; 119 v 127; 123 v 473; Bureau of Code Revision, 10-1-53]. Eff
11-21-73.
§ 3507.12. Repealed.
Repealed, 135 v S 291, § 2 [GC §§ 4785-161h, i, j; 114 v
679; 119 v 127; 123 v 473; Bureau of Code Revision, 10-1-53]. Eff
11-21-73.
§ 3507.13. Repealed.
Repealed, 135 v S 291, § 2 [GC §§ 4785-161h, i, j; 114 v
679; 119 v 127; 123 v 473; Bureau of Code Revision, 10-1-53]. Eff
11-21-73.
§ 3507.14. Repealed.
Repealed, 145 v H 143, § 2 [GC § 4785-161k; 114 v 679(707);
Bureau of Code Revision, 10-1-53; 125 v 713(763); 138 v H 1062]. Eff
7-22-94.
§ 3507.15. Renumbered.
Amended and renumbered RC § 3506.15 in 145 v H 143. Eff 7-22-94.
§ 3507.16. Repealed.
Repealed, 145 v H 143, § 2 [123 v 861; Bureau of Code Revision, 10-1-53; 138 v H 1062]. Eff 7-22-94.
CHAPTER 3509
ABSENT VOTER'S BALLOTS
Section
3509.01. Absent voter's ballots.
3509.02. Who may vote by absent voter's ballot.
[3509.02.1]
3509.021.Marking of applications and identification envelopes.
[3509.02.2]
3509.022.Overseas voters.
3509.03. Application for ballots.
[3509.03.1]
3509.031.Absentee ballots for militia members on active duty.
[3509.03.2] 3509.032.[Repealed]
3509.04. Notice to
applicant of need for additional information; delivery of ballots to
voter; return envelope.
3509.05. Voting procedure.
3509.06. Counting of ballots.
[3509.06.1] 3509.061.[Repealed]
3509.07. Rejection of absentee votes.
3509.08. Disabled voters;
medical emergencies; confinement in jail.
[3509.08.1] 3509.081.[Repealed]
3509.09. Casting ballot in
precinct on election day when absentee ballot has been previously
requested.
§ 3509.01. Absent voter's ballots.
The board of elections of each county shall provide absent voter's
ballots for use at every primary and general election, or special
election to be held on the day specified by division (E) of section
3501.01 of the Revised Code for the holding of a primary election,
designated by the general assembly for the purpose of submitting
constitutional amendments proposed by the general assembly to the
voters of the state. Those ballots shall be the same size, shall be
printed on the same kind of paper, and shall be in the same form as has
been approved for use at the election for which those ballots are to be
voted; except that, in counties using marking devices, ballot cards may
be used for absent voter's ballots, and those absent voters shall be
instructed to record the vote in the manner provided on the ballot
cards. In counties where punch card ballots are used, those absent
voters shall be instructed to examine their marked ballot cards and to
remove any chads that remain partially attached to them before
returning them to election officials.
The rotation of names of candidates and questions and issues shall be
substantially complied with on absent voter's ballots, within the
limitation of time allotted. Those ballots shall be designated as
"Absent Voter's Ballots" and shall be printed and ready for use on the
thirty-fifth day before the day of the election, except that those
ballots shall be printed and ready for use on the twenty-fifth day
before the day of a presidential primary election.
Absent voter's ballots provided for use at a general or primary
election, or special election to be held on the day specified by
division (E) of section 3501.01 of the Revised Code for the holding of
a primary election, designated by the general assembly for the purpose
of submitting constitutional amendments proposed by the general
assembly to the voters of the state, shall include only those
questions, issues, and candidacies that have been lawfully ordered
submitted to the electors voting at that election.
Absent voter's ballots for special elections held on days other than
the day on which general or primary elections are held shall be ready
for use as many days before the day of the election as reasonably
possible under the laws governing the holding of that special election.
A copy of the absent voter's ballots shall be forwarded by the director
of the board in each county to the secretary of state at least
twenty-five days before the election.
As used in this section, "chad" and "punch card ballot" have the same meanings as in section 3506.16 of the Revised Code.
HISTORY: GC § 4785-113; 113 v 307(358); § 113; 114 v
679(694); Bureau of Code Revision, 10-1-53; 125 v 713(763); 128 v 94
(Eff 9-28-59); 129 v 1653 (Eff 6-29-61); 132 v H 934 (Eff 5-31-68); 135
v S 44 (Eff 9-11-73); 135 v H 662 (Eff 9-27-74); 138 v H 1062 (Eff
3-23-81); 140 v S 213 (Eff 10-13-83); 145 v S 150 (Eff 12-29-93); 146 v
H 99 (Eff 8-22-95); 146 v S 261 (Eff 11-20-96); 149 v H 5. Eff
8-28-2001.
§ 3509.02. Who may vote by absent voter's ballot.
(A) Any qualified elector may vote by absent voter's ballots at an election.
(B) Any qualified elector who is unable
to appear at the office of the board of elections or other location
designated by the board on account of personal illness, physical
disability, or infirmity, and who moves from one precinct to another
within a county, changes the elector's name and moves from one precinct
to another within a county, or 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 filed a notice of change of residence or
change of name may vote by absent voter's ballots in that election as
specified in division (G) of section 3503.16 of the Revised Code.
HISTORY: GC § 4785-134; 113 v 307(370), § 134; 114 v
679(695); 118 v 223; 122 v 325(348); Bureau of Code Revision, 10-1-53;
127 v 741 (Eff 1-1-58); 132 v S 102 (Eff 4-24-67); 133 v S 51 (Eff
11-19-69); 133 v S 591 (Eff 9-16-70); 135 v H 73 (Eff 10-31-73); 135 v
S 429 (Eff 7-26-74); 135 v S 237 (Eff 9-23-74); 138 v H 1062 (Eff
3-23-81); 143 v H 237 (Eff 7-27-90); 144 v H 438 (Eff 9-23-92); 145 v S
300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1, eff.
1-27-06.
[§ 3509.02.1] § 3509.021. Marking of applications and identification envelopes.
Except as provided in section 3509.031 [3509.03.1] of the Revised Code
all identification envelopes containing absent voter's ballots for
former resident voters who are entitled to vote for presidential and
vice-presidential electors only, shall have printed or stamped thereon
the words, "Presidential Ballot."
HISTORY: 133 v S 51 (Eff 11-19-69); 133 v S 591 (Eff 9-16-70); 134 v S
460 (Eff 3-23-72); 135 v H 662 (Eff 9-27-74); 136 v H 1. Eff 6-13-75.
[§ 3509.02.2] § 3509.022. Overseas voters.
An overseas voter as defined in 42 U.S.C. 1973ff-6, other than an
absent uniformed services voter as defined in that statute, may apply
for an absent voter's ballot as provided in this chapter.
HISTORY: 151 v H 234, § 1, eff. 1-27-06.
§ 3509.03. Application for ballots.
Except as provided in section 3509.031 [3509.03.1] or division (B) of
section 3509.08 of the Revised Code, any qualified elector desiring to
vote absent voter's ballots at an election shall make written
application for those ballots to the director of elections of the
county in which the elector's voting residence is located. The
application need not be in any particular form but shall contain all of
the following:
(A) The elector's name;
(B) The elector's signature;
(C) The address at which the elector is registered to vote;
(D) The elector's date of birth;
(E) One of the following:
(1) The elector's driver's license number;
(2) The last four digits of the elector's social security number;
(3) A copy of
the elector's current and valid photo identification or a copy of a
current utility bill, bank statement, government check, paycheck, or
other government document that shows the name and address of the
elector.
(F) A statement identifying the election for which absent voter's ballots are requested;
(G) A statement that the person requesting the ballots is a qualified elector;
(H) If the request is for primary election ballots, the elector's party affiliation;
(I) If the elector desires ballots to be
mailed to the elector, the address to which those ballots shall be
mailed.
A voter who will be outside the United States
on the day of any election during a calendar year may use a single
federal post card application to apply for absent voter's ballots.
Those ballots shall be sent to the voter for use at the primary and
general elections in that year and any special election to be held on
the day in that year specified by division (E) of section 3501.01 of
the Revised Code for the holding of a primary election, designated by
the general assembly for the purpose of submitting constitutional
amendments proposed by the general assembly to the voters of the state
unless the voter reports a change in the voter's voting status to the
board of elections or the voter's intent to vote in any such election
in the precinct in this state where the voter is registered to vote. A
single federal postcard application shall be processed by the board of
elections pursuant to section 3509.04 of the Revised Code the same as
if the voter had applied separately for absent voter's ballots for each
election. When mailing absent voter's ballots to a voter who applied
for them by single federal post card application, the board shall
enclose notification to the voter that the voter must report to the
board subsequent changes in the voter's voting status or the voter's
subsequent intent to vote in any such election in the precinct in this
state where the voter is registered to vote. Such notification shall be
in a form prescribed by the secretary of state. As used in this
section, "voting status" means the voter's name at the time the voter
applied for absent voter's ballots by single federal post card
application and the voter's address outside the United States to which
the voter requested that those ballots be sent.
Each application for absent voter's ballots
shall be delivered to the director not earlier than the first day of
January of the year of the elections for which the absent voter's
ballots are requested or not earlier than ninety days before the day of
the election at which the ballots are to be voted, whichever is
earlier, and not later than twelve noon of the third day before the day
of the election at which the ballots are to be voted, or not later than
the close of regular business hours on the day before the day of the
election at which the ballots are to be voted if the application is
delivered in person to the office of the board.
HISTORY: GC § 4785-135; 113 v 307(370), § 135; 114 v
679(695); 118 v 223; 122 v 135(349); Bureau of Code Revision, 10-1-53;
125 v 713(764); 127 v 741 (Eff 1-1-58); 132 v S 102 (Eff 4-24-67); 133
v S 51 (Eff 11-19-69); 133 v S 591 (Eff 9-16-70); 134 v S 460 (Eff
3-23-72); 135 v H 73 (Eff 10-31-73); 135 v S 429 (Eff 7-26-74); 135 v S
237 (Eff 9-23-74); 135 v H 662 (Eff 9-27-74); 142 v H 23 (Eff
10-20-87); 143 v H 237 (Eff 7-27-90); 145 v S 150 (Eff 12-29-93); 145 v
S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1,
eff. 1-27-06.
[§ 3509.03.1] § 3509.031. Absentee ballots for militia members on active duty.
(A) Any qualified elector who is a
member of the organized militia called to active duty within the state
and who will be unable to vote on election day on account of that
active duty may make written application for absent voter's ballots to
the director of elections for the county in which the elector's voting
residence is located. The elector may personally deliver the
application to the director or may mail it, send it by facsimile
machine, or otherwise send it to the director. The application need not
be in any particular form but shall contain all of the following:
(1) The elector's name;
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document that shows the name and address
of the elector.
(6) A statement
identifying the election for which absent voter's ballots are
requested;
(7) A statement
that the person requesting the ballots is a qualified elector;
(8) A statement
that the elector is a member of the organized militia serving on active
duty within the state;
(9) If the
request is for primary election ballots, the elector's party
affiliation;
(10) If the
elector desires ballots to be mailed to the elector, the address to
which those ballots shall be mailed;
(11) If the
elector desires ballots to be sent to the elector by facsimile machine,
the telephone number to which they shall be so sent.
(B) Application to have absent voter's
ballots mailed or sent by facsimile machine to a qualified elector who
is a member of the organized militia called to active duty within the
state and who will be unable to vote on election day on account of that
active duty may be made by the spouse of the militia member or the
father, mother, father-in-law, mother-in-law, grandfather, grandmother,
brother or sister of the whole blood or half blood, son, daughter,
adopting parent, adopted child, stepparent, stepchild, uncle, aunt,
nephew, or niece of the militia member. The application shall be in
writing upon a blank form furnished only by the director. The form of
the application shall be prescribed by the secretary of state. The
director shall furnish that blank form to any of the relatives
specified in this division desiring to make the application, only upon
the request of such a relative in person at the office of the board or
upon the written request of such a relative mailed to the office of the
board. The application, subscribed and sworn to by the applicant, shall
contain all of the following:
(1) The full name of the elector for whom ballots are requested;
(2) A statement that such person is a qualified elector in the county;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document that shows the name and address
of the elector.
(6) A statement
identifying the election for which absent voter's ballots are
requested;
(7) A statement
that the elector is a member of the organized militia serving on active
duty within the state;
(8) If the
request is for primary election ballots, the elector's party
affiliation;
(9) A statement
that the applicant bears a relationship to the elector as specified in
division (B) of this section;
(10) The address
to which ballots shall be mailed or telephone number to which ballots
shall be sent by facsimile machine;
(11) The signature and address of the person making the application.
(C) Applications to have absent voter's
ballots mailed or sent by facsimile machine shall not be valid if
dated, postmarked, or received by the director prior to the ninetieth
day before the day of the election for which ballots are requested or
if delivered to the director later than twelve noon of the third day
preceding the day of such election. If, after the ninetieth day and
before four p.m. of the day before the day of an election, a valid
application for absent voter's ballots is delivered to the director of
elections at the office of the board by a militia member making
application in the militia member's own behalf, the director shall
forthwith deliver to the militia member all absent voter's ballots then
ready for use, together with an identification envelope. The militia
member shall then vote the absent voter's ballots in the manner
provided in section 3509.05 of the Revised Code.
HISTORY: 133 v S 591 (Eff 9-16-70); 135 v S 429 (Eff 7-26-74); 135 v H
662 (Eff 9-27-74); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1, eff.
1-27-06.
[§ 3509.03.2] § 3509.032. Repealed.
Repealed, 135 v S 429, § 2 [134 v S 460; 135 v H 73]. Eff 7-26-74.
§ 3509.04. Notice to applicant of need for additional information; delivery of ballots to voter; return envelope.
I went into the Fulton BOE office to get a few copies of the voter
registration forms and was told that I could only get 2 copies unless I
registered and trained as a paid, professional voter
registration. This despite a pile of forms sitting on the
counter.
(A) If a director of a board of elections receives an application
for absent voter's ballots that does not contain all of the required
information, the director promptly shall notify the applicant of the
additional information required to be provided by the applicant to
complete that application.
I questioned this and was told that all BOEs members and employees were
instructed to do this at the June conference by the SOS
office.
(B) Upon receipt by the director of elections of an application
for absent voter's ballots that contain all of the required
information, as provided by sections 3509.03 and 3509.031 [3509.03.1]
and division (G) of section 3503.16 of the Revised Code, the director,
if the director finds that the applicant is a qualified elector, shall
deliver to the applicant in person or mail directly to the applicant by
special delivery mail, air mail, or regular mail, postage prepaid,
proper absent voter's ballots. The director shall deliver or mail with
the ballots an unsealed identification envelope upon the face of which
shall be printed a form substantially as follows:
Further, I noticed and was informed that they just recieved a 2+ year
supply voter registration forms with Ken Blackwell's name and the
Columbus address on them. In the past the county has their own
address on the forms and recieved the forms directly instead of them
being funneled through the SOS office. Most of these forms will
be garbage after November, I wonder if the printing company and it's
employees are contributors to the Blackwell campaign?
______________________________ "Identification Envelope Statement of
Voter
Finally, I noticed that the new forms are not of the proper paper
weight as Blackwell had mandated. The paper was very thin and
does not seem to meet Blackwell's paperweight
requirement.
I, .......... (Name of voter), declare under penalty of election
falsification that the within ballot or ballots contained no voting
marks of any kind when I received them, and I caused the ballot or
ballots to be marked, enclosed in the identification envelope, and
sealed in that envelope.
My voting residence in Ohio is
..........................................................................
(Street and Number, if any, or Rural Route and Number)
of ............... (City, Village, or
Township) Ohio, which is in Ward ............... Precinct
............... in that city, village, or township.
The primary election ballots, if any, within this
envelope are primary election ballots of the .......... Party.
Ballots contained within this envelope are to be
voted at the .......... (general, special, or primary) election
to be held on the ............... day of ..........,
.....
My date of birth is .......... (Month and Day), ..... (Year).
(Voter must provide one of the following:)
My driver's license number is .......... (Driver's license number).
The last four digits of my Social Security Number
are ..... (Last four digits of Social Security Number).
..... In lieu of providing a driver's license
number or the last four digits of my Social Security Number, I am
enclosing a copy of one of the following in the return envelope in
which this identification envelope will be mailed: a current and valid
photo identification or a current utility bill, bank statement,
government check, paycheck, or other government document that shows my
name and address.
I hereby declare, under penalty of election
falsification, that the statements above are true, as I verily believe.
....................
(Signature of Voter)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."
The director shall mail with the ballots and the
unsealed identification envelope an unsealed return envelope upon the
face of which shall be printed the official title and post-office
address of the director. In the upper left corner on the face of the
return envelope, several blank lines shall be printed upon which the
voter may write the voter's name and return address, and beneath these
lines there shall be printed a box beside the words "check if
out-of-country." The voter shall check this box if the voter will be
outside the United States on the day of the election. The return
envelope shall be of such size that the identification envelope can be
conveniently placed within it for returning the identification envelope
to the director.
HISTORY: GC § 4785-136; 113 v 307(371), § 136; 118 v
223(234); 122 v 325(350); Bureau of Code Revision, 10-1-53; 125 v
713(765); 127 v 741 (Eff 1-1-58); 133 v S 51 (Eff 11-19-69); 133 v S
591 (Eff 9-16-70); 134 v S 460 (Eff 3-23-72); 135 v H 73 (Eff
10-31-73); 135 v S 429 (Eff 7-26-74); 135 v S 237 (Eff 9-23-74); 135 v
H 662 (Eff 9-27-74); 136 v H 1 (Eff 6-13-75); 138 v S 225 (Eff
1-16-80); 138 v H 1062 (Eff 3-23-81); 140 v S 79 (Eff 7-4-84); 143 v H
237 (Eff 7-27-90); 144 v H 438 (Eff 9-23-92); 145 v S 300 (Eff 1-1-95);
146 v H 99 (Eff 8-22-95); 148 v H 495 (Eff 5-9-2000); 149 v H 5. Eff
8-28-2001; 151 v H 234, § 1, eff. 1-27-06.
§ 3509.05. Voting procedure.
(A) When an elector receives an absent
voter's ballot pursuant to the elector's application or request, the
elector shall, before placing any marks on the ballot, note whether
there are any voting marks on it. If there are any voting marks, the
ballot shall be returned immediately to the board of elections;
otherwise, the elector shall cause the ballot to be marked, folded in a
manner that the stub on it and the indorsements and facsimile
signatures of the members of the board of elections on the back of it
are visible, and placed and sealed within the identification envelope
received from the director of elections for that purpose. Then, the
elector shall cause the statement of voter on the outside of the
identification envelope to be completed and signed, under penalty of
election falsification.
If the elector does not provide the elector's
driver's license number or the last four digits of the elector's social
security number on the statement of voter on the identification
envelope, the elector also shall include in the return envelope with
the identification envelope a copy of the elector's current valid photo
identification or a copy of a current utility bill, bank statement,
government check, paycheck, or other government document that shows the
name and address of the elector.
The elector shall mail the identification
envelope to the director from whom it was received in the return
envelope, postage prepaid, or the elector may personally deliver it to
the director, or the spouse of the elector, the father, mother,
father-in-law, mother-in-law, grandfather, grandmother, brother, or
sister of the whole or half blood, or the son, daughter, adopting
parent, adopted child, stepparent, stepchild, uncle, aunt, nephew, or
niece of the elector may deliver it to the director. The return
envelope shall be transmitted to the director in no other manner,
except as provided in section 3509.08 of the Revised Code.
Each elector who will be outside the United
States on the day of the election shall check the box on the return
envelope indicating this fact.
When absent voter's ballots are delivered to
an elector at the office of the board, the elector may retire to a
voting compartment provided by the board and there mark the ballots.
Thereupon, the elector shall fold them, place them in the
identification envelope provided, seal the envelope, fill in and sign
the statement on the envelope under penalty of election falsification,
and deliver the envelope to the director of the board.
Except as otherwise provided in divisions (B)
and (C) of this section, all other envelopes containing marked absent
voter's ballots shall be delivered to the director not later than the
close of the polls on the day of an election. Absent voter's ballots
delivered to the director later than the times specified shall not be
counted, but shall be kept by the board in the sealed identification
envelopes in which they are delivered to the director, until the time
provided by section 3505.31 of the Revised Code for the destruction of
all other ballots used at the election for which ballots were provided,
at which time they shall be destroyed.
(B) Except as otherwise provided in
division (C) of this section, any return envelope that indicates that
the voter will be outside the United States on the day of the election
shall be delivered to the director prior to the eleventh day after the
election. Ballots delivered in such envelopes that are received after
the close of the polls on election day through the tenth day thereafter
shall be counted on the eleventh day at the board of elections in the
manner provided in divisions (C) and (D) of section 3509.06 of the
Revised Code. Any such ballots that are signed or postmarked after the
close of the polls on the day of the election or that are received by
the director later than the tenth day following the election shall not
be counted, but shall be kept by the board in the sealed identification
envelopes as provided in division (A) of this section.
(C) In any year in which a presidential
primary election is held, any return envelope that indicates that the
voter will be outside the United States on the day of the presidential
primary election shall be delivered to the director prior to the
twenty-first day after that election. Ballots delivered in such
envelopes that are received after the close of the polls on election
day through the twentieth day thereafter shall be counted on the
twenty-first day at the board of elections in the manner provided in
divisions (C) and (D) of section 3509.06 of the Revised Code. Any such
ballots that are signed or postmarked after the close of the polls on
the day of that election or that are received by the director later
than the twentieth day following that election shall not be counted,
but shall be kept by the board in the sealed identification envelopes
as provided in division (A) of this section.
HISTORY: GC § 4785-137; 113 v 307(372), § 137; 118 v
223(235); 122 v 325(351); Bureau of Code Revision, 10-1-53; 125 v
713(766) (Eff 1-1-54); 133 v S 591 (Eff 9-16-70); 134 v S 460 (Eff
3-23-72); 135 v S 429 (Eff 7-26-74); 135 v H 662 (Eff 9-27-74); 138 v H
1062 (Eff 3-23-81); 140 v S 79 (Eff 7-4-84); 143 v H 237 (Eff 7-27-90);
145 v S 150. Eff 12-29-93; 151 v H 234, § 1, eff. 1-27-06.
§ 3509.06. Counting of ballots.
(A) The board of elections shall
determine whether absent voter's ballots shall be counted in each
precinct, at the office of the board, or at some other location
designated by the board, and shall proceed accordingly under division
(B) or (C) of this section.
(B) When the board of elections
determines that absent voter's ballots shall be counted in each
precinct, the director shall deliver to the presiding judge of each
precinct on election day identification envelopes purporting to contain
absent voter's ballots of electors whose voting residence appears from
the statement of voter on the outside of each of those envelopes, to be
located in such presiding judge's precinct, and which were received by
the director not later than the close of the polls on election day. The
director shall deliver to such presiding judge a list containing the
name and voting residence of each person whose voting residence is in
such precinct to whom absent voter's ballots were mailed.
(C) When the board of elections
determines that absent voter's ballots shall be counted at the office
of the board of elections or at another location designated by the
board, special election judges shall be appointed by the board for that
purpose having the same authority as is exercised by precinct judges.
The votes so cast shall be added to the vote totals by the board, and
the absent voter's ballots shall be preserved separately by the board,
in the same manner and for the same length of time as provided by
section 3505.31 of the Revised Code.
(D) Each of the identification envelopes
purporting to contain absent voter's ballots delivered to the presiding
judge of the precinct or the special judge appointed by the board of
elections shall be handled as follows: The election officials shall
compare the signature of the elector on the outside of the
identification envelope with the signature of that elector on the
elector's registration form and verify that the absent voter's ballot
is eligible to be counted under section 3509.07 of the Revised Code.
Any of the precinct officials may challenge the right of the elector
named on the identification envelope to vote the absent voter's ballots
upon the ground that the signature on the envelope is not the same as
the signature on the registration form, or upon any other of the
grounds upon which the right of persons to vote may be lawfully
challenged. If no such challenge is made, or if such a challenge is
made and not sustained, the presiding judge shall open the envelope
without defacing the statement of voter and without mutilating the
ballots in it, and shall remove the ballots contained in it and proceed
to count them.
The name of each person voting who is entitled
to vote only an absent voter's presidential ballot shall be entered in
a pollbook or poll list or signature pollbook followed by the words
"Absentee Presidential Ballot." The name of each person voting an
absent voter's ballot, other than such persons entitled to vote only a
presidential ballot, shall be entered in the pollbook or poll list or
signature pollbook and the person's registration card marked to
indicate that the person has voted.
The date of such election shall also be
entered on the elector's registration form. If any such challenge is
made and sustained, the identification envelope of such elector shall
not be opened, shall be endorsed "Not Counted" with the reasons the
ballots were not counted, and shall be delivered to the board.
(E) Special election judges or employees
or members of the board of elections shall not disclose the count or
any portion of the count of absent voter's ballots prior to the time of
the closing of the polling places. No person shall recklessly disclose
the count or any portion of the count of absent voter's ballots in such
a manner as to jeopardize the secrecy of any individual ballot.
HISTORY: GC § 4785-138; 113 v 307(372), § 138; 114 v
679(696); 122 v 325(352); Bureau of Code Revision, 10-1-53; 125 v
713(767) (Eff 1-1-54); 134 v S 460 (Eff 3-23-72); 135 v S 429 (Eff
7-26-74); 135 v S 237 (Eff 9-23-74); 137 v S 125 (Eff 5-27-77); 138 v H
1062 (Eff 3-23-81); 140 v S 79. Eff 7-4-84; 151 v H 234, § 1, eff.
1-27-06.
[§ 3509.06.1] § 3509.061. Repealed.
Repealed, 134 v S 460, § 2 [133 v S 51; 134 v H 1]. Eff 3-23-72.
§ 3509.07. Rejection of absentee votes.
If election officials find that the statement accompanying an absent
voter's ballot or absent voter's presidential ballot is insufficient,
that the signatures do not correspond with the person's registration
signature, that the applicant is not a qualified elector in the
precinct, that the ballot envelope contains more than one ballot of any
one kind, or any voted ballot that the elector is not entitled to vote,
that Stub A is detached from the absent voter's ballot or absent
voter's presidential ballot, or that the elector has not included with
the elector's ballot any identification required under section 3509.05
or 3511.09 of the Revised Code, the vote shall not be accepted or
counted. The vote of any absent voter may be challenged for cause in
the same manner as other votes are challenged, and the election
officials shall determine the legality of that ballot. Every ballot not
counted shall be endorsed on its back "Not Counted" with the reasons
the ballot was not counted, and shall be enclosed and returned to or
retained by the board of elections along with the contested ballots.
HISTORY: GC § 4785-139; 113 v 307(373), § 139; Bureau of Code
Revision, 10-1-53; 134 v S 460 (Eff 3-23-72); 135 v S 429 (Eff
7-26-74); 149 v H 5. Eff 8-28-2001; 150 v H 262, § 1, eff. 5-7-04;
151 v H 234, § 1, eff. 1-27-06.
§ 3509.08. Disabled voters; medical emergencies; confinement in jail.
(A) Any qualified elector, who, on
account of the elector's own personal illness, physical disability, or
infirmity, or on account of the elector's confinement in a jail or
workhouse under sentence for a misdemeanor or awaiting trial on a
felony or misdemeanor, will be unable to travel from the elector's home
or place of confinement to the voting booth in the elector's precinct
on the day of any general, special, or primary election may make
application in writing for an absent voter's ballot to the director of
the board of elections of the elector's county. The application shall
include all of the information required under section 3509.03 of the
Revised Code and shall state the nature of the elector's illness,
physical disability, or infirmity, or the fact that the elector is
confined in a jail or workhouse and the elector's resultant inability
to travel to the election booth in the elector's precinct on election
day. The application shall not be valid if it is delivered to the
director before the ninetieth day or after twelve noon of the third day
before the day of the election at which the ballot is to be voted.
The absent voter's ballot may be mailed
directly to the applicant at the applicant's voting residence or place
of confinement as stated in the applicant's application, or the board
may designate two board employees belonging to the two major political
parties for the purpose of delivering the ballot to the disabled or
confined elector and returning it to the board, unless the applicant is
confined to a public or private institution within the county, in which
case the board shall designate two such employees for the purpose of
delivering the ballot to the disabled or confined elector and returning
it to the board. In all other instances, the ballot shall be returned
to the office of the board in the manner prescribed in section 3509.05
of the Revised Code.
Any disabled or confined elector who declares
to the two employees that the elector is unable to mark the elector's
ballot by reason of physical infirmity that is apparent to the
employees to be sufficient to incapacitate the voter from marking the
elector's ballot properly, may receive, upon request, the assistance of
the two employees in marking the elector's ballot, and they shall
thereafter give no information in regard to this matter. Such
assistance shall not be rendered for any other cause.
When two board employees deliver a ballot to a
disabled or confined elector, each of the employees shall be present
when the ballot is delivered, when assistance is given, and when the
ballot is returned to the office of the board, and shall subscribe to
the declaration on the identification envelope.
The secretary of state shall prescribe the
form of application for absent voter's ballots under this division.
This chapter applies to disabled and confined
absent voter's ballots except as otherwise provided in this section.
(B)
(1) Any
qualified elector who is unable to travel to the voting booth in the
elector's precinct on the day of any general, special, or primary
election because of being confined in a hospital as a result of an
accident or unforeseeable medical emergency occurring before the
election, may apply to the director of the board of elections of the
county where the elector is a qualified elector to vote in the election
by absent voter's ballot. This application shall be made in writing,
shall include all of the information required under section 3509.03 of
the Revised Code, and shall be delivered to the director not later than
three p.m. on the day of the election. The application shall indicate
the hospital where the applicant is confined, the date of the
applicant's admission to the hospital, and the offices for which the
applicant is qualified to vote. The applicant may also request that a
member of the applicant's family, as listed in section 3509.05 of the
Revised Code, deliver the absent voter's ballot to the applicant. The
director, after establishing to the director's satisfaction the
validity of the circumstances claimed by the applicant, shall supply an
absent voter's ballot to be delivered to the applicant. When the
applicant is in a hospital in the county where the applicant is a
qualified elector and no request is made for a member of the family to
deliver the ballot, the director shall arrange for the delivery of an
absent voter's ballot to the applicant, and for its return to the
office of the board, by two employees according to the procedures
prescribed in division (A) of this section. When the applicant is in a
hospital outside the county where the applicant is a qualified elector
and no request is made for a member of the family to deliver the
ballot, the director shall arrange for the delivery of an absent
voter's ballot to the applicant by mail, and the ballot shall be
returned to the office of the board in the manner prescribed in section
3509.05 of the Revised Code.
(2) Any
qualified elector who is eligible to vote under division (B) or (C) of
section 3503.16 of the Revised Code but is unable to do so because of
the circumstances described in division (B)(1) of this section may vote
in accordance with division (B)(1) of this section if that qualified
elector states in the application for absent voter's ballots that that
qualified elector moved or had a change of name under the circumstances
described in division (B) or (C) of section 3503.16 of the Revised Code
and if that qualified elector complies with divisions (G)(1) to (4) of
section 3503.16 of the Revised Code.
(C) Any qualified elector described in
division (A) or (B)(1) of this section who needs no assistance to vote
or to return absent voter's ballots to the board of elections may apply
for absent voter's ballots under section 3509.03 of the Revised Code
instead of applying for them under this section.
HISTORY: GC § 4785-140; 113 v 307(373), § 140; 118 v
223(235); 120 v 16; 124 v 673(698); Bureau of Code Revision, 10-1-53;
125 v 713(768); 127 v 741 (Eff 1-1-58); 129 v 1579 (Eff 10-12-61); 133
v H 205 (Eff 11-12-69); 134 v S 460 (Eff 3-23-72); 135 v H 73 (Eff
10-31-73); 135 v S 429 (Eff 7-26-74); 135 v H 662 (Eff 9-27-74); 137 v
S 125 (Eff 5-27-77); 138 v H 1062 (Eff 3-23-81); 139 v H 388 (Eff
7-6-82); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1, eff. 1-27-06.
[§ 3509.08.1] § 3509.081. Repealed.
Repealed, 135 v S 429, § 2 [133 v H 205]. Eff 7-26-74.
§ 3509.09. Casting ballot in precinct on election day when absentee ballot has been previously requested.
(A) The poll list or signature pollbook
for each precinct shall identify each registered elector in that
precinct who has requested an absent voter's ballot for that election.
(B)
(1) If a
registered elector appears to vote in that precinct and that elector
has requested an absent voter's ballot for that election but the
director has not received a sealed identification envelope purporting
to contain that elector's voted absent voter's ballots for that
election, the elector shall be permitted to cast a ballot, generally in
the manner prescribed in division (B) of section 3503.16 of the Revised
Code, in that precinct on the day of that election.
(2) If a
registered elector appears to vote in that precinct and that elector
has requested an absent voter's ballot for that election and the
director has received a sealed identification envelope purporting to
contain that elector's voted absent voter's ballots for that election,
the elector shall be permitted to cast a ballot, generally in the
manner prescribed in division (B) of section 3503.16 of the Revised
Code, in that precinct on the day of that election.
(C)
(1) In
counting absent voter's ballots under section 3509.06 of the Revised
Code, the board of elections or the precinct election officials shall
compare the poll list or the signature pollbook for each precinct with
the name of each elector in that precinct from whom the director has
received a sealed identification envelope purporting to contain that
elector's voted absent voter's ballots for that election. Except as
otherwise provided in division (C)(2) of this section, if the board of
elections determines that an elector who cast a ballot, generally in
the manner prescribed in division (B) of section 3503.16 of the Revised
Code, in the precinct on the day of the election also returned a sealed
identification envelope for that election, the absent voter's ballot in
the sealed identification envelope shall be counted, and the ballot
cast in the precinct on the day of the election shall not be counted.
(2) The board of
elections shall count the ballot cast in the precinct on the day of the
election, instead of the absent voter's ballot in the returned sealed
identification envelope of an elector, if both of the following apply:
(a) The board of elections determines that the signature of the elector
on the outside of the identification envelope in which the absent
voter's ballots are enclosed does not match the signature of the
elector on the elector's registration form;
(b) The elector cast a ballot, generally in the manner prescribed in
division (B) of section 3503.16 of the Revised Code, in the precinct on
the day of the election.
If the board of elections counts the ballot cast in the precinct on the
day of the election under this division, the identification envelope of
that elector shall not be opened, and the ballot within that envelope
shall not be counted. The identification envelope shall be endorsed
"Not Counted" with the reason the ballot was not counted.
HISTORY: 151 v H 234, § 1, eff. 1-27-06.
CHAPTER 3509
ABSENT VOTER'S BALLOTS
Section
3509.01. Absent voter's ballots.
3509.02. Who may vote by absent voter's ballot.
[3509.02.1]
3509.021.Marking of applications and identification envelopes.
[3509.02.2]
3509.022.Overseas voters.
3509.03. Application for ballots.
[3509.03.1]
3509.031.Absentee ballots for militia members on active duty.
[3509.03.2] 3509.032.[Repealed]
3509.04. Notice to
applicant of need for additional information; delivery of ballots to
voter; return envelope.
3509.05. Voting procedure.
3509.06. Counting of ballots.
[3509.06.1] 3509.061.[Repealed]
3509.07. Rejection of absentee votes.
3509.08. Disabled voters;
medical emergencies; confinement in jail.
[3509.08.1] 3509.081.[Repealed]
3509.09. Casting ballot in
precinct on election day when absentee ballot has been previously
requested.
§ 3509.01. Absent voter's ballots.
The board of elections of each county shall provide absent voter's
ballots for use at every primary and general election, or special
election to be held on the day specified by division (E) of section
3501.01 of the Revised Code for the holding of a primary election,
designated by the general assembly for the purpose of submitting
constitutional amendments proposed by the general assembly to the
voters of the state. Those ballots shall be the same size, shall be
printed on the same kind of paper, and shall be in the same form as has
been approved for use at the election for which those ballots are to be
voted; except that, in counties using marking devices, ballot cards may
be used for absent voter's ballots, and those absent voters shall be
instructed to record the vote in the manner provided on the ballot
cards. In counties where punch card ballots are used, those absent
voters shall be instructed to examine their marked ballot cards and to
remove any chads that remain partially attached to them before
returning them to election officials.
The rotation of names of candidates and questions and issues shall be
substantially complied with on absent voter's ballots, within the
limitation of time allotted. Those ballots shall be designated as
"Absent Voter's Ballots" and shall be printed and ready for use on the
thirty-fifth day before the day of the election, except that those
ballots shall be printed and ready for use on the twenty-fifth day
before the day of a presidential primary election.
Absent voter's ballots provided for use at a general or primary
election, or special election to be held on the day specified by
division (E) of section 3501.01 of the Revised Code for the holding of
a primary election, designated by the general assembly for the purpose
of submitting constitutional amendments proposed by the general
assembly to the voters of the state, shall include only those
questions, issues, and candidacies that have been lawfully ordered
submitted to the electors voting at that election.
Absent voter's ballots for special elections held on days other than
the day on which general or primary elections are held shall be ready
for use as many days before the day of the election as reasonably
possible under the laws governing the holding of that special election.
A copy of the absent voter's ballots shall be forwarded by the director
of the board in each county to the secretary of state at least
twenty-five days before the election.
As used in this section, "chad" and "punch card ballot" have the same meanings as in section 3506.16 of the Revised Code.
HISTORY: GC § 4785-113; 113 v 307(358); § 113; 114 v
679(694); Bureau of Code Revision, 10-1-53; 125 v 713(763); 128 v 94
(Eff 9-28-59); 129 v 1653 (Eff 6-29-61); 132 v H 934 (Eff 5-31-68); 135
v S 44 (Eff 9-11-73); 135 v H 662 (Eff 9-27-74); 138 v H 1062 (Eff
3-23-81); 140 v S 213 (Eff 10-13-83); 145 v S 150 (Eff 12-29-93); 146 v
H 99 (Eff 8-22-95); 146 v S 261 (Eff 11-20-96); 149 v H 5. Eff
8-28-2001.
§ 3509.02. Who may vote by absent voter's ballot.
(A) Any qualified elector may vote by absent voter's ballots at an election.
(B) Any qualified elector who is unable
to appear at the office of the board of elections or other location
designated by the board on account of personal illness, physical
disability, or infirmity, and who moves from one precinct to another
within a county, changes the elector's name and moves from one precinct
to another within a county, or 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 filed a notice of change of residence or
change of name may vote by absent voter's ballots in that election as
specified in division (G) of section 3503.16 of the Revised Code.
HISTORY: GC § 4785-134; 113 v 307(370), § 134; 114 v
679(695); 118 v 223; 122 v 325(348); Bureau of Code Revision, 10-1-53;
127 v 741 (Eff 1-1-58); 132 v S 102 (Eff 4-24-67); 133 v S 51 (Eff
11-19-69); 133 v S 591 (Eff 9-16-70); 135 v H 73 (Eff 10-31-73); 135 v
S 429 (Eff 7-26-74); 135 v S 237 (Eff 9-23-74); 138 v H 1062 (Eff
3-23-81); 143 v H 237 (Eff 7-27-90); 144 v H 438 (Eff 9-23-92); 145 v S
300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1, eff.
1-27-06.
[§ 3509.02.1] § 3509.021. Marking of applications and identification envelopes.
Except as provided in section 3509.031 [3509.03.1] of the Revised Code
all identification envelopes containing absent voter's ballots for
former resident voters who are entitled to vote for presidential and
vice-presidential electors only, shall have printed or stamped thereon
the words, "Presidential Ballot."
HISTORY: 133 v S 51 (Eff 11-19-69); 133 v S 591 (Eff 9-16-70); 134 v S
460 (Eff 3-23-72); 135 v H 662 (Eff 9-27-74); 136 v H 1. Eff 6-13-75.
[§ 3509.02.2] § 3509.022. Overseas voters.
An overseas voter as defined in 42 U.S.C. 1973ff-6, other than an
absent uniformed services voter as defined in that statute, may apply
for an absent voter's ballot as provided in this chapter.
HISTORY: 151 v H 234, § 1, eff. 1-27-06.
§ 3509.03. Application for ballots.
Except as provided in section 3509.031 [3509.03.1] or division (B) of
section 3509.08 of the Revised Code, any qualified elector desiring to
vote absent voter's ballots at an election shall make written
application for those ballots to the director of elections of the
county in which the elector's voting residence is located. The
application need not be in any particular form but shall contain all of
the following:
(A) The elector's name;
(B) The elector's signature;
(C) The address at which the elector is registered to vote;
(D) The elector's date of birth;
(E) One of the following:
(1) The elector's driver's license number;
(2) The last four digits of the elector's social security number;
(3) A copy of
the elector's current and valid photo identification or a copy of a
current utility bill, bank statement, government check, paycheck, or
other government document that shows the name and address of the
elector.
(F) A statement identifying the election for which absent voter's ballots are requested;
(G) A statement that the person requesting the ballots is a qualified elector;
(H) If the request is for primary election ballots, the elector's party affiliation;
(I) If the elector desires ballots to be
mailed to the elector, the address to which those ballots shall be
mailed.
A voter who will be outside the United States
on the day of any election during a calendar year may use a single
federal post card application to apply for absent voter's ballots.
Those ballots shall be sent to the voter for use at the primary and
general elections in that year and any special election to be held on
the day in that year specified by division (E) of section 3501.01 of
the Revised Code for the holding of a primary election, designated by
the general assembly for the purpose of submitting constitutional
amendments proposed by the general assembly to the voters of the state
unless the voter reports a change in the voter's voting status to the
board of elections or the voter's intent to vote in any such election
in the precinct in this state where the voter is registered to vote. A
single federal postcard application shall be processed by the board of
elections pursuant to section 3509.04 of the Revised Code the same as
if the voter had applied separately for absent voter's ballots for each
election. When mailing absent voter's ballots to a voter who applied
for them by single federal post card application, the board shall
enclose notification to the voter that the voter must report to the
board subsequent changes in the voter's voting status or the voter's
subsequent intent to vote in any such election in the precinct in this
state where the voter is registered to vote. Such notification shall be
in a form prescribed by the secretary of state. As used in this
section, "voting status" means the voter's name at the time the voter
applied for absent voter's ballots by single federal post card
application and the voter's address outside the United States to which
the voter requested that those ballots be sent.
Each application for absent voter's ballots
shall be delivered to the director not earlier than the first day of
January of the year of the elections for which the absent voter's
ballots are requested or not earlier than ninety days before the day of
the election at which the ballots are to be voted, whichever is
earlier, and not later than twelve noon of the third day before the day
of the election at which the ballots are to be voted, or not later than
the close of regular business hours on the day before the day of the
election at which the ballots are to be voted if the application is
delivered in person to the office of the board.
HISTORY: GC § 4785-135; 113 v 307(370), § 135; 114 v
679(695); 118 v 223; 122 v 135(349); Bureau of Code Revision, 10-1-53;
125 v 713(764); 127 v 741 (Eff 1-1-58); 132 v S 102 (Eff 4-24-67); 133
v S 51 (Eff 11-19-69); 133 v S 591 (Eff 9-16-70); 134 v S 460 (Eff
3-23-72); 135 v H 73 (Eff 10-31-73); 135 v S 429 (Eff 7-26-74); 135 v S
237 (Eff 9-23-74); 135 v H 662 (Eff 9-27-74); 142 v H 23 (Eff
10-20-87); 143 v H 237 (Eff 7-27-90); 145 v S 150 (Eff 12-29-93); 145 v
S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1,
eff. 1-27-06.
[§ 3509.03.1] § 3509.031. Absentee ballots for militia members on active duty.
(A) Any qualified elector who is a
member of the organized militia called to active duty within the state
and who will be unable to vote on election day on account of that
active duty may make written application for absent voter's ballots to
the director of elections for the county in which the elector's voting
residence is located. The elector may personally deliver the
application to the director or may mail it, send it by facsimile
machine, or otherwise send it to the director. The application need not
be in any particular form but shall contain all of the following:
(1) The elector's name;
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document that shows the name and address
of the elector.
(6) A statement
identifying the election for which absent voter's ballots are
requested;
(7) A statement
that the person requesting the ballots is a qualified elector;
(8) A statement
that the elector is a member of the organized militia serving on active
duty within the state;
(9) If the
request is for primary election ballots, the elector's party
affiliation;
(10) If the
elector desires ballots to be mailed to the elector, the address to
which those ballots shall be mailed;
(11) If the
elector desires ballots to be sent to the elector by facsimile machine,
the telephone number to which they shall be so sent.
(B) Application to have absent voter's
ballots mailed or sent by facsimile machine to a qualified elector who
is a member of the organized militia called to active duty within the
state and who will be unable to vote on election day on account of that
active duty may be made by the spouse of the militia member or the
father, mother, father-in-law, mother-in-law, grandfather, grandmother,
brother or sister of the whole blood or half blood, son, daughter,
adopting parent, adopted child, stepparent, stepchild, uncle, aunt,
nephew, or niece of the militia member. The application shall be in
writing upon a blank form furnished only by the director. The form of
the application shall be prescribed by the secretary of state. The
director shall furnish that blank form to any of the relatives
specified in this division desiring to make the application, only upon
the request of such a relative in person at the office of the board or
upon the written request of such a relative mailed to the office of the
board. The application, subscribed and sworn to by the applicant, shall
contain all of the following:
(1) The full name of the elector for whom ballots are requested;
(2) A statement that such person is a qualified elector in the county;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document that shows the name and address
of the elector.
(6) A statement
identifying the election for which absent voter's ballots are
requested;
(7) A statement
that the elector is a member of the organized militia serving on active
duty within the state;
(8) If the
request is for primary election ballots, the elector's party
affiliation;
(9) A statement
that the applicant bears a relationship to the elector as specified in
division (B) of this section;
(10) The address
to which ballots shall be mailed or telephone number to which ballots
shall be sent by facsimile machine;
(11) The signature and address of the person making the application.
(C) Applications to have absent voter's
ballots mailed or sent by facsimile machine shall not be valid if
dated, postmarked, or received by the director prior to the ninetieth
day before the day of the election for which ballots are requested or
if delivered to the director later than twelve noon of the third day
preceding the day of such election. If, after the ninetieth day and
before four p.m. of the day before the day of an election, a valid
application for absent voter's ballots is delivered to the director of
elections at the office of the board by a militia member making
application in the militia member's own behalf, the director shall
forthwith deliver to the militia member all absent voter's ballots then
ready for use, together with an identification envelope. The militia
member shall then vote the absent voter's ballots in the manner
provided in section 3509.05 of the Revised Code.
HISTORY: 133 v S 591 (Eff 9-16-70); 135 v S 429 (Eff 7-26-74); 135 v H
662 (Eff 9-27-74); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1, eff.
1-27-06.
[§ 3509.03.2] § 3509.032. Repealed.
Repealed, 135 v S 429, § 2 [134 v S 460; 135 v H 73]. Eff 7-26-74.
§ 3509.04. Notice to applicant of need for additional information; delivery of ballots to voter; return envelope.
(A) If a director of a board of
elections receives an application for absent voter's ballots that does
not contain all of the required information, the director promptly
shall notify the applicant of the additional information required to be
provided by the applicant to complete that application.
(B) Upon receipt by the director of
elections of an application for absent voter's ballots that contain all
of the required information, as provided by sections 3509.03 and
3509.031 [3509.03.1] and division (G) of section 3503.16 of the Revised
Code, the director, if the director finds that the applicant is a
qualified elector, shall deliver to the applicant in person or mail
directly to the applicant by special delivery mail, air mail, or
regular mail, postage prepaid, proper absent voter's ballots. The
director shall deliver or mail with the ballots an unsealed
identification envelope upon the face of which shall be printed a form
substantially as follows:
______________________________ "Identification Envelope Statement of Voter
I, ..........
(Name of voter), declare under penalty of election falsification that
the within ballot or ballots contained no voting marks of any kind when
I received them, and I caused the ballot or ballots to be marked,
enclosed in the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
..........................................................................
(Street and Number, if any, or Rural Route and Number)
of
............... (City, Village, or Township) Ohio, which is in
Ward ............... Precinct ............... in that city,
village, or township.
The primary election
ballots, if any, within this envelope are primary election ballots of
the .......... Party.
Ballots contained
within this envelope are to be voted at the .......... (general,
special, or primary) election to be held on the ...............
day of .........., .....
My date of birth is .......... (Month and Day), ..... (Year).
(Voter must provide one of the following:)
My driver's license number is .......... (Driver's license number).
The last four digits
of my Social Security Number are ..... (Last four digits of
Social Security Number).
..... In lieu of
providing a driver's license number or the last four digits of my
Social Security Number, I am enclosing a copy of one of the following
in the return envelope in which this identification envelope will be
mailed: a current and valid photo identification or a current utility
bill, bank statement, government check, paycheck, or other government
document that shows my name and address.
I hereby declare,
under penalty of election falsification, that the statements above are
true, as I verily believe.
....................
(Signature of Voter)
WHOEVER COMMITS
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."
The director shall
mail with the ballots and the unsealed identification envelope an
unsealed return envelope upon the face of which shall be printed the
official title and post-office address of the director. In the upper
left corner on the face of the return envelope, several blank lines
shall be printed upon which the voter may write the voter's name and
return address, and beneath these lines there shall be printed a box
beside the words "check if out-of-country." The voter shall check this
box if the voter will be outside the United States on the day of the
election. The return envelope shall be of such size that the
identification envelope can be conveniently placed within it for
returning the identification envelope to the director.
HISTORY: GC § 4785-136; 113 v 307(371), § 136; 118 v
223(234); 122 v 325(350); Bureau of Code Revision, 10-1-53; 125 v
713(765); 127 v 741 (Eff 1-1-58); 133 v S 51 (Eff 11-19-69); 133 v S
591 (Eff 9-16-70); 134 v S 460 (Eff 3-23-72); 135 v H 73 (Eff
10-31-73); 135 v S 429 (Eff 7-26-74); 135 v S 237 (Eff 9-23-74); 135 v
H 662 (Eff 9-27-74); 136 v H 1 (Eff 6-13-75); 138 v S 225 (Eff
1-16-80); 138 v H 1062 (Eff 3-23-81); 140 v S 79 (Eff 7-4-84); 143 v H
237 (Eff 7-27-90); 144 v H 438 (Eff 9-23-92); 145 v S 300 (Eff 1-1-95);
146 v H 99 (Eff 8-22-95); 148 v H 495 (Eff 5-9-2000); 149 v H 5. Eff
8-28-2001; 151 v H 234, § 1, eff. 1-27-06.
§ 3509.05. Voting procedure.
(A) When an elector receives an absent
voter's ballot pursuant to the elector's application or request, the
elector shall, before placing any marks on the ballot, note whether
there are any voting marks on it. If there are any voting marks, the
ballot shall be returned immediately to the board of elections;
otherwise, the elector shall cause the ballot to be marked, folded in a
manner that the stub on it and the indorsements and facsimile
signatures of the members of the board of elections on the back of it
are visible, and placed and sealed within the identification envelope
received from the director of elections for that purpose. Then, the
elector shall cause the statement of voter on the outside of the
identification envelope to be completed and signed, under penalty of
election falsification.
If the elector does not provide the elector's
driver's license number or the last four digits of the elector's social
security number on the statement of voter on the identification
envelope, the elector also shall include in the return envelope with
the identification envelope a copy of the elector's current valid photo
identification or a copy of a current utility bill, bank statement,
government check, paycheck, or other government document that shows the
name and address of the elector.
The elector shall mail the identification
envelope to the director from whom it was received in the return
envelope, postage prepaid, or the elector may personally deliver it to
the director, or the spouse of the elector, the father, mother,
father-in-law, mother-in-law, grandfather, grandmother, brother, or
sister of the whole or half blood, or the son, daughter, adopting
parent, adopted child, stepparent, stepchild, uncle, aunt, nephew, or
niece of the elector may deliver it to the director. The return
envelope shall be transmitted to the director in no other manner,
except as provided in section 3509.08 of the Revised Code.
Each elector who will be outside the United
States on the day of the election shall check the box on the return
envelope indicating this fact.
When absent voter's ballots are delivered to
an elector at the office of the board, the elector may retire to a
voting compartment provided by the board and there mark the ballots.
Thereupon, the elector shall fold them, place them in the
identification envelope provided, seal the envelope, fill in and sign
the statement on the envelope under penalty of election falsification,
and deliver the envelope to the director of the board.
Except as otherwise provided in divisions (B)
and (C) of this section, all other envelopes containing marked absent
voter's ballots shall be delivered to the director not later than the
close of the polls on the day of an election. Absent voter's ballots
delivered to the director later than the times specified shall not be
counted, but shall be kept by the board in the sealed identification
envelopes in which they are delivered to the director, until the time
provided by section 3505.31 of the Revised Code for the destruction of
all other ballots used at the election for which ballots were provided,
at which time they shall be destroyed.
(B) Except as otherwise provided in
division (C) of this section, any return envelope that indicates that
the voter will be outside the United States on the day of the election
shall be delivered to the director prior to the eleventh day after the
election. Ballots delivered in such envelopes that are received after
the close of the polls on election day through the tenth day thereafter
shall be counted on the eleventh day at the board of elections in the
manner provided in divisions (C) and (D) of section 3509.06 of the
Revised Code. Any such ballots that are signed or postmarked after the
close of the polls on the day of the election or that are received by
the director later than the tenth day following the election shall not
be counted, but shall be kept by the board in the sealed identification
envelopes as provided in division (A) of this section.
(C) In any year in which a presidential
primary election is held, any return envelope that indicates that the
voter will be outside the United States on the day of the presidential
primary election shall be delivered to the director prior to the
twenty-first day after that election. Ballots delivered in such
envelopes that are received after the close of the polls on election
day through the twentieth day thereafter shall be counted on the
twenty-first day at the board of elections in the manner provided in
divisions (C) and (D) of section 3509.06 of the Revised Code. Any such
ballots that are signed or postmarked after the close of the polls on
the day of that election or that are received by the director later
than the twentieth day following that election shall not be counted,
but shall be kept by the board in the sealed identification envelopes
as provided in division (A) of this section.
HISTORY: GC § 4785-137; 113 v 307(372), § 137; 118 v
223(235); 122 v 325(351); Bureau of Code Revision, 10-1-53; 125 v
713(766) (Eff 1-1-54); 133 v S 591 (Eff 9-16-70); 134 v S 460 (Eff
3-23-72); 135 v S 429 (Eff 7-26-74); 135 v H 662 (Eff 9-27-74); 138 v H
1062 (Eff 3-23-81); 140 v S 79 (Eff 7-4-84); 143 v H 237 (Eff 7-27-90);
145 v S 150. Eff 12-29-93; 151 v H 234, § 1, eff. 1-27-06.
§ 3509.06. Counting of ballots.
(A) The board of elections shall
determine whether absent voter's ballots shall be counted in each
precinct, at the office of the board, or at some other location
designated by the board, and shall proceed accordingly under division
(B) or (C) of this section.
(B) When the board of elections
determines that absent voter's ballots shall be counted in each
precinct, the director shall deliver to the presiding judge of each
precinct on election day identification envelopes purporting to contain
absent voter's ballots of electors whose voting residence appears from
the statement of voter on the outside of each of those envelopes, to be
located in such presiding judge's precinct, and which were received by
the director not later than the close of the polls on election day. The
director shall deliver to such presiding judge a list containing the
name and voting residence of each person whose voting residence is in
such precinct to whom absent voter's ballots were mailed.
(C) When the board of elections
determines that absent voter's ballots shall be counted at the office
of the board of elections or at another location designated by the
board, special election judges shall be appointed by the board for that
purpose having the same authority as is exercised by precinct judges.
The votes so cast shall be added to the vote totals by the board, and
the absent voter's ballots shall be preserved separately by the board,
in the same manner and for the same length of time as provided by
section 3505.31 of the Revised Code.
(D) Each of the identification envelopes
purporting to contain absent voter's ballots delivered to the presiding
judge of the precinct or the special judge appointed by the board of
elections shall be handled as follows: The election officials shall
compare the signature of the elector on the outside of the
identification envelope with the signature of that elector on the
elector's registration form and verify that the absent voter's ballot
is eligible to be counted under section 3509.07 of the Revised Code.
Any of the precinct officials may challenge the right of the elector
named on the identification envelope to vote the absent voter's ballots
upon the ground that the signature on the envelope is not the same as
the signature on the registration form, or upon any other of the
grounds upon which the right of persons to vote may be lawfully
challenged. If no such challenge is made, or if such a challenge is
made and not sustained, the presiding judge shall open the envelope
without defacing the statement of voter and without mutilating the
ballots in it, and shall remove the ballots contained in it and proceed
to count them.
The name of each person voting who is entitled
to vote only an absent voter's presidential ballot shall be entered in
a pollbook or poll list or signature pollbook followed by the words
"Absentee Presidential Ballot." The name of each person voting an
absent voter's ballot, other than such persons entitled to vote only a
presidential ballot, shall be entered in the pollbook or poll list or
signature pollbook and the person's registration card marked to
indicate that the person has voted.
The date of such election shall also be
entered on the elector's registration form. If any such challenge is
made and sustained, the identification envelope of such elector shall
not be opened, shall be endorsed "Not Counted" with the reasons the
ballots were not counted, and shall be delivered to the board.
(E) Special election judges or employees
or members of the board of elections shall not disclose the count or
any portion of the count of absent voter's ballots prior to the time of
the closing of the polling places. No person shall recklessly disclose
the count or any portion of the count of absent voter's ballots in such
a manner as to jeopardize the secrecy of any individual ballot.
HISTORY: GC § 4785-138; 113 v 307(372), § 138; 114 v
679(696); 122 v 325(352); Bureau of Code Revision, 10-1-53; 125 v
713(767) (Eff 1-1-54); 134 v S 460 (Eff 3-23-72); 135 v S 429 (Eff
7-26-74); 135 v S 237 (Eff 9-23-74); 137 v S 125 (Eff 5-27-77); 138 v H
1062 (Eff 3-23-81); 140 v S 79. Eff 7-4-84; 151 v H 234, § 1, eff.
1-27-06.
[§ 3509.06.1] § 3509.061. Repealed.
Repealed, 134 v S 460, § 2 [133 v S 51; 134 v H 1]. Eff 3-23-72.
§ 3509.07. Rejection of absentee votes.
If election officials find that the statement accompanying an absent
voter's ballot or absent voter's presidential ballot is insufficient,
that the signatures do not correspond with the person's registration
signature, that the applicant is not a qualified elector in the
precinct, that the ballot envelope contains more than one ballot of any
one kind, or any voted ballot that the elector is not entitled to vote,
that Stub A is detached from the absent voter's ballot or absent
voter's presidential ballot, or that the elector has not included with
the elector's ballot any identification required under section 3509.05
or 3511.09 of the Revised Code, the vote shall not be accepted or
counted. The vote of any absent voter may be challenged for cause in
the same manner as other votes are challenged, and the election
officials shall determine the legality of that ballot. Every ballot not
counted shall be endorsed on its back "Not Counted" with the reasons
the ballot was not counted, and shall be enclosed and returned to or
retained by the board of elections along with the contested ballots.
HISTORY: GC § 4785-139; 113 v 307(373), § 139; Bureau of Code
Revision, 10-1-53; 134 v S 460 (Eff 3-23-72); 135 v S 429 (Eff
7-26-74); 149 v H 5. Eff 8-28-2001; 150 v H 262, § 1, eff. 5-7-04;
151 v H 234, § 1, eff. 1-27-06.
§ 3509.08. Disabled voters; medical emergencies; confinement in jail.
(A) Any qualified elector, who, on
account of the elector's own personal illness, physical disability, or
infirmity, or on account of the elector's confinement in a jail or
workhouse under sentence for a misdemeanor or awaiting trial on a
felony or misdemeanor, will be unable to travel from the elector's home
or place of confinement to the voting booth in the elector's precinct
on the day of any general, special, or primary election may make
application in writing for an absent voter's ballot to the director of
the board of elections of the elector's county. The application shall
include all of the information required under section 3509.03 of the
Revised Code and shall state the nature of the elector's illness,
physical disability, or infirmity, or the fact that the elector is
confined in a jail or workhouse and the elector's resultant inability
to travel to the election booth in the elector's precinct on election
day. The application shall not be valid if it is delivered to the
director before the ninetieth day or after twelve noon of the third day
before the day of the election at which the ballot is to be voted.
The absent voter's ballot may be mailed
directly to the applicant at the applicant's voting residence or place
of confinement as stated in the applicant's application, or the board
may designate two board employees belonging to the two major political
parties for the purpose of delivering the ballot to the disabled or
confined elector and returning it to the board, unless the applicant is
confined to a public or private institution within the county, in which
case the board shall designate two such employees for the purpose of
delivering the ballot to the disabled or confined elector and returning
it to the board. In all other instances, the ballot shall be returned
to the office of the board in the manner prescribed in section 3509.05
of the Revised Code.
Any disabled or confined elector who declares
to the two employees that the elector is unable to mark the elector's
ballot by reason of physical infirmity that is apparent to the
employees to be sufficient to incapacitate the voter from marking the
elector's ballot properly, may receive, upon request, the assistance of
the two employees in marking the elector's ballot, and they shall
thereafter give no information in regard to this matter. Such
assistance shall not be rendered for any other cause.
When two board employees deliver a ballot to a
disabled or confined elector, each of the employees shall be present
when the ballot is delivered, when assistance is given, and when the
ballot is returned to the office of the board, and shall subscribe to
the declaration on the identification envelope.
The secretary of state shall prescribe the
form of application for absent voter's ballots under this division.
This chapter applies to disabled and confined
absent voter's ballots except as otherwise provided in this section.
(B)
(1) Any
qualified elector who is unable to travel to the voting booth in the
elector's precinct on the day of any general, special, or primary
election because of being confined in a hospital as a result of an
accident or unforeseeable medical emergency occurring before the
election, may apply to the director of the board of elections of the
county where the elector is a qualified elector to vote in the election
by absent voter's ballot. This application shall be made in writing,
shall include all of the information required under section 3509.03 of
the Revised Code, and shall be delivered to the director not later than
three p.m. on the day of the election. The application shall indicate
the hospital where the applicant is confined, the date of the
applicant's admission to the hospital, and the offices for which the
applicant is qualified to vote. The applicant may also request that a
member of the applicant's family, as listed in section 3509.05 of the
Revised Code, deliver the absent voter's ballot to the applicant. The
director, after establishing to the director's satisfaction the
validity of the circumstances claimed by the applicant, shall supply an
absent voter's ballot to be delivered to the applicant. When the
applicant is in a hospital in the county where the applicant is a
qualified elector and no request is made for a member of the family to
deliver the ballot, the director shall arrange for the delivery of an
absent voter's ballot to the applicant, and for its return to the
office of the board, by two employees according to the procedures
prescribed in division (A) of this section. When the applicant is in a
hospital outside the county where the applicant is a qualified elector
and no request is made for a member of the family to deliver the
ballot, the director shall arrange for the delivery of an absent
voter's ballot to the applicant by mail, and the ballot shall be
returned to the office of the board in the manner prescribed in section
3509.05 of the Revised Code.
(2) Any
qualified elector who is eligible to vote under division (B) or (C) of
section 3503.16 of the Revised Code but is unable to do so because of
the circumstances described in division (B)(1) of this section may vote
in accordance with division (B)(1) of this section if that qualified
elector states in the application for absent voter's ballots that that
qualified elector moved or had a change of name under the circumstances
described in division (B) or (C) of section 3503.16 of the Revised Code
and if that qualified elector complies with divisions (G)(1) to (4) of
section 3503.16 of the Revised Code.
(C) Any qualified elector described in
division (A) or (B)(1) of this section who needs no assistance to vote
or to return absent voter's ballots to the board of elections may apply
for absent voter's ballots under section 3509.03 of the Revised Code
instead of applying for them under this section.
HISTORY: GC § 4785-140; 113 v 307(373), § 140; 118 v
223(235); 120 v 16; 124 v 673(698); Bureau of Code Revision, 10-1-53;
125 v 713(768); 127 v 741 (Eff 1-1-58); 129 v 1579 (Eff 10-12-61); 133
v H 205 (Eff 11-12-69); 134 v S 460 (Eff 3-23-72); 135 v H 73 (Eff
10-31-73); 135 v S 429 (Eff 7-26-74); 135 v H 662 (Eff 9-27-74); 137 v
S 125 (Eff 5-27-77); 138 v H 1062 (Eff 3-23-81); 139 v H 388 (Eff
7-6-82); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1, eff. 1-27-06.
[§ 3509.08.1] § 3509.081. Repealed.
Repealed, 135 v S 429, § 2 [133 v H 205]. Eff 7-26-74.
§ 3509.09. Casting ballot in precinct on election day when absentee ballot has been previously requested.
(A) The poll list or signature pollbook
for each precinct shall identify each registered elector in that
precinct who has requested an absent voter's ballot for that election.
(B)
(1) If a
registered elector appears to vote in that precinct and that elector
has requested an absent voter's ballot for that election but the
director has not received a sealed identification envelope purporting
to contain that elector's voted absent voter's ballots for that
election, the elector shall be permitted to cast a ballot, generally in
the manner prescribed in division (B) of section 3503.16 of the Revised
Code, in that precinct on the day of that election.
(2) If a
registered elector appears to vote in that precinct and that elector
has requested an absent voter's ballot for that election and the
director has received a sealed identification envelope purporting to
contain that elector's voted absent voter's ballots for that election,
the elector shall be permitted to cast a ballot, generally in the
manner prescribed in division (B) of section 3503.16 of the Revised
Code, in that precinct on the day of that election.
(C)
(1) In
counting absent voter's ballots under section 3509.06 of the Revised
Code, the board of elections or the precinct election officials shall
compare the poll list or the signature pollbook for each precinct with
the name of each elector in that precinct from whom the director has
received a sealed identification envelope purporting to contain that
elector's voted absent voter's ballots for that election. Except as
otherwise provided in division (C)(2) of this section, if the board of
elections determines that an elector who cast a ballot, generally in
the manner prescribed in division (B) of section 3503.16 of the Revised
Code, in the precinct on the day of the election also returned a sealed
identification envelope for that election, the absent voter's ballot in
the sealed identification envelope shall be counted, and the ballot
cast in the precinct on the day of the election shall not be counted.
(2) The board of
elections shall count the ballot cast in the precinct on the day of the
election, instead of the absent voter's ballot in the returned sealed
identification envelope of an elector, if both of the following apply:
(a) The board of elections determines that the signature of the elector
on the outside of the identification envelope in which the absent
voter's ballots are enclosed does not match the signature of the
elector on the elector's registration form;
(b) The elector cast a ballot, generally in the manner prescribed in
division (B) of section 3503.16 of the Revised Code, in the precinct on
the day of the election.
If the board of elections counts the ballot cast in the precinct on the
day of the election under this division, the identification envelope of
that elector shall not be opened, and the ballot within that envelope
shall not be counted. The identification envelope shall be endorsed
"Not Counted" with the reason the ballot was not counted.
HISTORY: 151 v H 234, § 1, eff. 1-27-06.
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CHAPTER 3511
ARMED SERVICES ABSENT VOTER'S BALLOTS
Section
3511.01. Eligibility.
3511.02. Application for ballots.
3511.03. Form of ballots.
3511.04. Notice to
applicant of need for additional information; mailing or faxing of
ballots.
3511.05. Identification and return of envelopes.
[3511.05.1]
3511.051.Marking of envelopes containing presidential ballots.
3511.06. Size and quality of envelopes.
3511.07. Precautionary measures for mailing.
3511.08. Record of ballots distributed.
3511.09. Procedure for voting.
3511.10. Voting in office of board of elections.
3511.11. Disposition of ballots received by board.
3511.12. Counting of ballots.
3511.13. Casting ballot in
precinct on election day when absentee ballot has been previously
requested.
§ 3511.01. Eligibility.
Any section of the Revised Code to the contrary notwithstanding, any
person serving in the armed forces of the United States, or the spouse
or dependent of any person serving in the armed forces of the United
States who resides outside this state for the purpose of being with or
near such service member, who will be eighteen years of age or more on
the day of a general or special election and who is a citizen of the
United States, may vote armed service absent voter's ballots in such
general or special election as follows:
(A) If the service member is the voter, he may
vote only in the precinct in which he has a voting residence in the
state, and that voting residence shall be that place in the precinct in
which he resided immediately preceding the commencement of such
service, provided that the time during which he continuously resided in
the state immediately preceding the commencement of such service plus
the time subsequent to such commencement and prior to the day of such
general, special, or primary election is equal to or exceeds thirty
days.
(B) If the spouse or dependent of a service
member is the voter, he may vote only in the precinct in which he has a
voting residence in the state, and that voting residence shall be that
place in the precinct in which he resided immediately preceding the
time of leaving the state for the purpose of being with or near the
service member, provided that the time during which he continuously
resided in the state immediately preceding the time of leaving the
state for the purpose of being with or near the service member plus the
time subsequent to such leaving and prior to the day of such general,
special, or primary election is equal to or exceeds thirty days.
(C) If the service member or his spouse or
dependent establishes a permanent residence in a precinct other than
the precinct in which he resided immediately preceding the commencement
of his service, the voting residence of both the service member and his
spouse or dependent shall be the precinct of such permanent residence,
provided that the time during which he continuously resided in the
state immediately preceding the commencement of such service plus the
time subsequent to such commencement and prior to the day of such
general, special, or primary election is equal to or exceeds thirty
days.
HISTORY: GC § 4785-141; 122 v 103; Bureau of Code Revision,
10-1-53; 129 v 360 (Eff 10-31-61); 133 v S 51 (Eff 11-19-69); 134 v H
677 (Eff 1-3-72); 134 v S 460 (Eff 3-23-72); 136 v S 32 (Eff 9-5-75);
142 v H 23. Eff 10-20-87.
§ 3511.02. Application for ballots.
Notwithstanding any section of the Revised Code to the contrary,
whenever any person applies for registration as a voter on a form
adopted in accordance with federal regulations relating to the
"Uniformed and Overseas Citizens Absentee Voting Act," 100 Stat. 924,
42 U.S.C.A. 1973ff (1986), this application shall be sufficient for
voter registration and as a request for an absent voter's ballot. Armed
service absent voter's ballots may be obtained by any person meeting
the requirements of section 3511.01 of the Revised Code by applying to
the director of the board of elections of the county in which the
person's voting residence is located, in one of the following ways:
(A) That person may make written application
for those ballots. The person may personally deliver the application to
the director or may mail it, send it by facsimile machine, or otherwise
send it to the director. The application need not be in any particular
form but shall contain all of the following information:
(1) The elector's name;
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document that shows the name and address
of the elector.
(6) A statement
identifying the election for which absent voter's ballots are
requested;
(7) A statement
that the person requesting the ballots is a qualified elector;
(8) A statement
that the elector is an absent uniformed services voter as defined in 42
U.S.C. 1973ff-6;
(9) A statement
of the elector's length of residence in the state immediately preceding
the commencement of service or immediately preceding the date of
leaving to be with or near the service member, whichever is applicable;
(10) If the
request is for primary election ballots, the elector's party
affiliation;
(11) If the
elector desires ballots to be mailed to the elector, the address to
which those ballots shall be mailed;
(12) If the
elector desires ballots to be sent to the elector by facsimile machine,
the telephone number to which they shall be so sent.
(B) A voter or any relative of a voter listed
in division (C) of this section may use a single federal post card
application to apply for armed service absent voter's ballots for use
at the primary and general elections in a given year and any special
election to be held on the day in that year specified by division (E)
of section 3501.01 of the Revised Code for the holding of a primary
election, designated by the general assembly for the purpose of
submitting constitutional amendments proposed by the general assembly
to the voters of the state. A single federal postcard application shall
be processed by the board of elections pursuant to section 3511.04 of
the Revised Code the same as if the voter had applied separately for
armed service absent voter's ballots for each election.
(C) Application to have armed service absent
voter's ballots mailed or sent by facsimile machine to such a person
may be made by the spouse when the person is a service member, or by
the father, mother, father-in-law, mother-in-law, grandfather,
grandmother, brother or sister of the whole blood or half blood, son,
daughter, adopting parent, adopted child, stepparent, stepchild, uncle,
aunt, nephew, or niece of such a person. The application shall be in
writing upon a blank form furnished only by the director or on a single
federal post card as provided in division (B) of this section. The form
of the application shall be prescribed by the secretary of state. The
director shall furnish that blank form to any of the relatives
specified in this division desiring to make the application, only upon
the request of such a relative made in person at the office of the
board or upon the written request of such a relative mailed to the
office of the board. The application, subscribed and sworn to by the
applicant, shall contain all of the following:
(1) The full name of the elector for whom ballots are requested;
(2) A statement
that the elector is an absent uniformed services voter as defined in 42
U.S.C. 1973ff-6;
(3) The address at which the elector is registered to vote;
(4) A statement
identifying the elector's length of residence in the state immediately
preceding the commencement of service, or immediately preceding the
date of leaving to be with or near a service member, as the case may
be;
(5) The elector's date of birth;
(6) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document that shows the name and address
of the elector.
(7) A statement
identifying the election for which absent voter's ballots are
requested;
(8) A statement
that the person requesting the ballots is a qualified elector;
(9) If the
request is for primary election ballots, the elector's party
affiliation;
(10) A statement
that the applicant bears a relationship to the elector as specified in
division (C) of this section;
(11) The address
to which ballots shall be mailed or the telephone number to which
ballots shall be sent by facsimile machine;
(12) The signature and address of the person making the application.
Each application
for armed service absent voter's ballots shall be delivered to the
director not earlier than the first day of January of the year of the
elections for which the armed service absent voter's ballots are
requested or not earlier than ninety days before the day of the
election at which the ballots are to be voted, whichever is earlier,
and not later than twelve noon of the third day preceding the day of
the election, or not later than the close of regular business hours on
the day before the day of the election at which those ballots are to be
voted if the application is delivered in person to the office of the
board.
(D) If the voter for whom the application is
made is entitled to vote for presidential and vice-presidential
electors only, the applicant shall submit to the director in addition
to the requirements of divisions (A), (B), and (C) of this section, a
statement to the effect that the voter is qualified to vote for
presidential and vice-presidential electors and for no other offices.
HISTORY: GC § 4785-141; 122 v 103; Bureau of Code Revision,
10-1-53; 129 v 360 (Eff 10-13-61); 133 v S 51 (Eff 11-19-69); 138 v H
1062 (Eff 3-23-81); 140 v S 79 (Eff 7-4-84); 142 v H 23 (Eff 10-20-87);
145 v S 150 (Eff 12-29-93); 146 v H 99. Eff 8-22-95; 151 v H 234,
§ 1, eff. 1-27-06.
§ 3511.03. Form of ballots.
The board of elections of each county shall provide armed service
absent voter's ballots for use at each election. Such ballots for
general or primary elections shall be prescribed on the sixtieth day
before the day of such elections and shall be the same as provided for
absent voters in section 3509.01 of the Revised Code.
HISTORY: GC § 4785-141; 122 v 103; Bureau of Code Revision, 10-1-53; 125 v 713(768) (Eff 1-1-54); 142 v H 23. Eff 10-20-87.
§ 3511.04. Notice to applicant of need for additional information; mailing or faxing of ballots.
(A) If a director of a board of
elections receives an application for armed service absent voter's
ballots that does not contain all of the required information, the
director promptly shall notify the applicant of the additional
information required to be provided by the applicant to complete that
application.
(B) Not later than the twenty-fifth day
before the day of each presidential primary election and not later than
the thirty-fifth day before the day of each general or other primary
election, and at the earliest possible time before the day of a special
election held on a day other than the day on which a general or primary
election is held, the director of the board of elections shall mail or
send by facsimile machine armed service absent voter's ballots then
ready for use as provided for in section 3511.03 of the Revised Code
and for which the director has received valid applications prior to
that time. Thereafter, and until twelve noon of the third day preceding
the day of election, the director shall promptly, upon receipt of valid
applications for them, mail or send by facsimile machine to the proper
persons all armed service absent voter's ballots then ready for use.
If, after the sixtieth day before the day of a
general or primary election, any other question, issue, or candidacy is
lawfully ordered submitted to the electors voting at the general or
primary election, the board shall promptly provide a separate official
issue, special election, or other election ballot for submitting the
question, issue, or candidacy to those electors, and the director shall
promptly mail or send by facsimile machine each such separate ballot to
each person to whom the director has previously mailed or sent by
facsimile machine other armed service absent voter's ballots.
In mailing armed service absent voter's
ballots, the director shall use the fastest mail service available, but
the director shall not mail them by certified mail.
HISTORY: GC § 4785-141; 122 v 103; Bureau of Code Revision,
10-1-53; 135 v H 662 (Eff 9-27-74); 138 v H 1062 (Eff 3-23-81); 145 v S
150 (Eff 12-29-93); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1,
eff. 1-27-06.
§ 3511.05. Identification and return of envelopes.
(A) The director of the board of
elections shall place armed service absent voter's ballots sent by mail
in an unsealed identification envelope, gummed ready for sealing. The
director shall include with armed service absent voter's ballots sent
by facsimile machine an instruction sheet for preparing a gummed
envelope in which the ballots shall be returned. The envelope for
returning ballots sent by either means shall have printed or written on
its face a form as follows:
"IDENTIFICATION ENVELOPE
Armed Service Absent Voter's Ballots -
Election .................................................................
(Day of week and date)
Information Concerning Voter
1. What is your full name? ....................
(Name must be printed)
2. What is the date of your birth? ....................
3. Are you a citizen of the United States? ....................
4. Where were you born? ....................
5. If a naturalized citizen, when and in what court were you
naturalized? ....................
6. Are you serving in the armed forces of the United States, or are you
the spouse of a person serving in the armed forces of the United States?
(Indicate which one) ....................
7. What was the date at the commencement of your service, or the date
you left the state of Ohio to be with or near your service member
spouse? ....................
8. Did you reside in the state of Ohio at the time of the commencement
of your service, or the time you left the state of Ohio to be with or
near your service member spouse?
....................
If so: What street and street number? ....................
What city or village? ....................
What township? ....................
What county? ....................
What is your present Ohio address? ....................
9. How long had you continuously resided in Ohio immediately preceding
the commencement of your service, or immediately preceding the date you
left the state of Ohio to be with or near your service member
spouse? ....................
10. Will you be outside the United States on the day of the
election? ....................
(Applicants who answer "yes" to this question must also check the
appropriate box on the return envelope to indicate that they will be
outside the United States.)
I hereby declare, under penalty of election falsification, that the
answers to the questions above set out are true and correct to the best
of my knowledge and belief, and that I am not claiming, for the purpose
of voting, a voting residence in any other state.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE
FIFTH DEGREE.
..............................................................................
(Voter must WRITE the voter's usual signature here.)"
If the identification envelope is for use in a primary election, it
shall contain an additional question as follows:
"11. With what political party are you affiliated?"
(B) The director shall also mail with
the ballots and the unsealed identification envelope sent by mail an
unsealed return envelope, gummed, ready for sealing, for use by the
voter in returning the voter's marked ballots to the director. The
director shall send with the ballots and the instruction sheet for
preparing a gummed envelope sent by facsimile machine an instruction
sheet for preparing a second gummed envelope as described in this
division, for use by the voter in returning that voter's marked ballots
to the director. The return envelope shall have two parallel lines,
each one quarter of an inch in width, printed across its face
paralleling the top, with an intervening space of one quarter of an
inch between such lines. The top line shall be one and one-quarter
inches from the top of the envelope. Between the parallel lines shall
be printed: "OFFICIAL ELECTION ARMED SERVICE ABSENT VOTER'S BALLOTS -
VIA AIR MAIL." Three blank lines shall be printed in the upper left
corner on the face of the envelope for the use by the voter in placing
the voter's complete military, naval, or mailing address on these
lines, and beneath these lines there shall be printed a box beside the
words "check if out-of-country." The voter shall check this box if the
voter will be outside the United States on the day of the election. The
official title and the post-office address of the director to whom the
envelope shall be returned shall be printed on the face of such
envelope in the lower right portion below the bottom parallel line.
(C) On the back of each identification
envelope and each return envelope shall be printed the following:
"Instructions to voter:
If the flap on this envelope is so firmly
stuck to the back of the envelope when received by you as to require
forcible opening in order to use it, open the envelope in the manner
least injurious to it, and, after marking your ballots and enclosing
same in the envelope for mailing them to the director of the board of
elections, reclose the envelope in the most practicable way, by sealing
or otherwise, and sign the blank form printed below.
The flap on this envelope was firmly stuck to
the back of the envelope when received, and required forced opening
before sealing and mailing.
....
(Signature of voter)"
(D) Division (C) of this section does
not apply when absent voter's ballots are sent by facsimile machine.
HISTORY: GC § 4785-141; 122 v 103; Bureau of Code Revision,
10-1-53; 125 v 713(768) (Eff 1-1-54); 129 v 360 (Eff 10-13-61); 135 v S
429 (Eff 7-26-74); 135 v H 662 (Eff 9-27-74); 138 v H 1062 (Eff
3-23-81); 140 v S 79 (Eff 7-4-84); 146 v H 99 (Eff 8-22-95); 149 v H 5.
Eff 8-28-2001.
[§ 3511.05.1] § 3511.051. Marking of envelopes containing presidential ballots.
All identification envelopes containing absent voter's ballots for
voters who are entitled to vote for presidential and vice-presidential
electors only shall have printed or stamped thereon the words,
"Presidential Ballots Only."
HISTORY: 133 v S 51 (Eff 11-19-69); 134 v S 460. Eff 3-23-72.
§ 3511.06. Size and quality of envelopes.
The identification envelope provided for in section 3511.05 of the
Revised Code shall be a No. 10, 24-lb. white official envelope, four
and one-eighth inches by nine and one-half inches in size. The return
envelope provided for in such section shall be a No. 11, 24-lb. white
official envelope, four and one-half inches by ten and three-eighths
inches in size. The envelope in which the two envelopes and the armed
service absent voter's ballots are mailed to the elector shall be a No.
12, 24-lb. white official envelope, four and three-quarter inches by
eleven inches in size, and it shall have two parallel lines, each one
quarter of an inch in width, printed across its face, paralleling the
top, with an intervening space of one-quarter of an inch between such
lines. The top line shall be one and one-quarter inches from the top of
the envelope. Between the parallel lines shall be printed: "OFFICIAL
ARMED SERVICE ABSENT VOTER'S BALLOTING MATERIAL-VIA AIR MAIL." The
appropriate return address of the director of the board of elections
shall be printed in the upper left corner on the face of such envelope.
Several blank lines shall be printed on the face of such envelope in
the lower right portion, below the bottom parallel line, for writing in
the name and address of the elector to whom such envelope is mailed.
All printing on such envelope shall be in red ink.
HISTORY: GC § 4785-141; 122 v 103; Bureau of Code Revision, 10-1-53; 138 v H 1062. Eff 3-23-81.
§ 3511.07. Precautionary measures for mailing.
When mailing unsealed identification envelopes and unsealed return
envelopes to persons, the director of the board of elections shall
insert a sheet of waxed paper or other appropriate insert between the
gummed flap and the back of each of such envelopes to minimize the
possibility that the flap may become firmly stuck to the back of the
envelope by reason of moisture, humid atmosphere, or other conditions
to which they may be subjected. If the flap on either of such envelopes
should be so firmly stuck to the back of the envelope when it is
received by the voter as to require forcible opening of the envelope in
order to use it, the voter shall open such envelope in the manner least
injurious to it, and, after marking his ballots and enclosing them in
the envelope for mailing to the director, he shall reclose such
envelope in the most practicable way, by sealing it or otherwise, and
shall sign the blank form printed on the back of such envelope.
HISTORY: GC § 4785-141; 122 v 103; Bureau of Code Revision, 10-1-53; 135 v S 429 (Eff 7-26-74); 138 v H 1062. Eff 3-23-81.
§ 3511.08. Record of ballots distributed.
The director of the board of elections shall keep a record of the name
and address of each person to whom he mails or delivers armed service
absent voter's ballots, the kinds of ballots so mailed or delivered,
and the name and address of the person who made the application for
such ballots. After he has mailed or delivered such ballots he shall
not mail or deliver additional ballots of the same kind to such person
pursuant to a subsequent request unless such subsequent request
contains the statement that an earlier request had been sent to the
director prior to the thirtieth day before the election and that the
armed service absent voter's ballots so requested had not been received
by such person prior to the fifteenth day before the election, and
provided that the director has not received an identification envelope
purporting to contain marked armed service absent voter's ballots from
such person.
HISTORY: GC § 4785-141; 122 v 103; Bureau of Code Revision, 10-1-53; 135 v H 662 (Eff 9-27-74); 138 v H 1062. Eff 3-23-81.
§ 3511.09. Procedure for voting.
Upon receiving armed service absent voter's ballots, the elector shall
cause the questions on the face of the identification envelope to be
answered, and, by writing the elector's usual signature in the proper
place on the identification envelope, the elector shall declare under
penalty of election falsification that the answers to those questions
are true and correct to the best of the elector's knowledge and belief.
Then, the elector shall note whether there are any voting marks on the
ballot. If there are any voting marks, the ballot shall be returned
immediately to the board of elections; otherwise, the elector shall
cause the ballot to be marked, folded separately so as to conceal the
markings on it,deposited in the identification envelope, and securely
sealed in the identification envelope. The elector then shall cause the
identification envelope to be placed within the return envelope, sealed
in the return envelope, and mailed to the director of the board of
elections to whom it is addressed. If the elector does not provide the
elector's driver's license number or the last four digits of the
elector's social security number on the statement of voter on the
identification envelope, the elector also shall include in the return
envelope with the identification envelope a copy of the elector's
current valid photo identification or a copy of a current utility bill,
bank statement, government check, paycheck, or other government
document that shows the name and address of the elector. Each elector
who will be outside the United States on the day of the election shall
check the box on the return envelope indicating this fact and shall
mail the return envelope to the director prior to the close of the
polls on election day.
Every armed services absent voter's ballot identification envelope
shall be accompanied by the following statement in boldface capital
letters: WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY
OF THE FIFTH DEGREE.
HISTORY: GC § 4785-141; 122 v 103; Bureau of Code Revision,
10-1-53; 125 v 713(770) (Eff 1-1-54); 135 v S 429 (Eff 7-26-74); 135 v
H 662 (Eff 9-27-74); 138 v H 1062 (Eff 3-23-81); 140 v S 79 (Eff
7-4-84); 149 v H 5. Eff 8-28-2001; 151 v H 234, § 1, eff. 1-27-06.
§ 3511.10. Voting in office of board of elections.
If, after the thirty-fifth day and before the close of the polls on the
day of a general or primary election, a valid application for armed
service absent voter's ballots is delivered to the director of the
board of elections at the office of the board by a person making the
application in his own behalf, the director shall forthwith deliver to
the person all armed service absent voter's ballots then ready for use,
together with an identification envelope. The person shall then
immediately retire to a voting booth in the office of the board, and
mark the ballots. He shall then fold each ballot separately so as to
conceal his markings thereon, and deposit all of the ballots in the
identification envelope and securely seal it. Thereupon he shall fill
in answers to the questions on the face of the identification envelope,
and by writing his usual signature in the proper place thereon, he
shall declare under penalty of election falsification that the answers
to those questions are true and correct to the best of his knowledge
and belief. He shall then deliver the identification envelope to the
director. If thereafter, and before the third day preceding such
election, the board provides additional separate official issue or
special election ballots, as provided for in section 3511.04 of the
Revised Code, the director shall promptly, and not later than twelve
noon of the third day preceding the day of election, mail such
additional ballots to such person at the address specified by him for
that purpose.
In the event any person serving in the armed forces of the United
States is discharged after the closing date of registration, and he or
his spouse, or both, meets all the other qualifications set forth in
section 3511.01 of the Revised Code, he or she shall be permitted to
vote prior to the date of the election in the office of the board in
his county, as set forth in this section.
HISTORY: GC § 4785-141; 122 v 103; Bureau of Code Revision,
10-1-53; 125 v 713(770) (Eff 1-1-54); 129 v 360 (Eff 10-13-61); 135 v S
429 (Eff 7-26-74); 135 v H 662 (Eff 9-27-74); 138 v H 1062. Eff 3-23-81.
§ 3511.11. Disposition of ballots received by board.
(A) Upon receipt of any return envelope
bearing the designation "Official Election Armed Service Absent Voter's
Ballot" prior to the twenty-first day after the day of a presidential
primary election or prior to the eleventh day after the day of any
other election, the director of the board of elections shall open it
but shall not open the identification envelope contained in it. If,
upon so opening the return envelope, the director finds ballots in it
that are not enclosed in and properly sealed in the identification
envelope, the director shall not look at the markings upon the ballots
and shall promptly place them in the identification envelope and
promptly seal it. If, upon so opening the return envelope, the director
finds that ballots are enclosed in the identification envelope but that
it is not properly sealed, the director shall not look at the markings
upon the ballots and shall promptly seal the identification envelope.
(B) Armed service absent voter's ballots
delivered to the director not later than the close of the polls on
election day shall be counted in the manner provided in section 3509.06
of the Revised Code.
(C) A return envelope that indicates
that the voter will be outside of the United States on the day of an
election is not required to be postmarked in order for an armed service
absent voter's ballot contained in it to be valid. Except as otherwise
provided in this division, whether or not the return envelope
containing the ballot is postmarked or contains an illegible postmark,
an armed service absent voter's ballot that is received after the close
of the polls on election day through the tenth day after the election
day or, if the election was a presidential primary election, through
the twentieth day after the election day, and that is delivered in a
return envelope that indicates that the voter will be outside the
United States on the day of the election shall be counted on the
eleventh day after the election day or, if the election was a
presidential primary election, on the twenty-first day after the
election day, at the office of the board of elections in the manner
provided in divisions (C) and (D) of section 3509.06 of the Revised
Code. However, if a return envelope containing an armed service absent
voter's ballot is so received and so indicates, but it is postmarked,
or the identification envelope in it is signed, after the close of the
polls on election day, the armed service absent voter's ballot shall
not be counted.
(D) Armed service absent voter's ballots
contained in return envelopes that bear the designation "Official
Election Armed Service Absent Voter's Ballots," that are received by
the director after the close of the polls on the day of the election,
and that do not indicate they are from voters who will be outside the
United States on the day of the election, armed service absent voter's
ballots contained in return envelopes that bear that designation, that
indicate that the voter will be outside the United States on the day of
the election, and that either are postmarked, or contain an
identification envelope that is signed, after the close of the polls on
the day of election, and armed service absent voter's ballots contained
in return envelopes that bear that designation, that so indicate, and
that are received after the tenth day following the election or, if the
election was a presidential primary election, after the twentieth day
following the election, shall not be counted, but shall be preserved in
their identification envelopes unopened until the time provided by
section 3505.31 of the Revised Code for the destruction of all other
ballots used at the election for which ballots were provided, at which
time they shall be destroyed.
HISTORY: GC § 4785-141; 122 v 103; Bureau of Code Revision,
10-1-53; 134 v S 460 (Eff 3-23-72); 135 v S 237 (Eff 9-23-74); 138 v H
1062 (Eff 3-23-81); 140 v S 79 (Eff 7-4-84); 145 v S 150 (Eff
12-29-93); 149 v H 5. Eff 8-28-2001.
§ 3511.12. Counting of ballots.
In counting armed service absent voter's ballots pursuant to section
3511.11 of the Revised Code, the name of each voter, followed by "Armed
Service Absent Voter's Ballot," shall be written in the poll book or
poll list together with such notations as will indicate the kinds of
ballots the envelope contained. If any challenge is made and sustained,
the identification envelope of such voter shall not be opened and shall
be indorsed "not counted" with the reasons therefor.
HISTORY: 134 v S 460 (Eff 3-23-72); 140 v S 79. Eff 7-4-84.
§ 3511.13. Casting ballot in precinct on election day when absentee ballot has been previously requested.
(A) The poll list or signature pollbook
for each precinct shall identify each registered elector in that
precinct who has requested an armed services absent voter's ballot for
that election;
(B)
(1) If a
registered elector appears to vote in that precinct and that elector
has requested an armed service absent voter's ballot for that election
but the director has not received a sealed identification envelope
purporting to contain that elector's voted armed service absent voter's
ballots for that election, the elector shall be permitted to cast a
ballot, generally in the manner prescribed in division (B) of section
3503.16 of the Revised Code, in that precinct on the day of that
election.
(2) If a
registered elector appears to vote in that precinct and that elector
has requested an armed service absent voter's ballot for that election
and the director has received a sealed identification envelope
purporting to contain that elector's voted armed service absent voter's
ballots for that election, the elector shall be permitted to cast a
ballot, generally in the manner prescribed in division (B) of section
3503.16 of the Revised Code, in that precinct on the day of that
election.
(C)
(1) In
counting armed service absent voter's ballots under section 3511.11 of
the Revised Code, the board of elections or the precinct election
officials shall compare the poll list or the signature pollbook for
each precinct with the name of each elector in that precinct from whom
the director has received a sealed identification envelope purporting
to contain that elector's voted armed service absent voter's ballots
for that election. Except as otherwise provided in division (C)(2) of
this section, if the board of elections determines that an elector who
cast a ballot, generally in the manner prescribed in division (B) of
section 3503.16 of the Revised Code, in the precinct on the day of the
election also returned a sealed identification envelope for that
election, the armed service absent voter's ballot in the sealed
identification envelope shall be counted, and the ballot cast in the
precinct on the day of the election shall not be counted.
(2) The board of
elections shall count the ballot cast in the precinct on the day of the
election, instead of the armed service absent voter's ballot, of an
elector from whom the director has received an identification envelope
purporting to contain that elector's voted armed service absent voter's
ballots, if both of the following apply:
(a) The board of elections determines that the signature of the elector
on the outside of the identification envelope in which the armed
service absent voter's ballots are enclosed does not match the
signature of the elector on the elector's registration form;
(b) The elector cast a ballot, generally in the manner prescribed in
division (B) of section 3503.16 of the Revised Code, in the precinct on
the day of the election.
If the board of elections counts the ballot cast in the precinct on the
day of the election under this division, the identification envelope of
that elector shall not be opened, and the ballot within that envelope
shall not be counted. The identification envelope shall be endorsed
"Not Counted" with the reason the ballot was not counted.
HISTORY: 151 v H 234, § 1, eff. 1-27-06.
CHAPTER 3515
RECOUNT; CONTEST OF ELECTIONS
Section
Recount.
3515.01. Persons eligible to apply for recount.
[3515.01.1]
3515.011.Recount in certain close elections.
3515.02. Filing of application for recount.
3515.03. Application for
recount or declaration of close election; witnesses; request to stop.
3515.04. Procedure for recount; stopping recount.
3515.05. Duties of board of election when recount is completed.
3515.06. Application for recount in precincts not recounted.
3515.07. Charges for recount.
[3515.07.1]
3515.071.Expense of a recount.
Contest.
3515.08. Contest of election.
3515.09. Filing contest petition.
3515.10. Court shall fix time for trial.
3515.11. Trial proceedings.
3515.12. Contest of election.
3515.13. Contest involving recount.
3515.14. Judgment of court.
3515.15. Appeal on questions of law to supreme court.
3515.16. Testimony in supreme court.
——————————
RECOUNT
§ 3515.01. Persons eligible to apply for recount.
Any person for whom votes were cast in a primary election for
nomination as a candidate for election to an office who was not
declared nominated may file with the board of elections of a county a
written application for a recount of the votes cast at such primary
election in any precinct in such county for all persons for whom votes
were cast in such precinct for such nomination.
Any person who was a candidate at a general, special, or primary
election for election to an office or position who was not declared
elected may file with the board of a county a written application for a
recount of the votes cast at such election in any precinct in such
county for all candidates for election to such office or position.
Any group of five or more qualified electors may file with the board of
a county a written application for a recount of the votes cast at an
election in any precinct in such county upon any question or issue,
provided that the members of such group shall state in such application
either that they voted "Yes" or in favor of such question or issue and
that such question or issue was declared defeated or rejected, or that
they voted "No" or against such question or issue and that such
question or issue was declared carried or adopted. Such group of
electors shall, in such application, designate one of the members of
the group as chairman, and shall indicate therein the voting residence
of each member of such group. In all such applications the person
designated as chairman is the applicant for the purposes of sections
3515.01 to 3515.07 of the Revised Code, and all notices required by
section 3515.03 of the Revised Code to be given to an applicant for a
recount shall be given to such person.
In the recount of absentee ballots that are tallied by county instead
of by precinct, as provided in section 3509.06 of the Revised Code, the
county shall be considered a separate precinct for purposes of
recounting such absentee ballots.
HISTORY: GC § 4785-162; 113 v 307(386), § 162; 114 v
679(708); 122 v 325(360); Bureau of Code Revision, 10-1-53; 126 v 392
(Eff 3-17-55); 135 v S 237. Eff 9-23-74.
[§ 3515.01.1] § 3515.011. Recount in certain close elections.
If the number of votes cast in any county or municipal election for the
declared winning nominee, candidate, question, or issue does not exceed
the number of votes cast for the declared defeated nominee, candidate,
question, or issue by a margin of one-half of one per cent or more of
the total vote, the appropriate board of elections shall order a
recount which shall be conducted as provided in sections 3515.04 and
3515.05 of the Revised Code.
If the number of votes cast in any district election for the declared
winning nominee, candidate, question, or issue does not exceed the
number of votes cast for the declared defeated nominee, candidate,
question, or issue by a margin of one-half of one per cent or more of
the total vote, the secretary of state shall order a recount which
shall be conducted as provided in sections 3515.04 and 3515.05 of the
Revised Code.
If the number of votes cast in any statewide election for the declared
winning nominee, candidate, question, or issue does not exceed the
number of votes cast for the declared defeated nominee, candidate,
question, or issue by a margin of one-fourth of one percent or more of
the total vote, the secretary of state shall order a recount which
shall be conducted as provided in sections 3515.04 and 3515.05 of the
Revised Code.
HISTORY: 135 v H 662 (Eff 9-27-74); 138 v H 111 (Eff 9-6-79); 140 v S 79. Eff 7-4-84.
§ 3515.02. Filing of application for recount.
If the nomination or the candidacy for election, or the question or
issue, concerning which a recount is applied for was submitted only to
electors within a county, the application for recount shall be filed
within five days after the day upon which the board of elections of
such county declares the results of such election.
If the nomination or the candidacy for election, or the question or
issue, concerning which a recount is applied for was submitted only to
electors of a district comprised of more than one county but less than
all of the counties of the state, the application shall be filed within
five days after the day upon which the board of the most populous
county in such district declares the results of such election.
If the nomination or the candidacy for election, or the question or
issue, concerning which a recount is applied for was submitted to
electors throughout the entire state, the application shall be filed
within five days after the day upon which the secretary of state
declares the results of such election.
HISTORY: GC § 4785-162; 113 v 307(386), § 162; 114 v 679(708); 122 v 325(360). Bureau of Code Revision. Eff 10-1-53.
§ 3515.03. Application for recount or declaration of close election; witnesses; request to stop.
Each application for recount shall separately list each precinct as to
which a recount of the votes therein is requested, and the person
filing an application shall at the same time deposit with the board of
elections ten dollars in currency, bank money order, bank cashier's
check, or certified check for each precinct so listed in such
application as security for the payment of charges for making the
recount therein applied for, which charges shall be fixed by the board
as provided in section 3515.07 of the Revised Code.
Upon the filing of an application, or upon declaration by the board or
secretary of state that the number of votes cast in any election for
the declared winning nominee, candidate, question, or issue does not
exceed the number of votes cast for the defeated nominee, candidate,
question, or issue, by the margins set forth in section 3515.011
[3515.01.1] of the Revised Code, the board shall promptly fix the time,
method, and the place at which the recount will be made, which time
shall be not later than ten days after the day upon which such
application is filed or such declaration is made. If the recount
involves a candidate for election to an office comprising more than one
county, the director of the board shall promptly mail notice of the
time and place for such recount to the board of the most populous
county of the district. If the contest involves a state office, the
director shall promptly notify the secretary of state of the filing for
such recount.
The director of the board shall mail notice of the time and place so
fixed to any applicant and to each person for whom votes were cast for
such nomination or election. Such notice shall be mailed by certified
mail not later than the fifth day before the day fixed for the
commencement of the recount. Persons entitled to have such notice
mailed to them may waive their right to have it mailed by filing with
the director a written waiver to that effect. Each person entitled to
receive such notice may attend and witness the recount and may have any
person whom the candidate designates attend and witness the recount. At
any time after a winning nominee or candidate is declared but before
the time for a recount pursuant to section 3515.011 [3515.01.1] of the
Revised Code commences, the declared losing nominee or candidate may
file with the board a written request to stop the recount from
commencing. In the case of more than one declared losing candidate or
nominee, each of whom is entitled to a recount pursuant to section
3515.011 [3515.01.1] of the Revised Code, each such declared losing
candidate or nominee must file with the board such written request to
stop the recount from commencing. The board shall grant such request
and shall not commence the recount.
In the case of a recount of votes cast upon a question or issue, any
group of five or more qualified electors, who voted upon such question
or issue and whose votes were in opposition to the votes of the members
of the group of electors who applied for such recount, or for whom such
recount was required by section 3515.011 [3515.01.1] of the Revised
Code, may file with the board a written statement to that effect, shall
designate therein one of their number as chairman of such group and may
appoint an attorney at law as their legal counsel, and may request that
the persons so designated be permitted to attend and witness the
recount. Thereupon the persons so designated may attend and witness the
recount.
HISTORY: GC § 4785-162; 113 v 307(386), § 162; 114 v
679(708); 122 v 325(360); Bureau of Code Revision, 10-1-53; 125 v
713(793); 128 v 582 (Eff 10-7-59); 138 v H 1062 (Eff 3-23-81); 140 v S
79 (Eff 7-4-84); 146 v H 99. Eff 8-22-95.
§ 3515.04. Procedure for recount; stopping recount.
At the time and place fixed for making a recount, the board of
elections, in the presence of all witnesses who may be in attendance,
shall open the sealed containers containing the ballots to be
recounted, and shall recount them. If a county used punch card ballots
and if a chad is attached to a punch card ballot by three or four
corners, the voter shall be deemed by the board not to have recorded a
candidate, question, or issue choice at the particular position on the
ballot, and a vote shall not be counted at that particular position on
the ballot in the recount. Ballots shall be handled only by the members
of the board or by the director or other employees of the board.
Witnesses shall be permitted to see the ballots but they shall not be
permitted to touch them, and the board shall not permit the counting or
tabulation of votes shown on the ballots for any nomination, or for
election to any office or position, or upon any question or issue,
other than the votes shown on such ballots for the nomination,
election, question or issue concerning which a recount of ballots was
applied for.
At any time before the ballots from all of the precincts listed in an
application for the recount or involved in a recount pursuant to
section 3515.011 [3515.01.1] of the Revised Code have been recounted,
the applicant or declared losing candidate or nominee or each of the
declared losing candidates or nominees entitled to file a request prior
to the commencement of a recount, as provided in section 3515.03 of the
Revised Code, may file with the board a written request to stop the
recount and not recount the ballots from the precincts so listed that
have not been recounted prior to the time of the request. If, upon the
request, the board finds that results of the votes in the precincts
recounted, if substituted for the results of the votes in those
precincts as shown in the abstract of the votes in those precincts,
would not cause the applicant, if a person for whom votes were cast for
nomination or election, to be declared nominated or elected or if an
election upon a question or issue would not cause a result contrary to
the result as declared prior to such recount, it shall grant the
request and shall not recount the ballots of the precincts listed in
the application for recount that have not been recounted prior to that
time. If the board finds otherwise, it shall deny the request and shall
continue to recount ballots until the ballots from all of the precincts
listed in the application for recount have been recounted; provided
that, if the request is denied, it may be renewed from time to time.
Upon any such renewal, the board shall consider and act upon the
request in the same manner as provided in this section in connection
with an original request.
As used in this section, "chad" and "punch card ballot" have the same meanings as in section 3506.16 of the Revised Code.
HISTORY: GC § 4785-162; 113 v 307(386), § 162; 114 v
679(708); 122 v 325(360); Bureau of Code Revision, 10-1-53; 138 v H
1062 (Eff 3-23-81); 140 v S 79 (Eff 7-4-84); 149 v H 5. Eff 8-28-2001.
§ 3515.05. Duties of board of election when recount is completed.
Upon completion of the recount of the ballots of all precincts listed
in an application for a recount or upon stopping the recount prior to
such time, or in the case of a recount as provided in section 3515.011
[3515.01.1] of the Revised Code, the board of elections shall promptly
prepare and certify an amended abstract showing the votes cast in each
precinct in its county in which the nomination, election, or question
or issue was submitted to electors, which amended abstract shall embody
the votes of the precincts, the ballots of which were recounted, as
shown by such recount. Copies of such certified amended abstracts shall
be mailed to such other boards or election officials as required in the
case of the original abstract which such amended abstract amends.
If the nomination, election, or question or issue concerning which such
recount was made was submitted only to electors within a county, the
board shall make an amended declaration of the result of such election
in the same manner required in the making of its original declaration
of the result of such election.
If the nomination, election, or question or issue concerning which a
recount was made was submitted only to electors of a district comprised
of more than one county but less than all of the counties of the state,
the board of the most populous county in such district shall canvass
the amended abstracts received from the board of each county in such
district in which a recount was made, and shall make an amended
declaration of the results of such election in such district in the
same manner required in the making of its original declaration of the
result of such election.
If the nomination, election, or question or issue concerning which a
recount was made was submitted only to electors of a subdivision
located in more than one county, the board of the county in which the
major portion of the population of such subdivision is located shall
canvass the amended abstracts received from the board of each county in
which a portion of the population of such subdivision is located and in
which a recount was made, and shall make an amended declaration of the
results of such election in such subdivision in the same manner
required in the making of its original declaration of the result of
such election.
If the nomination, election, or question or issue concerning which a
recount was made was submitted to electors throughout the entire state,
the secretary of state shall canvass all amended abstracts received
from the board of each county in the state in which a recount was made,
and shall make an amended declaration of the results of such election
throughout the entire state in the same manner required in the making
of his original declaration of the result of such election.
HISTORY: GC § 4785-162; 113 v 307(386), § 162; 114 v
679(708); 122 v 325(360); Bureau of Code Revision, 10-1-53; 135 v H
662. Eff 9-27-74.
§ 3515.06. Application for recount in precincts not recounted.
If, pursuant to section 3515.04 of the Revised Code, a person was
declared nominated as a candidate for election to an office or elected
to an office or position in an election and if it subsequently appears
by the amended declaration of the results of such election made
following a recount of votes cast in such election that such person was
not so nominated or elected, such person may, within five days after
the date of such amended declaration of the results of such election,
file an application with the board of elections for a recount of the
votes cast at such election for such nomination or election in any
precinct, the ballots of which have not been recounted.
If, following a recount of votes cast in an election upon any question
or issue, the amended declaration of the results of such election shows
the result of such election to be contrary to the result thereof as
declared in the original declaration of the results thereof, any group
of five or more qualified electors which has filed a statement with the
board as provided in the third paragraph of section 3515.03 of the
Revised Code may, within five days after the date of the amended
declaration, file an application with the board for a recount of the
votes cast at such election upon such question or issue in any precinct
of the county, the votes of which have not been recounted.
Sections 3515.01 and 3515.02 to 3515.05 of the Revised Code are
applicable to any application provided for in this section and to the
recount had pursuant thereto.
HISTORY: GC § 4785-162; 113 v 307(386), § 162; 114 v
679(708); 122 v 325(360); Bureau of Code Revision, 10-1-53; 140 v S 79.
Eff 7-4-84.
§ 3515.07. Charges for recount.
The charges for making a recount of votes of precincts listed in an
application for a recount filed with the board of elections shall be
fixed by the board and shall include all expenses incurred by such
board because of such application other than the regular operating
expenses which the board would have incurred if the application had not
been filed. The total amount of charges so fixed divided by the number
of precincts listed in such application, the votes of which were
recounted, shall be the charge per precinct for the recount of the
votes of the precincts listed in such application, the votes of which
were recounted; provided that the charges per precinct so fixed shall
not be more than ten nor less than five dollars for each precinct the
votes of which were recounted.
Such charge per precinct shall be deducted by the board from the money
deposited with the board by the applicant for the recount at the time
of filing his application, and the balance of the money so deposited
shall be returned to such applicant; provided that no such charge per
precinct shall be deducted by the board from the money deposited for a
recount of votes cast for a nomination or for an election to an office
or position in any precinct, if the total number of votes cast in such
precinct for the applicant, as recorded by such recount, is more than
four per cent larger than the number of votes for such applicant in
such precinct recorded in the original certified abstract thereof, nor
shall any charge per precinct be deducted for a recount of votes cast
in any precinct upon a question or issue if the total number of votes
in such precinct on the same side of such question or issue as the side
represented by the applicant, as recorded by such recount, is more than
four per cent larger than the number of votes in such precinct on the
same side of such question or issue recorded in the original certified
abstract thereof. No such charge per precinct shall be deducted if upon
the completion of a recount concerning a nomination or election the
applicant is declared nominated or elected, or if upon the completion
of a recount concerning a question or issue the result of such election
is declared to be opposite to the original declaration of the result of
such election. All moneys deposited with a board by an applicant shall
be deposited in a special depository fund with the county treasurer.
The expenses of the recount and refunds shall be paid from said fund
upon order of the board of elections. Any balance remaining in such
fund shall be paid into the general fund of the county.
HISTORY: GC § 4785-162; 113 v 307(386), § 162; 114 v
679(708); 122 v 325(360); Bureau of Code Revision, 10-1-53; 126 v
205(227). Eff 1-1-56.
[§ 3515.07.1] § 3515.071. Expense of a recount.
If the board of elections in a county orders a recount in any county or
municipal election pursuant to section 3515.011 [3515.01.1] of the
Revised Code, the expense of the recount shall be paid from the county
treasury in the same manner as other expenses of the board under
section 3501.17 of the Revised Code.
If the secretary of state orders a recount as provided in section
3515.011 [3515.01.1] of the Revised Code, the expense of the recount
shall be paid from funds appropriated to the secretary of state who may
apply to the controlling board for funds to avert any deficiency that
thereby would be created in current appropriations.
HISTORY: 135 v H 662 (Eff 9-27-74); 141 v H 201. Eff 7-1-85.
——————————
CONTEST
§ 3515.08. Contest of election.
The nomination or election of any person to any public office or party
position or the approval or rejection of any issue or question,
submitted to the voters, may be contested by qualified electors of the
state or a political subdivision.
In the case of an office to be filled or an issue to be determined by
the voters of the entire state, or for the offices of members of
congress, or for judicial offices higher than that of court of common
pleas, or for an office to be filled or an issue to be determined by
the voters of a district larger than a county, said contest shall be
heard and determined by the chief justice of the supreme court or a
justice of the supreme court assigned for that purpose by the chief
justice; except that in a contest for the office of chief justice of
the supreme court, such contest shall be heard by a justice of such
court designated by the governor.
In the case of all other offices or issues, except judicial offices,
such contests shall be heard and determined by a judge of the court of
common pleas of the county in which the contest arose. In the case of a
contest for a judicial office within a county, such contest shall be
heard by the court of appeals of the district in which such county is
located. If any contestant alleges prejudice on the part of the judges
of the court of appeals or the court of common pleas, assigned to hear
such appeal, then the chief justice of the supreme court, upon
application of any such contestants and for good cause shown, may
assign judges from another court to hear such contest.
HISTORY: GC § 4785-166; 113 v 307(387), § 166; Bureau of Code Revision. Eff 10-1-53.
§ 3515.09. Filing contest petition.
A contest of election shall be commenced by the filing of a petition
with the clerk of the appropriate court signed by at least twenty-five
voters who voted at the last election for or against a candidate for
the office or for or against the issue being contested, or by the
defeated candidate for said nomination or election, within fifteen days
after the results of any such nomination or election have been
ascertained and announced by the proper authority, or if there is a
recount, within ten days after the results of the recount of such
nomination or election have been ascertained and announced by the
proper authority. Such petition shall be verified by the oath of at
least two such petitioners, or by the oath of the defeated candidate
filing the petition, and shall set forth the grounds for such contest.
Said petition shall be accompanied by a bond with surety to be approved
by the clerk of the appropriate court in a sum sufficient, as
determined by him, to pay all the costs of the contest. The contestor
and the person whose right to the nomination or election to such office
is being contested, to be known as the contestee, shall be liable to
the officers and witnesses for the costs made by them respectively; but
if the results of the nomination or election are confirmed or the
petition is dismissed or the prosecution fails, judgment shall be
rendered against the contestor for the costs; and if the judgment is
against the contestee or if the results of the nomination or election
are set aside, the county shall pay the costs as other election
expenses are paid.
HISTORY: GC § 4785-167; 113 v 307(388), § 167; Bureau of Code Revision. Eff 10-1-53.
§ 3515.10. Court shall fix time for trial.
The court with which a petition to contest an election is filed shall
fix a suitable time for hearing such contest, which shall be not less
than fifteen nor more than thirty days after the filing of the
petition. Such court shall have a copy of the contestor's petition
served upon the contestee or upon the chairman of the committee taking
the other side in advocacy of or opposition to any issue, in the same
manner as a summons in a civil action. The contestee shall have ten
days from the time service has been made upon him in which to answer
the petition, and the contestor shall have five days in which to reply
to the answer of the contestee. All parties may be represented by
counsel and the hearing shall proceed at the time fixed, unless
postponed by the judge hearing the case for good cause shown by either
party by affidavit or unless the judge adjourns to another time, not
more than thirty days thereafter, of which adjournment the parties
interested shall take notice.
HISTORY: GC § 4785-168; 113 v 307(388), § 168; Bureau of Code Revision. Eff 10-1-53.
§ 3515.11. Trial proceedings.
The proceedings at the trial of the contest of an election shall be
similar to those in judicial proceedings, in so far as practicable, and
shall be under the control and direction of the court which shall hear
and determine the matter without a jury, with power to order or permit
amendments to the petition or proceedings as to form or substance. Such
court may allow adjournments for not more than thirty days, for the
benefit of either party, on such terms as to costs and otherwise as
seem reasonable to the court, the grounds for such adjournment being
shown by affidavit. The hearing shall proceed expeditiously and the
total of such adjournments shall not exceed thirty days after the date
set for the original hearing.
HISTORY: GC § 4785-169; 113 v 307(388), § 169; Bureau of Code Revision. Eff 10-1-53.
§ 3515.12. Contest of election.
The court with which a petition to contest an election is filed may
summon and compel the attendance of witnesses, including officers of
such election, and compel the production of all ballot boxes, marking
devices, lists, books, ballots, tally sheets, and other records,
papers, documents, and materials which may be required at the hearing.
The style and form of summons and subpoenas and the manner of service
and the fees of officers and witnesses shall be the same as are
provided in other cases, in so far as the nature of the proceedings
admits. The court may require any election officer to answer any
questions pertinent to the issue relating to the conduct of the
election or the counting of the ballots and the making of the returns.
Any witness who voted at the election may be required to answer
touching his qualification as a voter and for whom he voted.
HISTORY: GC § 4785-170; 113 v 307(389), § 170; Bureau of Code Revision, 10-1-53; 129 v 1653(1660). Eff 6-29-61.
§ 3515.13. Contest involving recount.
If any contest of election involves a recount of the ballots in any
precincts, the court shall immediately order the ballots of the
precincts in which the recount is demanded to be sent to the court in
such manner as the court designates, and such court may appoint two
master commissioners of opposite political parties to supervise the
making of the recount. The attorneys representing the contestor and the
prosecuting attorney of the county or the attorney general or one of
his assistants representing the contestee shall be present at all
hearings on such recount. Such commissioners shall receive ten dollars
each per day and their actual traveling expenses when approved by the
presiding judges. The compensation of such clerks as are deemed
necessary by the court shall be determined by the court on the basis of
similar compensation in other public offices for like work. Both the
contestor and contestee may appoint one inspector who shall be allowed
to see all ballots and tally sheets and witness the recount. If the
court finds that the difference in the count from the original count by
the election authorities was the result of fraud, gross negligence, or
willfulness on the part of any election officer or other person, such
court shall forthwith transmit a copy of its decision and of the
evidence to the prosecuting attorney of the county wherein such fraud
or gross negligence was found with directions to present the same to
the next grand jury in the county or to the attorney general, in the
case of state or federal offices, with directions to prosecute the
cases on behalf of the state.
HISTORY: GC § 4785-174; 113 v 307(390), § 174; Bureau of Code Revision. Eff 10-1-53.
§ 3515.14. Judgment of court.
Upon completion of the trial of a contest of election, the court shall
pronounce judgment as to which candidate was nominated or elected or
whether the issue was approved or rejected by the voters; except that
in the case of the contest of election of a member of the general
assembly such judgment shall not be pronounced by the court but a
transcript of all testimony taken and all evidence adduced in such
contest shall be filed with the clerk or executive secretary of the
branch of the legislative body to which the contestee was declared
elected, which shall determine the election and qualification of its
own members.
Any person declared nominated or elected by the court shall be entitled
to his certificate of nomination or election. A certified copy of the
order of such court constitutes such certificate. If the judgment is
against the contestee or incumbent and he has already received a
certificate of nomination or election, the judgment of the court shall
work a cancellation of such certificate.
If the court decides that the election resulted in a tie vote, such
decision shall be certified to the board of elections having
jurisdiction and said board shall publicly determine by lot which of
such persons shall be declared elected. If the court finds that no
person was elected, the judgment shall be that the election be set
aside.
HISTORY: GC § 4785-171; 113 v 307(389), § 171; 118 v
223(238); Bureau of Code Revision, 10-1-53; 133 v H 121. Eff 11-19-69.
§ 3515.15. Appeal on questions of law to supreme court.
The person against whom judgment is rendered in a contest of election
may appeal on questions of law, within twenty days, to the supreme
court; but such appeal shall not supersede the execution of the
judgment of the court. Such appeal takes precedence over all other
causes upon the calendar, and shall be set down for hearing and
determination at the earliest convenient date. The laws and rules of
the court governing appeals apply in the appeal of contested election
cases. If the judgment of the lower court is affirmed, the supreme
court shall order the judgment of such lower court to be enforced, if
the party against whom the judgment is rendered is in possession of the
office.
HISTORY: GC § 4785-172; 113 v 307(389), § 172; 116 v 104(123), § 2; Bureau of Code Revision. Eff 10-1-53.
§ 3515.16. Testimony in supreme court.
In a contest of election in the supreme court, all testimony shall be
in the form of depositions. The contestor shall take and file his
testimony within twenty days from the date of filing the petition,
unless further time is allowed by the court or judge hearing the
contest. The contestee or the committee defending the issue shall file
its testimony within twenty days from the expiration of the
contestator's time, unless such court or judge allows further time. The
court may render such judgments and make such orders as the law and
facts warrant, including judgment of ouster and induction, and the
judgment of the supreme court shall be decisive of the contest.
HISTORY: GC § 4785-173; 113 v 307(389), § 173; Bureau of Code Revision. Eff 10-1-53.
CHAPTER 3517
CAMPAIGNS; POLITICAL PARTIES
Section
Political Parties.
3517.01. Definitions; liability of campaign committee.
[3517.01.1] 3517.011.Form of petition.
[3517.01.2] 3517.012.Party de jure upon filing petition.
[3517.01.3] 3517.013.Candidates of new parties exempted for four years.
[3517.01.4] 3517.014.Candidates of new parties exempted at first
primary.
[3517.01.5] 3517.015.Signers of declarations of candidacy for new party
deemed members regardless of prior political affiliation.
[3517.01.6] 3517.016.New party vote not barred by prior affiliation.
3517.02. Election of
controlling committees; filing of organizational information.
3517.03. Membership of controlling committees.
3517.04. Organizational procedures of central committees.
3517.05. Term of committee
members; vacancies; rightful county central or executive committee.
3517.06. Lists of members
of party committees filed; report of changes.
3517.07. Parties or groups
engaged in un-American activities barred from ballot.
Campaign Expenditures.
3517.08. Matters not
considered to be contribution or expenditure; attribution of
expenditures; charitable donations.
[3517.08.1] 3517.081.Campaign committee; treasurer; vacancy of office
of treasurer.
[3517.08.2] 3517.082.Corporation, nonprofit corporation, or labor
organization may establish political action committee or segregated
fund.
3517.09. Prohibited
solicitations; employee or union member to consent to contribution in
writing.
[3517.09.1] 3517.091.Duties of door-to-door political contribution
solicitors.
[3517.09.2] 3517.092.Prohibitions as to solicitation or acceptance of
contributions by state or county elected officers or candidates;
provisions as to public employees generally.
3517.10. Filing of
statements of contributions and expenditures; designation of treasurer;
prohibited contributions.
[3517.10.1] 3517.101.Gifts to party to pay for office facilities; party
to file statement.
Candidates for Statewide Office, General Assembly.
[3517.10.2] 3517.102.Restrictions on contributions to candidates for
General Assembly or statewide office and on transfers of funds between
certain political organizations.
[3517.10.3] 3517.103.Candidate's use of personal funds; opponent's
filing of declaration of no limits.
[3517.10.4] 3517.104.Cost of living adjustments to contribution
limitations.
[3517.10.5] 3517.105.Political advertising to identify source of
independent expenditures; reporting of independent expenditures.
[3517.10.6] 3517.106.Contents of campaign statements to be computerized
and made available to public on internet; filing of copies of printed
version.
[3517.10.7] 3517.107.Registration of federal political committees;
filing of report or statement.
[3517.10.8] 3517.108.Committee may accept additional contributions
after election to satisfy unpaid debt.
[3517.10.9] 3517.109.Duty to dispose of excess funds and aggregate
contributions; declaration of filing-day finances.
[3517.10.10]
3517.1010.Disposal of excess funds or excess aggregate contributions by
candidate filing declaration of no limits or personal funds notice.
[3517.10.11]
3517.1011.Disbursements and contributions for direct costs of producing
or airing electioneering communication; restrictions on use of
contribution from corporation or labor organization.
[3517.10.12]
3517.1012.State or county political party to establish restricted fund;
filing of deposit and disbursement statements.
[3517.10.13]
3517.1013.Gifts to Levin account.
3517.11. Filing of statements of receipts and expenditures.
3517.12. Reports of expenditures on issues.
3517.13. Prohibitions;
disqualification concerning conducting business or awarding of
contract.
3517.14. Ohio elections commission created; members.
3517.15. [Repealed]
Elections Commission.
[3517.15.1]
3517.151.Transitional provisions for filing of complaints; prior
elections commission abolished.
[3517.15.2]
3517.152.Elections commission created.
[3517.15.3]
3517.153.Filing of complaint with commission; commission may recommend
legislation and render advisory opinions.
[3517.15.4]
3517.154.Review of complaint by commission's full-time attorney;
recommendation; request for expedited hearing.
[3517.15.5]
3517.155.Commission's options after first hearing on complaint;
sanctions for frivolous complaint.
[3517.15.6]
3517.156.Probable cause hearing by panel; procedure for expedited
hearing; petition for reconsideration after dismissal.
[3517.15.7]
3517.157.Time limits for filing complaint; withdrawal; dismissal;
hearing procedure; discussion outside meetings.
Political Party Fund.
3517.16. Ohio political party fund created.
3517.17. Distribution of
fund; duties of party treasurer; audits.
3517.18. Permitted uses of funds; advisory opinions.
3517.19. Party may sell
mailing lists to financial institution for credit card promotions.
3517.20. Identification of
source of political communication; spending limits.
3517.21. Infiltration of campaign prohibited; false statements.
3517.22. Prohibited
practices in advocating or opposing issue; complaint.
3517.23. Rules; information to be provided to ensure compliance.
3517.99. Penalties for violations prior to 8-24-95.
[3517.99.1]
3517.991.Fine for violations prior to 8-24-95.
[3517.99.2]
3517.992.Penalties for violations on or after 8-24-95.
[3517.99.3]
3517.993.Fines for violations on or after 8-24-95.
——————————
POLITICAL PARTIES
§ 3517.01. Definitions; liability of campaign committee.
(A)
(1) A
political party within the meaning of Title XXXV of the Revised Code is
any group of voters that, at the most recent regular state election,
polled for its candidate for governor in the state or nominees for
presidential electors at least five per cent of the entire vote cast
for that office or that filed with the secretary of state, subsequent
to any election in which it received less than five per cent of that
vote, a petition signed by qualified electors equal in number to at
least one per cent of the total vote for governor or nominees for
presidential electors at the most recent election, declaring their
intention of organizing a political party, the name of which shall be
stated in the declaration, and of participating in the succeeding
primary election, held in even-numbered years, that occurs more than
one hundred twenty days after the date of filing. No such group of
electors shall assume a name or designation that is similar, in the
opinion of the secretary of state, to that of an existing political
party as to confuse or mislead the voters at an election. If any
political party fails to cast five per cent of the total vote cast at
an election for the office of governor or president, it shall cease to
be a political party.
(2) A campaign
committee shall be legally liable for any debts, contracts, or
expenditures incurred or executed in its name.
(B) Notwithstanding the definitions
found in section 3501.01 of the Revised Code, as used in this section
and sections 3517.08 to 3517.14, 3517.99, and 3517.992 of the Revised
Code:
(1) "Campaign
committee" means an entity that is formed by a candidate or a
combination of two or more persons authorized by a candidate under
section 3517.081 [3517.08.1] of the Revised Code to receive
contributions and make expenditures and that is legally liable for any
debts, contracts, or expenditures incurred or executed in its name.
(2) "Campaign
treasurer" means an individual appointed by a candidate under section
3517.081 [3517.08.1] of the Revised Code.
(3) "Candidate"
has the same meaning as in division (H) of section 3501.01 of the
Revised Code and also includes any person who, at any time before or
after an election, receives contributions or makes expenditures or
other use of contributions, has given consent for another to receive
contributions or make expenditures or other use of contributions, or
appoints a campaign treasurer, for the purpose of bringing about the
person's nomination or election to public office. When two persons
jointly seek the offices of governor and lieutenant governor,
"candidate" means the pair of candidates jointly. "Candidate" does not
include candidates for election to the offices of member of a county or
state central committee, presidential elector, and delegate to a
national convention or conference of a political party.
(4) "Continuing
association" means an association, other than a campaign committee,
political party, legislative campaign fund, political contributing
entity, or labor organization, that is intended to be a permanent
organization that has a primary purpose other than supporting or
opposing specific candidates, political parties, or ballot issues, and
that functions on a regular basis throughout the year. "Continuing
association" includes organizations that are determined to be not
organized for profit under subsection 501 and that are described in
subsection 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue
Code.
(5)
"Contribution" means a loan, gift, deposit, forgiveness of
indebtedness, donation, advance, payment, or transfer of funds or
anything of value, including a transfer of funds from an inter vivos or
testamentary trust or decedent's estate, and the payment by any person
other than the person to whom the services are rendered for the
personal services of another person, which contribution is made,
received, or used for the purpose of influencing the results of an
election. Any loan, gift, deposit, forgiveness of indebtedness,
donation, advance, payment, or transfer of funds or of anything of
value, including a transfer of funds from an inter vivos or
testamentary trust or decedent's estate, and the payment by any
campaign committee, political action committee, legislative campaign
fund, political party, political contributing entity, or person other
than the person to whom the services are rendered for the personal
services of another person, that is made, received, or used by a state
or county political party, other than moneys a state or county
political party receives from the Ohio political party fund pursuant to
section 3517.17 of the Revised Code and the moneys a state or county
political party may receive under sections 3517.101 [3517.10.1],
3517.1012 [3517.10.12], and 3517.1013 [3517.10.13] of the Revised Code,
shall be considered to be a "contribution" for the purpose of section
3517.10 of the Revised Code and shall be included on a statement of
contributions filed under that section.
"Contribution" does not include any of the following:
(a) Services provided without compensation by individuals volunteering
a portion or all of their time on behalf of a person;
(b) Ordinary home hospitality;
(c) The personal expenses of a volunteer paid for by that volunteer
campaign worker;
(d) Any gift given to a state or county political party pursuant to
section 3517.101 [3517.10.1] of the Revised Code. As used in division
(B)(5)(d) of this section, "political party" means only a major
political party;
(e) Any contribution as defined in section 3517.1011 [3517.10.11] of
the Revised Code that is made, received, or used to pay the direct
costs of producing or airing an electioneering communication;
(f) Any gift given to a state or county political party for the party's
restricted fund under division (A)(2) of section 3517.1012 [3517.10.12]
of the Revised Code;
(g) Any gift given to a state political party for deposit in a Levin
account pursuant to section 3517.1013 [3517.10.13] of the Revised Code.
As used in this division, "Levin account" has the same meaning as in
that section.
(6)
"Expenditure" means the disbursement or use of a contribution for the
purpose of influencing the results of an election or of making a
charitable donation under division (G) of section 3517.08 of the
Revised Code. Any disbursement or use of a contribution by a state or
county political party is an expenditure and shall be considered either
to be made for the purpose of influencing the results of an election or
to be made as a charitable donation under division (G) of section
3517.08 of the Revised Code and shall be reported on a statement of
expenditures filed under section 3517.10 of the Revised Code. During
the thirty days preceding a primary or general election, any
disbursement to pay the direct costs of producing or airing a
broadcast, cable, or satellite communication that refers to a clearly
identified candidate shall be considered to be made for the purpose of
influencing the results of that election and shall be reported as an
expenditure or as an independent expenditure under section 3517.10 or
3517.105 [3517.10.5] of the Revised Code, as applicable, except that
the information required to be reported regarding contributors for
those expenditures or independent expenditures shall be the same as the
information required to be reported under divisions (D)(1) and (2) of
section 3517.1011 [3517.10.11] of the Revised Code.
As used in this
division, "broadcast, cable, or satellite communication" and "refers to
a clearly identified candidate" have the same meanings as in section
3517.1011 [3517.10.11] of the Revised Code.
(7) "Personal
expenses" includes, but is not limited to, ordinary expenses for
accommodations, clothing, food, personal motor vehicle or airplane, and
home telephone.
(8) "Political
action committee" means a combination of two or more persons, the
primary or major purpose of which is to support or oppose any
candidate, political party, or issue, or to influence the result of any
election through express advocacy, and that is not a political party, a
campaign committee, a political contributing entity, or a legislative
campaign fund. "Political action committee" does not include a
continuing association that makes disbursements for the direct costs of
producing or airing electioneering communications and that does not
engage in express advocacy.
(9) "Public
office" means any state, county, municipal, township, or district
office, except an office of a political party, that is filled by an
election and the offices of United States senator and representative.
(10) "Anything
of value" has the same meaning as in section 1.03 of the Revised Code.
(11)
"Beneficiary of a campaign fund" means a candidate, a public official
or employee for whose benefit a campaign fund exists, and any other
person who has ever been a candidate or public official or employee and
for whose benefit a campaign fund exists.
(12) "Campaign
fund" means money or other property, including contributions.
(13) "Public
official or employee" has the same meaning as in section 102.01 of the
Revised Code.
(14) "Caucus"
means all of the members of the house of representatives or all of the
members of the senate of the general assembly who are members of the
same political party.
(15)
"Legislative campaign fund" means a fund that is established as an
auxiliary of a state political party and associated with one of the
houses of the general assembly.
(16) "In-kind
contribution" means anything of value other than money that is used to
influence the results of an election or is transferred to or used in
support of or in opposition to a candidate, campaign committee,
legislative campaign fund, political party, political action committee,
or political contributing entity and that is made with the consent of,
in coordination, cooperation, or consultation with, or at the request
or suggestion of the benefited candidate, committee, fund, party, or
entity. The financing of the dissemination, distribution, or
republication, in whole or part, of any broadcast or of any written,
graphic, or other form of campaign materials prepared by the candidate,
the candidate's campaign committee, or their authorized agents is an
in-kind contribution to the candidate and an expenditure by the
candidate.
(17)
"Independent expenditure" means an expenditure by a person advocating
the election or defeat of an identified candidate or candidates, that
is not made with the consent of, in coordination, cooperation, or
consultation with, or at the request or suggestion of any candidate or
candidates or of the campaign committee or agent of the candidate or
candidates. As used in division (B)(17) of this section:
(a) "Person" means an individual, partnership, unincorporated business
organization or association, political action committee, political
contributing entity, separate segregated fund, association, or other
organization or group of persons, but not a labor organization or a
corporation unless the labor organization or corporation is a political
contributing entity.
(b) "Advocating" means any communication containing a message
advocating election or defeat.
(c) "Identified candidate" means that the name of the candidate
appears, a photograph or drawing of the candidate appears, or the
identity of the candidate is otherwise apparent by unambiguous
reference.
(d) "Made in coordination, cooperation, or consultation with, or at the
request or suggestion of, any candidate or the campaign committee or
agent of the candidate" means made pursuant to any arrangement,
coordination, or direction by the candidate, the candidate's campaign
committee, or the candidate's agent prior to the publication,
distribution, display, or broadcast of the communication. An
expenditure is presumed to be so made when it is any of the following:
(i) Based on information about the candidate's plans, projects, or
needs provided to the person making the expenditure by the candidate,
or by the candidate's campaign committee or agent, with a view toward
having an expenditure made;
(ii) Made by or through any person who is, or has been, authorized to
raise or expend funds, who is, or has been, an officer of the
candidate's campaign committee, or who is, or has been, receiving any
form of compensation or reimbursement from the candidate or the
candidate's campaign committee or agent;
(iii) Except as otherwise provided in division (D) of section 3517.105
[3517.10.5] of the Revised Code, made by a political party in support
of a candidate, unless the expenditure is made by a political party to
conduct voter registration or voter education efforts.
(e) "Agent" means any person who has actual oral or written authority,
either express or implied, to make or to authorize the making of
expenditures on behalf of a candidate, or means any person who has been
placed in a position with the candidate's campaign committee or
organization such that it would reasonably appear that in the ordinary
course of campaign-related activities the person may authorize
expenditures.
(18) "Labor
organization" means a labor union; an employee organization; a
federation of labor unions, groups, locals, or other employee
organizations; an auxiliary of a labor union, employee organization, or
federation of labor unions, groups, locals, or other employee
organizations; or any other bona fide organization in which employees
participate and that exists for the purpose, in whole or in part, of
dealing with employers concerning grievances, labor disputes, wages,
hours, and other terms and conditions of employment.
(19) "Separate
segregated fund" means a separate segregated fund established pursuant
to the Federal Election Campaign Act.
(20) "Federal
Election Campaign Act" means the "Federal Election Campaign Act of
1971," 86 Stat. 11, 2 U.S.C.A. 431, et seq., as amended.
(21) "Restricted
fund" means the fund a state or county political party must establish
under division (A)(1) of section 3517.1012 [3517.10.12] of the Revised
Code.
(22)
"Electioneering communication" has the same meaning as in section
3517.1011 [3517.10.11] of the Revised Code.
(23) "Express
advocacy" means a communication that contains express words advocating
the nomination, election, or defeat of a candidate or that contains
express words advocating the adoption or defeat of a question or issue,
as determined by a final judgment of a court of competent jurisdiction.
(24) "Political
committee" has the same meaning as in section 3517.1011 [3517.10.11] of
the Revised Code.
(25) "Political
contributing entity" means any entity, including a corporation or labor
organization, that may lawfully make contributions and expenditures and
that is not an individual or a political action committee, continuing
association, campaign committee, political party, legislative campaign
fund, designated state campaign committee, or state candidate fund. For
purposes of this division, "lawfully" means not prohibited by any
section of the Revised Code, or authorized by a final judgment of a
court of competent jurisdiction.
HISTORY: GC § 4785-61; 113 v 307(335), § 61; Bureau of Code
Revision, 10-1-53; 133 v S 24 (Eff 10-30-69); 134 v S 460 (Eff
3-23-72); 135 v S 46 (Eff 7-23-74); 141 v H 639 (Eff 7-24-86); 141 v H
300 (Eff 9-17-86); 141 v H 428 (Eff 12-23-86); 143 v S 6 (Eff
10-30-89); 146 v S 8 (Eff 8-23-95); 146 v H 99 (Eff 8-23-95); 146 v S 9
(Eff 8-24-95); 147 v S 116 (Eff 12-9-97); 147 v S 134. Eff 7-13-98; 150
v H 1, § 1, eff. 3-31-05; 151 v S 115, § 1, eff. 4-26-05.
[§ 3517.01.1] § 3517.011. Form of petition.
The petition required in section 3517.01 of the Revised Code shall be
on a form prescribed by the secretary of state. The petition may be
presented in separate parts but each part shall contain a full and
correct copy of the declaration. Such petition or part petition shall
be circulated and signed as required by section 3501.38 of the Revised
Code.
HISTORY: 133 v S 24 (Eff 10-30-69); 135 v H 662. Eff 9-27-74.
[§ 3517.01.2] § 3517.012. Party de jure upon filing petition.
When a petition meeting the requirements of section 3517.01 of the
Revised Code declaring the intention to organize a political party is
filed with the secretary of state, the new party comes into legal
existence on the date of filing and is entitled to hold a primary
election as set out in section 3513.01 of the Revised Code, at the
primary election, held in even-numbered years that occurs more than one
hundred twenty days after the date of filing.
HISTORY: 133 v S 24. Eff 10-30-69.
[§ 3517.01.3] § 3517.013. Candidates of new parties exempted for four years.
Section 3513.191 [3513.19.1] of the Revised Code does not apply to
persons desiring to become candidates for party nomination of a newly
formed political party meeting the requirements of sections 3517.011
[3517.01.1] and 3517.012 [3517.01.2] of the Revised Code for a period
of four calendar years from the date of the party formation.
HISTORY: 133 v S 24. Eff 10-30-69.
[§ 3517.01.4] § 3517.014. Candidates of new parties exempted at first primary.
Those provisions of section 3513.19 of the Revised Code relating to the
determination of membership in or political affiliation with a party do
not apply to persons desiring to become candidates for party nomination
of a newly formed political party meeting the requirements of sections
3517.011 [3517.01.1] and 3517.012 [3517.01.2] of the Revised Code at
the first primary held by that party in the even-numbered year
occurring subsequent to the formation of that party.
HISTORY: 133 v S 24. Eff 10-30-69.
[§ 3517.01.5] § 3517.015. Signers of declarations of
candidacy for new party deemed members regardless of prior political
affiliation.
Qualified electors who signed declarations of candidacy of persons
desiring to become candidates for party nomination of a newly formed
political party meeting the requirements of sections 3517.011
[3517.01.1] and 3517.012 [3517.01.2] of the Revised Code at the first
primary election held by that party in the even-numbered year
subsequent to the party formation are not subject to section 3513.19 of
the Revised Code and shall, for the purpose of signing said
declarations of candidacy, be deemed members of the newly formed
political party regardless of prior political affiliations.
HISTORY: 133 v S 24. Eff 10-30-69.
[§ 3517.01.6] § 3517.016. New party vote not barred by prior affiliation.
At the first primary election held by a newly formed political party
meeting the requirements of sections 3517.011 [3517.01.1] and 3517.012
[3517.01.2] of the Revised Code, any qualified elector who desires to
vote the new party primary ballot is not subject to section 3513.19 of
the Revised Code and shall be allowed to vote the new party primary
ballot regardless of prior political party affiliation.
HISTORY: 133 v S 24. Eff 10-30-69.
§ 3517.02. Election of controlling committees; filing of organizational information.
All members of controlling committees of a major or intermediate
political party shall be elected by direct vote of the members of the
party, except as otherwise provided in section 3517.05 of the Revised
Code. Their names shall be placed upon the official ballot, and,
notwithstanding division (B) of section 3513.23 of the Revised Code,
the persons receiving the highest number of votes for committeepersons
shall be the members of those controlling committees. Each member of a
controlling committee shall be a resident and qualified elector of the
district, ward, or precinct that the member is elected to represent.
All members of controlling committees of a minor political party shall
be determined in accordance with party rules.
Each political party shall file with the office of the secretary of
state a copy of its constitution and bylaws, if any, within thirty days
of adoption or amendment. Each party shall also file with the office of
the secretary of state a list of members of its controlling committees
and other party officials within thirty days of their election or
appointment.
HISTORY: GC § 4785-62; 113 v 307(335), § 62; Bureau of Code
Revision, 10-1-53; 134 v S 460 (Eff 3-23-72); 140 v S 358 (Eff 4-3-84);
141 v H 160, § 1 (Eff 7-12-85); 141 v H 160, § 3 (Eff
5-31-92); 144 v H 700, § 10 (Eff 4-1-92); 149 v H 445. Eff
12-23-2002.
§ 3517.03. Membership of controlling committees.
The controlling committees of each major political party or
organization shall be a state central committee consisting of two
members, one a man and one a woman, representing either each
congressional district in the state or each senatorial district in the
state, as the outgoing committee determines; a county central committee
consisting of one member from each election precinct in the county, or
of one member from each ward in each city and from each township in the
county, as the outgoing committee determines; and such district, city,
township, or other committees as the rules of the party provide.
All the members of such committees shall be members of the party and
shall be elected for terms of either two or four years, as determined
by party rules, by direct vote at the primary held in an even-numbered
year. Except as otherwise provided in section 3517.02 of the Revised
Code, candidates for election as state central committee members shall
be elected at primaries in the same manner as provided in sections
3513.01 to 3513.32 of the Revised Code for the nomination of candidates
for office in a county. Candidates for election as members of the
county central committee shall be elected at primaries in the same
manner as provided in those sections for the nomination of candidates
for county offices, except as otherwise provided in sections 3513.051
[3513.05.1] and 3517.02 of the Revised Code.
Each major party controlling committee shall elect an executive
committee that shall have the powers granted to it by the party
controlling committee, and provided to it by law. When a judicial,
senatorial, or congressional district is comprised of more than one
county, the chairperson and secretary of the county central committee
from each county in that district shall constitute the judicial,
senatorial, or congressional committee of the district. When a
judicial, senatorial, or congressional district is included within a
county, the county central committee shall constitute the judicial,
senatorial, or congressional committee of the district.
The controlling committee of each intermediate political party or
organization shall be a state central committee consisting of two
members, one a man and one a woman, from each congressional district in
the state. All members of the committee shall be members of the party
and shall be elected by direct vote at the primary held in the
even-numbered years. Except as otherwise provided in section 3517.02 of
the Revised Code, candidates for election shall be elected at the
primary in the same manner as provided in sections 3513.01 to 3513.32
of the Revised Code. An intermediate political party may have such
other party organization as its rules provide. Each intermediate party
shall file the names and addresses of its officers with the secretary
of state.
A minor political party may elect controlling committees at a primary
election in the even-numbered year by filing a plan for party
organization with the secretary of state on or before the ninetieth day
before the day of the primary election. The plan shall specify which
offices are to be elected and provide the procedure for qualification
of candidates for those offices. Candidates to be elected pursuant to
the plan shall be designated and qualified on or before the ninetieth
day before the day of the election. Such parties may, in lieu of
electing a controlling committee or other officials, choose such
committee or other officials in accordance with party rules. Each such
party shall file the names and addresses of members of its controlling
committee and party officers with the secretary of state.
HISTORY: GC § 4785-63; 113 v 307(335), § 63; 114 v 679(688);
Bureau of Code Revision, 10-1-53; 134 v S 460 (Eff 3-23-72); 140 v S
358 (Eff 4-3-84); 141 v H 160 (Eff 7-12-85); 143 v S 6, § 1 (Eff
10-30-89); 143 v S 6, § 3 (Eff 5-31-92); 144 v H 700, § 11
(Eff 4-1-92); 148 v H 157 (Eff 9-20-99); 149 v H 445. Eff 12-23-2002.
§ 3517.04. Organizational procedures of central committees.
The members-elect of each major political party state central committee
shall, except as otherwise provided in this section, meet following the
declaration of the results by the boards of elections of the election
of members of the state central committees, at a suitable place and
time to be designated by the retiring chairman of the committee in
accordance with party rules. In the case of a county central committee,
the meeting shall be held not earlier than six nor later than fifteen
days following the declaration of the results by the board of elections
of the election of members of county central committees in that county.
Notice of any meeting held pursuant to this section, giving the place
and time, shall be sent to each member-elect by the retiring secretary
of the committee by mail and a copy of the notice shall be posted in
the office of the secretary of state or board of elections, as the case
may be, at least five days prior to any such meeting. The meeting shall
be called to order by the retiring chairman or secretary or if there is
no such officer, or if such officer is absent, then by a member of such
committee designated by the secretary of state in the case of the state
committees, and by a member of the board of elections of the same
political party, designated by the board, in the case of county
committees. A temporary chairman and secretary shall be chosen and the
committee shall proceed to organize by the election of a chairman,
vice-chairman, treasurer, secretary, and such other officers as the
rules provide.
HISTORY: GC § 4785-64; 113 v 307(336), § 64; 123 v 380;
Bureau of Code Revision, 10-1-53; 134 v S 460 (Eff 3-23-72); 137 v H
655 (Eff 10-19-78); 141 v H 555 (Eff 2-26-86); 143 v S 6. Eff 10-30-89.
§ 3517.05. Term of committee members; vacancies; rightful county central or executive committee.
All party committees, the selection of which is provided for in
sections 3517.02 and 3517.03 of the Revised Code, shall, except as
otherwise provided in this section, serve until the date of the
organizational meeting provided for in section 3517.04 of the Revised
Code. A county central committee shall serve until the sixth day after
the date of the declaration of the results by the board of elections of
the primary election in that county. In case of vacancies caused by
death, resignation, failure to elect, or removal from the precinct,
ward, township, or district from which a committeeman was chosen, the
controlling committee or, if authorized, the executive committee shall
fill the vacancy for the unexpired term by a majority vote of the
members of such committee.
If more than one organized group claims to be the rightful county
central or executive committee, each such group shall file a list of
its officers and members as provided in section 3517.06 of the Revised
Code, and the board of elections with which such lists are filed shall
certify them to the state central committee of the party concerned. The
state central committee shall meet within thirty days after receipt of
such certification and forthwith determine and certify which committee
shall be recognized as the rightful county central or executive
committee.
HISTORY: GC § 4785-65; 113 v 307(336), § 65; 114 v 679(689);
118 v 223; 119 v 741; 123 v 380; Bureau of Code Revision, 10-1-53; 137
v H 655. Eff 10-19-78.
§ 3517.06. Lists of members of party committees filed; report of changes.
A list of the names and addresses of the members and officers of the
county central committee and the county executive committee of each
political party shall be filed by the secretary of each committee in
the office of the board of elections of the county in which such
committee exists and in the office of the secretary of state promptly
after the organization of each of such committees. A list of the names
and addresses of the members of the state central committee and the
state executive committee of each political party shall be filed by the
secretary of each committee in the office of the secretary of state
promptly after the organization of each of such committees.
All changes occurring in the membership of a county central or
executive committee after such filing shall be reported promptly by the
secretary of such committee to the board and to the secretary of state.
All changes occurring in the membership of a state central or executive
committee after such filing shall be reported promptly by the secretary
of such committee to the secretary of state. All such lists shall be
open to public inspection at all times when the offices in which they
are filed are open for business.
HISTORY: GC § 4785-66; 113 v 307(337), § 66; 122 v 325; Bureau of Code Revision. Eff 10-1-53.
§ 3517.07. Parties or groups engaged in un-American activities barred from ballot.
No political party or group which advocates, either directly or
indirectly, the overthrow, by force or violence, of our local, state,
or national government or which carries on a program of sedition or
treason by radio, speech, or press or which has in any manner any
connection with any foreign government or power or which in any manner
has any connection with any group or organization so connected or so
advocating the overthrow, by force or violence, of our local, state, or
national government or so carrying on a program of sedition or treason
by radio, speech, or press shall be recognized or be given a place on
the ballot in any primary or general election held in the state or in
any political subdivision thereof.
Any party or group desiring to have a place on the ballot shall file
with the secretary of state and with the board of elections in each
county in which it desires to have a place on the ballot an affidavit
made by not less than ten members of such party, not less than three of
whom shall be executive officers thereof, under oath stating that it
does not advocate, either directly or indirectly, the overthrow, by
force or violence, of our local, state, or national government; that it
does not carry on any program of sedition or treason by radio, speech,
or press; that it has no connection with any foreign government or
power; that it has no connection with any group or organization so
connected or so advocating, either directly or indirectly, the
overthrow, by force or violence, of our local, state, or national
government or so carrying on a program of sedition or treason by radio,
speech, or press.
Said affidavit shall be filed not less than six nor more than nine
months prior to the primary or general election in which the party or
group desires to have a place on the ballot. The secretary of state
shall investigate the facts appearing in the affidavit and shall within
sixty days after the filing thereof find and certify whether or not
this party or group is entitled under this section to have a place on
the ballot.
Any qualified member of such party or group or any elector of this
state may appeal from the finding of the secretary of state to the
supreme court of Ohio.
This section does not apply to any political party or group which has
had a place on the ballot in each national and gubernatorial election
since the year 1900.
HISTORY: GC §§ 4785-100a, 4785-100b; 119 v 586; Bureau of Code Revision. Eff 10-1-53.
——————————
CAMPAIGN EXPENDITURES
§ 3517.08. Matters not considered to be contribution or expenditure; attribution of expenditures; charitable donations.
(A) The personal expenses of a candidate
paid for by the candidate, from the candidate's personal funds, shall
not be considered as a contribution by or an expenditure by the
candidate and shall not be reported under section 3517.10 of the
Revised Code.
(B)
(1) An
expenditure by a political action committee or a political contributing
entity shall not be considered a contribution by the political action
committee or the political contributing entity or an expenditure by or
on behalf of the candidate if the purpose of the expenditure is to
inform only its members by means of mailed publications of its
activities or endorsements.
(2) An
expenditure by a political party shall not be considered a contribution
by the political party or an expenditure by or on behalf of the
candidate if the purpose of the expenditure is to inform predominantly
the party's members by means of mailed publications or other direct
communication of its activities or endorsements, or for voter contact
such as sample ballots, absent voter's ballots application mailings,
voter registration, or get-out-the-vote activities.
(C) An expenditure by a continuing
association, political contributing entity, or political party shall
not be considered a contribution to any campaign committee or an
expenditure by or on behalf of any campaign committee if the purpose of
the expenditure is for the staff and maintenance of the continuing
association's, political contributing entity's, or political party's
headquarters, or for a political poll, survey, index, or other type of
measurement not on behalf of a specific candidate.
(D) The expenses of maintaining a
constituent office paid for, from the candidate's personal funds, by a
candidate who is a member of the general assembly at the time of the
election shall not be considered a contribution by or an expenditure by
or on behalf of the candidate, and shall not be reported, if the
constituent office is not used for any candidate's campaign activities.
(E) The net contribution of each social
or fund-raising activity shall be calculated by totaling all
contributions to the activity minus the expenditures made for the
activity.
(F) An expenditure that purchases goods
or services shall be attributed to an election when the disbursement of
funds is made, rather than at the time the goods or services are used.
The secretary of state, under the procedures of Chapter 119. of the
Revised Code, shall establish rules for the attribution of expenditures
to a candidate when the candidate is a candidate for more than one
office during a reporting period and for expenditures made in a year in
which no election is held. The secretary of state shall further define
by rule those expenditures that are or are not by or on behalf of a
candidate.
(G) An expenditure for the purpose of a
charitable donation may be made if it is made to an organization that
is exempt from federal income taxation under subsection 501(a) and
described in subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or
501(c)(19) of the Internal Revenue Code or is approved by advisory
opinion of the Ohio elections commission as a legitimate charitable
organization. Each expenditure under this division shall be separately
itemized on statements made pursuant to section 3517.10 of the Revised
Code.
HISTORY: 135 v S 46 (Eff 7-23-74); 136 v H 1 (Eff 6-13-75); 136 v H 205
(Eff 1-1-76); 136 v H 1379 (Eff 6-23-76); 141 v H 639 (Eff 7-24-86);
141 v H 300 (Eff 9-17-86); 146 v S 8 (Eff 8-23-95); 147 v S 116 (Eff
12-9-97); 147 v S 134. Eff 7-13-98; 150 v H 1, § 1, eff. 3-31-05;
151 v S 115, § 1, eff. 4-26-05.
[§ 3517.08.1] § 3517.081. Campaign committee; treasurer; vacancy of office of treasurer.
Each candidate shall have no more than one campaign committee for
purposes of receiving contributions and making expenditures. No
campaign committee shall receive any contribution or make any
expenditure other than through the campaign treasurer. The campaign
treasurer shall file all statements required of a candidate or campaign
committee under section 3517.10 of the Revised Code.
The candidate shall designate himself or a member of his campaign
committee as his campaign treasurer as required by division (D) of
section 3517.10 of the Revised Code. The campaign treasurer may appoint
deputy campaign treasurers as required. Deputy campaign treasurers may
exercise any of the powers and duties of a campaign treasurer when
specifically authorized to do so by the campaign treasurer or the
candidate.
Each candidate shall file a written statement, as required by division
(D) of section 3517.10 of the Revised Code, setting forth the full name
and address of the campaign treasurer and also of each deputy
treasurer. Each candidate shall file supplemental statements giving the
full name and address of each deputy treasurer at the time of
appointment.
A candidate may remove the campaign treasurer or any deputy campaign
treasurer at any time. In the case of death, resignation, or removal of
the treasurer or deputy treasurer before compliance with all
obligations of a campaign treasurer, the candidate shall fill the
vacancy thus created in the same manner as provided in the case of an
original appointment.
HISTORY: 135 v S 46 (Eff 7-23-74); 141 v H 639 (Eff 7-24-86); 141 v H 428. Eff 12-23-86.
[§ 3517.08.2] § 3517.082. Corporation, nonprofit corporation,
or labor organization may establish political action committee or
segregated fund.
(A) Any corporation, any nonprofit
corporation, or any labor organization may establish, administer, and
solicit contributions from the persons listed in division (B) of this
section, to either or both of the following:
(1) A political
action committee of the corporation or labor organization with respect
to state and local elections;
(2) A separate
segregated fund pursuant to the Federal Election Campaign Act.
(B)
(1) A
corporation and a nonprofit corporation may solicit contributions from
its stockholders, officers, directors, trustees that are not
corporations or labor organizations, and employees.
(2) A nonprofit corporation also may solicit contributions from:
(a) Its members that are not corporations or labor organizations;
(b) Officers, directors, trustees that are not corporations or labor
organizations, and employees of any members of the nonprofit
corporation.
(3) A labor
organization may solicit contributions from its members, officers, and
employees.
(C) A corporation, nonprofit
corporation, or labor organization shall report to a political action
committee, or to a separate segregated fund with respect to state and
local elections, the following costs expended by the corporation,
nonprofit corporation, or labor organization that are associated with
establishing, administering, and soliciting contributions to the
political action committee or separate segregated fund pursuant to
division (A) of this section:
(1) Mailing and
printing expenses for direct solicitation of contributions pursuant to
this section;
(2) The portion
of an employee's salary or wages attributable to time the employee
spends in activities related to establishing, administering, and
soliciting contributions to a political action committee or separate
segregated fund, if that time exceeds during a reporting period fifty
per cent of the time for which the employee is compensated by the
corporation, nonprofit corporation, or labor organization;
(3) The cost
associated with the purchase, lease, operation, and use of equipment
for activities related to establishing, administering, and soliciting
contributions to a political action committee or separate segregated
fund if during a reporting period more than fifty per cent of the use
of the equipment is for those activities;
(4) Professional
fees paid by the corporation, nonprofit corporation, or labor
organization for establishing, administering, and soliciting
contributions to a political action committee or separate segregated
fund.
The political
action committee shall itemize the amounts and purposes of those costs
expended by the corporation, nonprofit corporation, or labor
organization and file them as part of the statement required of
political action committees under division (A) of section 3517.10 of
the Revised Code. The separate segregated fund with respect to state
and local elections shall file with the secretary of state a copy of
the portion of each report and statement required under the Federal
Election Campaign Act that applies to state and local elections at the
same time that the entire original report is filed in accordance with
that act.
(D) A corporation, nonprofit
corporation, or labor organization may obtain contributions for a
political action committee or a separate segregated fund under this
section from an individual described in division (B) of this section
from whom the corporation, nonprofit corporation, or labor organization
was not obtaining contributions for that political action committee or
separate segregated fund before the effective date of this amendment on
an automatic basis pursuant to a payroll deduction plan only if the
individual who is contributing to that political action committee or
separate segregated fund affirmatively consents to the contribution in
writing.
(E) In addition to the laws listed in
division (A) of section 4117.10 of the Revised Code that prevail over
conflicting agreements between employee organizations and public
employers, this section prevails over any conflicting provisions of
agreements between labor organizations and public employers that are
entered into on or after the effective date of this amendment pursuant
to Chapter 4117. of the Revised Code.
HISTORY: 142 v H 354 (Eff 9-22-87); 146 v S 8. Eff 8-23-95; 150 v H 1, § 1, eff. 3-31-05.
§ 3517.09. Prohibited solicitations; employee or union member to consent to contribution in writing.
(A) No person or committee shall
solicit, ask, invite, or demand, directly or indirectly, orally or in
writing, a contribution, subscription, or payment from a candidate for
nomination or election or from the campaign committee of that
candidate, and no person shall solicit, ask, invite, or demand that a
candidate for nomination or election or the campaign committee of that
candidate subscribe to the support of a club or organization, buy
tickets to an entertainment, ball, supper, or other meeting, or pay for
space in a book, program, or publication. This division does not apply
to any of the following:
(1) Regular
advertisements in periodicals having an established circulation;
(2) Regular
payments to civic, political, fraternal, social, charitable, or
religious organizations of which the candidate was a member or
contributor six months before the candidate's candidacy;
(3) Regular
party assessments made by a party against its own candidates.
(B) No person shall coerce, intimidate,
or cause harm to another person by an act or failure to act, or shall
threaten to coerce, intimidate, or cause harm to another person,
because that other person makes or does not make a contribution to a
candidate, campaign committee, political party, legislative campaign
fund, political action committee, political contributing entity, or
person making disbursements to pay the direct costs of producing or
airing electioneering communications.
(C) An employer or labor organization,
directly or through another person, may obtain contributions for a
candidate, campaign committee, political action committee, legislative
campaign fund, political party, or person making disbursements to pay
the direct costs of producing or airing electioneering communications
from an employee or member from whom the employer or labor organization
was not obtaining contributions for that candidate, campaign committee,
political action committee, legislative campaign fund, political party,
or person making disbursements to pay the direct costs of producing or
airing electioneering communications before March 31, 2005 on an
automatic basis pursuant to a payroll deduction plan only if the
employee or member who is contributing to that candidate, campaign
committee, political action committee, legislative campaign fund,
political party, or person making disbursements to pay the direct costs
of producing or airing electioneering communications affirmatively
consents to the contribution in writing.
(D) In addition to the laws listed in
division (A) of section 4117.10 of the Revised Code that prevail over
conflicting agreements between employee organizations and public
employers, this section prevails over any conflicting provisions of
agreements between labor organizations and public employers that are
entered into on or after March 31, 2005 pursuant to Chapter 4117. of
the Revised Code.
HISTORY: GC § 4785-185; 113 v 307(395), § 185; Bureau of Code
Revision, 10-1-53; 146 v S 8 (Eff 8-23-95); 147 v S 134. Eff 7-13-98;
150 v H 1, § 1, eff. 3-31-05; 151 v S 115, § 1, eff. 4-26-05.
[§ 3517.09.1] § 3517.091. Duties of door-to-door political contribution solicitors.
(A) Except as otherwise provided in
division (E) of this section, any person or organization that makes
door-to-door solicitations for contributions to influence legislation,
for contributions to influence the actions of any regulatory agency, or
for contributions to support or oppose the campaign of any candidate
for political office shall report in writing to the secretary of state
by the thirty-first day of July of each year with regard to actions
taken during the first six months of that calendar year, and by the
thirty-first day of January of each year with regard to actions taken
during the second six months of the previous calendar year, all of the
following:
(1) The name and
address of the solicitor and of the organization, if any, for which the
solicitation is made, and the name and address of the organization's
director or chief executive officer;
(2) The name and
address of each person or organization from which it received one or
more contributions, and the amount and date of each such contribution;
(3) A complete
list of all receipts and expenditures it has made to influence
legislation, to influence the actions of any regulatory agency, or to
support or oppose the campaign of any candidate for political office.
(B) Before making any solicitation
described in division (A) of this section, the solicitor shall give the
person being solicited a written notice that contains all of the
following:
(1) The information described in division (A)(1) of this section;
(2) A list of any purposes for which money contributed might be used;
(3) The amount of compensation, if any, being paid to the solicitor;
(4) A statement
that the person being solicited may refuse to make a contribution
without suffering any reprisal.
(C) No person or organization shall fail
to comply with the requirements of division (A) or (B) of this section.
(D) This section does not apply to the
solicitation activities of any charitable organization as defined in
division (H) of section 2915.01 of the Revised Code.
HISTORY: 142 v H 231. Eff 10-5-87.
[§ 3517.09.2] § 3517.092. Prohibitions as to solicitation or
acceptance of contributions by state or county elected officers or
candidates; provisions as to public employees generally.
(A) As used in this section:
(1) "Appointing
authority" has the same meaning as in section 124.01 of the Revised
Code.
(2) "State
elected officer" means any person appointed or elected to a state
elective office.
(3) "State
elective office" means any of the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of state,
attorney general, member of the state board of education, member of the
general assembly, and justice and chief justice of the supreme court.
(4) "County
elected officer" means any person appointed or elected to a county
elective office.
(5) "County
elective office" means any of the offices of county auditor, county
treasurer, clerk of the court of common pleas, sheriff, county
recorder, county engineer, county commissioner, prosecuting attorney,
and coroner.
(6)
"Contribution" includes a contribution to any political party, campaign
committee, political action committee, political contributing entity,
or legislative campaign fund.
(B) No state elected officer, no
campaign committee of such an officer, and no other person or entity
shall knowingly solicit or accept a contribution on behalf of that
officer or that officer's campaign committee from any of the following:
(1) A state
employee whose appointing authority is the state elected officer;
(2) A state
employee whose appointing authority is authorized or required by law to
be appointed by the state elected officer;
(3) A state
employee who functions in or is employed in or by the same public
agency, department, division, or office as the state elected officer.
(C) No candidate for a state elective
office, no campaign committee of such a candidate, and no other person
or entity shall knowingly solicit or accept a contribution on behalf of
that candidate or that candidate's campaign committee from any of the
following:
(1) A state
employee at the time of the solicitation, whose appointing authority
will be the candidate, if elected;
(2) A state
employee at the time of the solicitation, whose appointing authority
will be appointed by the candidate, if elected, as authorized or
required by law;
(3) A state
employee at the time of the solicitation, who will function in or be
employed in or by the same public agency, department, division, or
office as the candidate, if elected.
(D) No county elected officer, no
campaign committee of such an officer, and no other person or entity
shall knowingly solicit a contribution on behalf of that officer or
that officer's campaign committee from any of the following:
(1) A county
employee whose appointing authority is the county elected officer;
(2) A county
employee whose appointing authority is authorized or required by law to
be appointed by the county elected officer;
(3) A county
employee who functions in or is employed in or by the same public
agency, department, division, or office as the county elected officer.
(E) No candidate for a county elective
office, no campaign committee of such a candidate, and no other person
or entity shall knowingly solicit a contribution on behalf of that
candidate or that candidate's campaign committee from any of the
following:
(1) A county
employee at the time of the solicitation, whose appointing authority
will be the candidate, if elected;
(2) A county
employee at the time of the solicitation, whose appointing authority
will be appointed by the candidate, if elected, as authorized or
required by law;
(3) A county
employee at the time of the solicitation, who will function in or be
employed in or by the same public agency, department, division, or
office as the candidate, if elected.
(F)
(1) No
public employee shall solicit a contribution from any person while the
public employee is performing the public employee's official duties or
in those areas of a public building where official business is
transacted or conducted.
(2) No person
shall solicit a contribution from any public employee while the public
employee is performing the public employee's official duties or is in
those areas of a public building where official business is transacted
or conducted.
(3) As used in
division (F) of this section, "public employee" does not include any
person holding an elective office.
(G) The prohibitions in divisions (B),
(C), (D), (E), and (F) of this section are in addition to the
prohibitions in sections 124.57, 3304.22, and 4503.032 [4503.03.2] of
the Revised Code.
HISTORY: 146 v S 8 (Eff 8-23-95); 146 v S 261. Eff 11-20-96; 147 v S
134. Eff 7-13-98; 150 v H 95, § 1, eff. 6-26-03; 150 v H 1, §
1, eff. 3-31-05; 151 v S 115, § 1, eff. 4-26-05.
§ 3517.10. Filing of statements of contributions and expenditures; designation of treasurer; prohibited contributions.
(A) Except as otherwise provided in this
division, every campaign committee, political action committee,
legislative campaign fund, political party, and political contributing
entity that made or received a contribution or made an expenditure in
connection with the nomination or election of any candidate or in
connection with any ballot issue or question at any election held or to
be held in this state shall file, on a form prescribed under this
section or by electronic means of transmission as provided in this
section and section 3517.106 [3517.10.6] of the Revised Code, a full,
true, and itemized statement, made under penalty of election
falsification, setting forth in detail the contributions and
expenditures, not later than four p.m. of the following dates:
(1) The twelfth
day before the election to reflect contributions received and
expenditures made from the close of business on the last day reflected
in the last previously filed statement, if any, to the close of
business on the twentieth day before the election;
(2) The
thirty-eighth day after the election to reflect the contributions
received and expenditures made from the close of business on the last
day reflected in the last previously filed statement, if any, to the
close of business on the seventh day before the filing of the
statement;
(3) The last
business day of January of every year to reflect the contributions
received and expenditures made from the close of business on the last
day reflected in the last previously filed statement, if any, to the
close of business on the last day of December of the previous year;
(4) The last
business day of July of every year to reflect the contributions
received and expenditures made from the close of business on the last
day reflected in the last previously filed statement, if any, to the
close of business on the last day of June of that year.
A campaign
committee shall only be required to file the statements prescribed
under divisions (A)(1) and (2) of this section in connection with the
nomination or election of the committee's candidate.
The statement
required under division (A)(1) of this section shall not be required of
any campaign committee, political action committee, legislative
campaign fund, political party, or political contributing entity that
has received contributions of less than one thousand dollars and has
made expenditures of less than one thousand dollars at the close of
business on the twentieth day before the election. Those contributions
and expenditures shall be reported in the statement required under
division (A)(2) of this section.
If an election
to select candidates to appear on the general election ballot is held
within sixty days before a general election, the campaign committee of
a successful candidate in the earlier election may file the statement
required by division (A)(1) of this section for the general election
instead of the statement required by division (A)(2) of this section
for the earlier election if the pregeneral election statement reflects
the status of contributions and expenditures for the period twenty days
before the earlier election to twenty days before the general election.
If a person
becomes a candidate less than twenty days before an election, the
candidate's campaign committee is not required to file the statement
required by division (A)(1) of this section.
No statement
under division (A)(3) or (4) of this section shall be required for any
year in which a campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity is required to file a postgeneral election statement under
division (A)(2) of this section. However, such a statement may be
filed, at the option of the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity.
No statement
under division (A)(3) or (4) of this section shall be required if the
campaign committee, political action committee, legislative campaign
fund, political party, or political contributing entity has no
contributions that it has received and no expenditures that it has made
since the last date reflected in its last previously filed statement.
However, the campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity shall file a statement to that effect, on a form prescribed
under this section and made under penalty of election falsification, on
the date required in division (A)(3) or (4) of this section, as
applicable.
The campaign
committee of a statewide candidate shall file a monthly statement of
contributions received during each of the months of July, August, and
September in the year of the general election in which the candidate
seeks office. The campaign committee of a statewide candidate shall
file the monthly statement not later than three business days after the
last day of the month covered by the statement. During the period
beginning on the nineteenth day before the general election in which a
statewide candidate seeks election to office and extending through the
day of that general election, each time the campaign committee of the
joint candidates for the offices of governor and lieutenant governor or
of a candidate for the office of secretary of state, auditor of state,
treasurer of state, or attorney general receives a contribution from a
contributor that causes the aggregate amount of contributions received
from that contributor during that period to equal or exceed ten
thousand dollars and each time the campaign committee of a candidate
for the office of chief justice or justice of the supreme court
receives a contribution from a contributor that causes the aggregate
amount of contributions received from that contributor during that
period to exceed ten thousand dollars, the campaign committee shall
file a two-business-day statement reflecting that contribution. During
the period beginning on the nineteenth day before a primary election in
which a candidate for statewide office seeks nomination to office and
extending through the day of that primary election, each time either
the campaign committee of a statewide candidate in that primary
election that files a notice under division (C)(1) of section 3517.103
[3517.10.3] of the Revised Code or the campaign committee of a
statewide candidate in that primary election to which, in accordance
with division (D) of section 3517.103 [3517.10.3] of the Revised Code,
the contribution limitations prescribed in section 3517.102 [3517.10.2]
of the Revised Code no longer apply receives a contribution from a
contributor that causes the aggregate amount of contributions received
from that contributor during that period to exceed ten thousand
dollars, the campaign committee shall file a two-business-day statement
reflecting that contribution. Contributions reported on a
two-business-day statement required to be filed by a campaign committee
of a statewide candidate in a primary election shall also be included
in the postprimary election statement required to be filed by that
campaign committee under division (A)(2) of this section. A
two-business-day statement required by this paragraph shall be filed
not later than two business days after receipt of the contribution. The
statements required by this paragraph shall be filed in addition to any
other statements required by this section.
Subject to the
secretary of state having implemented, tested, and verified the
successful operation of any system the secretary of state prescribes
pursuant to divisions (C)(6)(b) and (D)(6) of this section and division
(H)(1) of section 3517.106 [3517.10.6] of the Revised Code for the
filing of campaign finance statements by electronic means of
transmission, a campaign committee of a statewide candidate shall file
a two-business-day statement under the preceding paragraph by
electronic means of transmission if the campaign committee is required
to file a pre-election, postelection, or monthly statement of
contributions and expenditures by electronic means of transmission
under this section or section 3517.106 [3517.10.6] of the Revised Code.
If a campaign
committee or political action committee has no balance on hand and no
outstanding obligations and desires to terminate itself, it shall file
a statement to that effect, on a form prescribed under this section and
made under penalty of election falsification, with the official with
whom it files a statement under division (A) of this section after
filing a final statement of contributions and a final statement of
expenditures, if contributions have been received or expenditures made
since the period reflected in its last previously filed statement.
(B) Except as otherwise provided in
division (C)(7) of this section, each statement required by division
(A) of this section shall contain the following information:
(1) The full
name and address of each campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity, including any treasurer of the committee, fund,
party, or entity, filing a contribution and expenditure statement;
(2)
(a) In the case of a campaign committee, the candidate's full name and
address;
(b) In the case of a political action committee, the registration
number assigned to the committee under division (D)(1) of this section.
(3) The date of
the election and whether it was or will be a general, primary, or
special election;
(4) A statement
of contributions received, which shall include the following
information:
(a) The month, day, and year of the contribution;
(b)
(i) The full name and address of each person, political party, campaign
committee, legislative campaign fund, political action committee, or
political contributing entity from whom contributions are received and
the registration number assigned to the political action committee
under division (D)(1) of this section. The requirement of filing the
full address does not apply to any statement filed by a state or local
committee of a political party, to a finance committee of such
committee, or to a committee recognized by a state or local committee
as its fund-raising auxiliary. Notwithstanding division (F) of this
section, the requirement of filing the full address shall be considered
as being met if the address filed is the same address the contributor
provided under division (E)(1) of this section.
(ii) If a political action committee, political contributing entity,
legislative campaign fund, or political party that is required to file
campaign finance statements by electronic means of transmission under
section 3517.106 [3517.10.6] of the Revised Code or a campaign
committee of a statewide candidate or candidate for the office of
member of the general assembly receives a contribution from an
individual that exceeds one hundred dollars, the name of the
individual's current employer, if any, or, if the individual is
self-employed, the individual's occupation and the name of the
individual's business, if any;
(iii) If a campaign committee of a statewide candidate or candidate for
the office of member of the general assembly receives a contribution
transmitted pursuant to section 3599.031 [3599.03.1] of the Revised
Code from amounts deducted from the wages and salaries of two or more
employees that exceeds in the aggregate one hundred dollars during any
one filing period under division (A)(1), (2), (3), or (4) of this
section, the full name of the employees' employer and the full name of
the labor organization of which the employees are members, if any.
(c) A description of the contribution received, if other than money;
(d) The value in dollars and cents of the contribution;
(e) A separately itemized account of all contributions and expenditures
regardless of the amount, except a receipt of a contribution from a
person in the sum of twenty-five dollars or less at one social or
fund-raising activity and a receipt of a contribution transmitted
pursuant to section 3599.031 [3599.03.1] of the Revised Code from
amounts deducted from the wages and salaries of employees if the
contribution from the amount deducted from the wages and salary of any
one employee is twenty-five dollars or less aggregated in a calendar
year. An account of the total contributions from each social or
fund-raising activity shall include a description of and the value of
each in-kind contribution received at that activity from any person who
made one or more such contributions whose aggregate value exceeded two
hundred fifty dollars and shall be listed separately, together with the
expenses incurred and paid in connection with that activity. A campaign
committee, political action committee, legislative campaign fund,
political party, or political contributing entity shall keep records of
contributions from each person in the amount of twenty-five dollars or
less at one social or fund-raising activity and contributions from
amounts deducted under section 3599.031 [3599.03.1] of the Revised Code
from the wages and salary of each employee in the amount of twenty-five
dollars or less aggregated in a calendar year. No continuing
association that is recognized by a state or local committee of a
political party as an auxiliary of the party and that makes a
contribution from funds derived solely from regular dues paid by
members of the auxiliary shall be required to list the name or address
of any members who paid those dues.
Contributions that are other income shall be itemized separately from
all other contributions. The information required under division (B)(4)
of this section shall be provided for all other income itemized. As
used in this paragraph, "other income" means a loan, investment income,
or interest income.
(f) In the case of a campaign committee of a state elected officer, if
a person doing business with the state elected officer in the officer's
official capacity makes a contribution to the campaign committee of
that officer, the information required under division (B)(4) of this
section in regard to that contribution, which shall be filed together
with and considered a part of the committee's statement of
contributions as required under division (A) of this section but shall
be filed on a separate form provided by the secretary of state. As used
in this division:
(i) "State elected officer" has the same meaning as in section 3517.092
[3517.09.2] of the Revised Code.
(ii) "Person doing business" means a person or an officer of an entity
who enters into one or more contracts with a state elected officer or
anyone authorized to enter into contracts on behalf of that officer to
receive payments for goods or services, if the payments total, in the
aggregate, more than five thousand dollars during a calendar year.
(5) A statement
of expenditures which shall include the following information:
(a) The month, day, and year of the expenditure;
(b) The full name and address of each person, political party, campaign
committee, legislative campaign fund, political action committee, or
political contributing entity to whom the expenditure was made and the
registration number assigned to the political action committee under
division (D)(1) of this section;
(c) The object or purpose for which the expenditure was made;
(d) The amount of each expenditure.
(C)
(1) The
statement of contributions and expenditures shall be signed by the
person completing the form. If a statement of contributions and
expenditures is filed by electronic means of transmission pursuant to
this section or section 3517.106 [3517.10.6] of the Revised Code, the
electronic signature of the person who executes the statement and
transmits the statement by electronic means of transmission, as
provided in division (H) of section 3517.106 [3517.10.6] of the Revised
Code, shall be attached to or associated with the statement and shall
be binding on all persons and for all purposes under the campaign
finance reporting law as if the signature had been handwritten in ink
on a printed form.
(2) The person
filing the statement, under penalty of election falsification, shall
include with it a list of each anonymous contribution, the
circumstances under which it was received, and the reason it cannot be
attributed to a specific donor.
(3) Each
statement of a campaign committee of a candidate who holds public
office shall contain a designation of each contributor who is an
employee in any unit or department under the candidate's direct
supervision and control. In a space provided in the statement, the
person filing the statement shall affirm that each such contribution
was voluntarily made.
(4) A campaign
committee that did not receive contributions or make expenditures in
connection with the nomination or election of its candidate shall file
a statement to that effect, on a form prescribed under this section and
made under penalty of election falsification, on the date required in
division (A)(2) of this section.
(5) The campaign
committee of any person who attempts to become a candidate and who, for
any reason, does not become certified in accordance with Title XXXV of
the Revised Code for placement on the official ballot of a primary,
general, or special election to be held in this state, and who, at any
time prior to or after an election, receives contributions or makes
expenditures, or has given consent for another to receive contributions
or make expenditures, for the purpose of bringing about the person's
nomination or election to public office, shall file the statement or
statements prescribed by this section and a termination statement, if
applicable. Division (C)(5) of this section does not apply to any
person with respect to an election to the offices of member of a county
or state central committee, presidential elector, or delegate to a
national convention or conference of a political party.
(6)
(a) The statements required to be filed under this section shall
specify the balance in the hands of the campaign committee, political
action committee, legislative campaign fund, political party, or
political contributing entity and the disposition intended to be made
of that balance.
(b) The secretary of state shall prescribe the form for all statements
required to be filed under this section and shall furnish the forms to
the boards of elections in the several counties. The boards of
elections shall supply printed copies of those forms without charge.
The secretary of state shall prescribe the appropriate methodology,
protocol, and data file structure for statements required or permitted
to be filed by electronic means of transmission under division (A) of
this section, divisions (E), (F), and (G) of section 3517.106
[3517.10.6], division (D) of section 3517.1011 [3517.10.11], division
(B) of section 3517.1012 [3517.10.12], and division (C) of section
3517.1013 [3517.10.13] of the Revised Code. Subject to division (A) of
this section, divisions (E), (F), and (G) of section 3517.106
[3517.10.6], division (D) of section 3517.1011 [3517.10.11], division
(B) of section 3517.1012 [3517.10.12], and division (C) of section
3517.1013 [3517.10.13] of the Revised Code, the statements required to
be stored on computer by the secretary of state under division (B) of
section 3517.106 [3517.10.6] of the Revised Code shall be filed in
whatever format the secretary of state considers necessary to enable
the secretary of state to store the information contained in the
statements on computer. Any such format shall be of a type and nature
that is readily available to whoever is required to file the statements
in that format.
(c) The secretary of state shall assess the need for training regarding
the filing of campaign finance statements by electronic means of
transmission and regarding associated technologies for candidates,
campaign committees, political action committees, legislative campaign
funds, political parties, or political contributing entities, for
individuals, partnerships, or other entities, or for persons making
disbursements to pay the direct costs of producing or airing
electioneering communications, required or permitted to file statements
by electronic means of transmission under this section or section
3517.105 [3517.10.5], 3517.106 [3517.10.6], 3517.1011 [3517.10.11],
3517.1012 [3517.10.12], or 3517.1013 [3517.10.13] of the Revised Code.
If, in the opinion of the secretary of state, training in these areas
is necessary, the secretary of state shall arrange for the provision of
voluntary training programs for candidates, campaign committees,
political action committees, legislative campaign funds, political
parties, or political contributing entities, for individuals,
partnerships, and other entities, or for persons making disbursements
to pay the direct costs of producing or airing electioneering
communications, as appropriate.
(7) Each monthly
statement and each two-business-day statement required by division (A)
of this section shall contain the information required by divisions
(B)(1) to (4), (C)(2), and, if appropriate, (C)(3) of this section.
Each statement shall be signed as required by division (C)(1) of this
section.
(D)
(1) Prior
to receiving a contribution or making an expenditure, every campaign
committee, political action committee, legislative campaign fund,
political party, or political contributing entity shall appoint a
treasurer and shall file, on a form prescribed by the secretary of
state, a designation of that appointment, including the full name and
address of the treasurer and of the campaign committee, political
action committee, legislative campaign fund, political party, or
political contributing entity. That designation shall be filed with the
official with whom the campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity is required to file statements under section 3517.11 of the
Revised Code. The name of a campaign committee shall include at least
the last name of the campaign committee's candidate. The secretary of
state shall assign a registration number to each political action
committee that files a designation of the appointment of a treasurer
under this division if the political action committee is required by
division (A)(1) of section 3517.11 of the Revised Code to file the
statements prescribed by this section with the secretary of state.
(2) The
treasurer appointed under division (D)(1) of this section shall keep a
strict account of all contributions, from whom received and the purpose
for which they were disbursed.
(3)
(a) Except as otherwise provided in section 3517.108 [3517.10.8] of the
Revised Code, a campaign committee shall deposit all monetary
contributions received by the committee into an account separate from a
personal or business account of the candidate or campaign committee.
(b) A political action committee shall deposit all monetary
contributions received by the committee into an account separate from
all other funds.
(c) A state or county political party may establish a state candidate
fund that is separate from an account that contains the public moneys
received from the Ohio political party fund under section 3517.17 of
the Revised Code and from all other funds. A state or county political
party may deposit into its state candidate fund any amounts of monetary
contributions that are made to or accepted by the political party
subject to the applicable limitations, if any, prescribed in section
3517.102 [3517.10.2] of the Revised Code. A state or county political
party shall deposit all other monetary contributions received by the
party into one or more accounts that are separate from its state
candidate fund and from its account that contains the public moneys
received from the Ohio political party fund under section 3517.17 of
the Revised Code.
(d) Each state political party shall have only one legislative campaign
fund for each house of the general assembly. Each such fund shall be
separate from any other funds or accounts of that state party. A
legislative campaign fund is authorized to receive contributions and
make expenditures for the primary purpose of furthering the election of
candidates who are members of that political party to the house of the
general assembly with which that legislative campaign fund is
associated. Each legislative campaign fund shall be administered and
controlled in a manner designated by the caucus. As used in this
division, "caucus" has the same meaning as in section 3517.01 of the
Revised Code and includes, as an ex officio member, the chairperson of
the state political party with which the caucus is associated or that
chairperson's designee.
(4) Every
expenditure in excess of twenty-five dollars shall be vouched for by a
receipted bill, stating the purpose of the expenditure, that shall be
filed with the statement of expenditures. A canceled check with a
notation of the purpose of the expenditure is a receipted bill for
purposes of division (D)(4) of this section.
(5) The
secretary of state or the board of elections, as the case may be, shall
issue a receipt for each statement filed under this section and shall
preserve a copy of the receipt for a period of at least six years. All
statements filed under this section shall be open to public inspection
in the office where they are filed and shall be carefully preserved for
a period of at least six years after the year in which they are filed.
(6) The
secretary of state, by rule adopted pursuant to section 3517.23 of the
Revised Code, shall prescribe both of the following:
(a) The manner of immediately acknowledging, with date and time
received, and preserving the receipt of statements that are transmitted
by electronic means of transmission to the secretary of state pursuant
to this section or section 3517.106 [3517.10.6], 3517.1011
[3517.10.11], 3517.1012 [3517.10.12], or 3517.1013 [3517.10.13] of the
Revised Code;
(b) The manner of preserving the contribution and expenditure,
contribution and disbursement, deposit and disbursement, or gift and
disbursement information in the statements described in division
(D)(6)(a) of this section. The secretary of state shall preserve the
contribution and expenditure, contribution and disbursement, deposit
and disbursement, or gift and disbursement information in those
statements for at least ten years after the year in which they are
filed by electronic means of transmission.
(7) The
secretary of state, pursuant to division (I) of section 3517.106
[3517.10.6] of the Revised Code, shall make available online to the
public through the internet the contribution and expenditure,
contribution and disbursement, deposit and disbursement, or gift and
disbursement information in all statements, all addenda, amendments, or
other corrections to statements, and all amended statements filed with
the secretary of state by electronic or other means of transmission
under this section, division (B)(2)(b) or (C)(2)(b) of section
3517.105, or section 3517.106 [3517.10.6], 3517.1011 [3517.10.11],
3517.1012 [3517.10.12], 3517.1013 [3517.10.13], or 3517.11 of the
Revised Code. The secretary of state may remove the information from
the internet after a reasonable period of time.
(E)
(1) Any
person, political party, campaign committee, legislative campaign fund,
political action committee, or political contributing entity that makes
a contribution in connection with the nomination or election of any
candidate or in connection with any ballot issue or question at any
election held or to be held in this state shall provide its full name
and address to the recipient of the contribution at the time the
contribution is made. The political action committee also shall provide
the registration number assigned to the committee under division (D)(1)
of this section to the recipient of the contribution at the time the
contribution is made.
(2) Any
individual who makes a contribution that exceeds one hundred dollars to
a political action committee, political contributing entity,
legislative campaign fund, or political party or to a campaign
committee of a statewide candidate or candidate for the office of
member of the general assembly shall provide the name of the
individual's current employer, if any, or, if the individual is
self-employed, the individual's occupation and the name of the
individual's business, if any, to the recipient of the contribution at
the time the contribution is made. Sections 3599.39 and 3599.40 of the
Revised Code do not apply to division (E)(2) of this section.
(3) If a
campaign committee shows that it has exercised its best efforts to
obtain, maintain, and submit the information required under divisions
(B)(4)(b)(ii) and (iii) of this section, that committee is considered
to have met the requirements of those divisions. A campaign committee
shall not be considered to have exercised its best efforts unless, in
connection with written solicitations, it regularly includes a written
request for the information required under division (B)(4)(b)(ii) of
this section from the contributor or the information required under
division (B)(4)(b)(iii) of this section from whoever transmits the
contribution.
(4) Any check
that a political action committee uses to make a contribution or an
expenditure shall contain the full name and address of the committee
and the registration number assigned to the committee under division
(D)(1) of this section.
(F) As used in this section:
(1)
(a) Except as otherwise provided in division (F)(1) of this section,
"address" means all of the following if they exist: apartment number,
street, road, or highway name and number, rural delivery route number,
city or village, state, and zip code as used in a person's post-office
address, but not post-office box.
(b) Except as otherwise provided in division (F)(1) of this section, if
an address is required in this section, a post-office box and office,
room, or suite number may be included in addition to, but not in lieu
of, an apartment, street, road, or highway name and number.
(c) If an address is required in this section, a campaign committee,
political action committee, legislative campaign fund, political party,
or political contributing entity may use the business or residence
address of its treasurer or deputy treasurer. The post-office box
number of the campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity may be used in addition to that address.
(d) For the sole purpose of a campaign committee's reporting of
contributions on a statement of contributions received under division
(B)(4) of this section, "address" has one of the following meanings at
the option of the campaign committee:
(i) The same meaning as in division (F)(1)(a) of this section;
(ii) All of the following, if they exist: the contributor's post-office
box number and city or village, state, and zip code as used in the
contributor's post-office address.
(e) As used with regard to the reporting under this section of any
expenditure, "address" means all of the following if they exist:
apartment number, street, road, or highway name and number, rural
delivery route number, city or village, state, and zip code as used in
a person's post-office address, or post-office box. If an address
concerning any expenditure is required in this section, a campaign
committee, political action committee, legislative campaign fund,
political party, or political contributing entity may use the business
or residence address of its treasurer or deputy treasurer or its
post-office box number.
(2) "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, attorney general, member
of the state board of education, chief justice of the supreme court, or
justice of the supreme court.
(G) An independent expenditure shall be
reported whenever and in the same manner that an expenditure is
required to be reported under this section and shall be reported
pursuant to division (B)(2)(a) or (C)(2)(a) of section 3517.105
[3517.10.5] of the Revised Code.
(H)
(1) Except
as otherwise provided in division (H)(2) of this section, if, during
the combined pre-election and postelection reporting periods for an
election, a campaign committee has received contributions of five
hundred dollars or less and has made expenditures in the total amount
of five hundred dollars or less, it may file a statement to that
effect, under penalty of election falsification, in lieu of the
statement required by division (A)(2) of this section. The statement
shall indicate the total amount of contributions received and the total
amount of expenditures made during those combined reporting periods.
(2) In the case
of a successful candidate at a primary election, if either the total
contributions received by or the total expenditures made by the
candidate's campaign committee during the preprimary, postprimary,
pregeneral, and postgeneral election periods combined equal more than
five hundred dollars, the campaign committee may file the statement
under division (H)(1) of this section only for the primary election.
The first statement that the campaign committee files in regard to the
general election shall reflect all contributions received and all
expenditures made during the preprimary and postprimary election
periods.
(3) Divisions
(H)(1) and (2) of this section do not apply if a campaign committee
receives contributions or makes expenditures prior to the first day of
January of the year of the election at which the candidate seeks
nomination or election to office or if the campaign committee does not
file a termination statement with its postprimary election statement in
the case of an unsuccessful primary election candidate or with its
postgeneral election statement in the case of other candidates.
(I) In the case of a contribution made
by a partner of a partnership or an owner or a member of another
unincorporated business from any funds of the partnership or other
unincorporated business, all of the following apply:
(1) The
recipient of the contribution shall report the contribution by listing
both the partnership or other unincorporated business and the name of
the partner, owner, or member making the contribution.
(2) For purposes
of section 3517.102 [3517.10.2] of the Revised Code, the contribution
shall be considered to have been made by the partner, owner, or member
reported under division (I)(1) of this section.
(3) No
contribution from a partner of a partnership or an owner or a member of
another unincorporated business shall be accepted from any funds of the
partnership or other unincorporated business unless the recipient
reports the contribution under division (I)(1) of this section.
(4) No
partnership or other unincorporated business shall make a contribution
or contributions solely in the name of the partnership or other
unincorporated business.
(5) As used in
division (I) of this section, "partnership or other unincorporated
business" includes, but is not limited to, a cooperative, a sole
proprietorship, a general partnership, a limited partnership, a limited
partnership association, a limited liability partnership, and a limited
liability company.
(J) A candidate shall have only one
campaign committee at any given time for all of the offices for which
the person is a candidate or holds office.
(K)
(1) In
addition to filing a designation of appointment of a treasurer under
division (D)(1) of this section, the campaign committee of any
candidate for an elected municipal office that pays an annual amount of
compensation of five thousand dollars or less, the campaign committee
of any candidate for member of a board of education except member of
the state board of education, or the campaign committee of any
candidate for township trustee or township fiscal officer may sign,
under penalty of election falsification, a certificate attesting that
the committee will not accept contributions during an election period
that exceed in the aggregate two thousand dollars from all contributors
and one hundred dollars from any one individual, and that the campaign
committee will not make expenditures during an election period that
exceed in the aggregate two thousand dollars.
The certificate
shall be on a form prescribed by the secretary of state and shall be
filed not later than ten days after the candidate files a declaration
of candidacy and petition, a nominating petition, or a declaration of
intent to be a write-in candidate.
(2) Except as
otherwise provided in division (K)(3) of this section, a campaign
committee that files a certificate under division (K)(1) of this
section is not required to file the statements required by division (A)
of this section.
(3) If, after
filing a certificate under division (K)(1) of this section, a campaign
committee exceeds any of the limitations described in that division
during an election period, the certificate is void and thereafter the
campaign committee shall file the statements required by division (A)
of this section. If the campaign committee has not previously filed a
statement, then on the first statement the campaign committee is
required to file under division (A) of this section after the
committee's certificate is void, the committee shall report all
contributions received and expenditures made from the time the
candidate filed the candidate's declaration of candidacy and petition,
nominating petition, or declaration of intent to be a write-in
candidate.
(4) As used in
division (K) of this section, "election period" means the period of
time beginning on the day a person files a declaration of candidacy and
petition, nominating petition, or declaration of intent to be a
write-in candidate through the day of the election at which the person
seeks nomination to office if the person is not elected to office, or,
if the candidate was nominated in a primary election, the day of the
election at which the candidate seeks office.
(L) A political contributing entity that
receives contributions from the dues, membership fees, or other
assessments of its members or from its officers, shareholders, and
employees may report the aggregate amount of contributions received
from those contributors and the number of individuals making those
contributions, for each filing period under divisions (A)(1), (2), (3),
and (4) of this section, rather than reporting information as required
under division (B)(4) of this section, including, when applicable, the
name of the current employer, if any, of a contributor whose
contribution exceeds one hundred dollars or, if such a contributor is
self-employed, the contributor's occupation and the name of the
contributor's business, if any. Division (B)(4) of this section applies
to a political contributing entity with regard to contributions it
receives from all other contributors.
HISTORY: 135 v S 46 (Eff 7-23-74); 136 v H 124 (Eff 9-19-75); 138 v H
1062 (Eff 3-23-81); 141 v H 639 (Eff 7-24-86); 141 v H 300 (Eff
9-17-86); 141 v H 524 (Eff 3-17-87); 141 v H 428 (Eff 12-23-86); 142 v
H 708 (Eff 4-19-88); 146 v S 8 (Eff 8-23-95); 146 v H 99 (Eff 8-23-95);
147 v S 116 (Eff 12-9-97); 147 v S 134 (Eff 7-13-98); 148 v H 119 (Eff
12-22-99); 149 v H 445. Eff 12-23-2002; 150 v H 204, § 1, eff.
11-5-04; 150 v H 1, § 1, eff. 3-31-05; 151 v S 115, § 1, eff.
4-26-05; 151 v S 107, § 1, eff. 12-20-05.
[§ 3517.10.1] § 3517.101. Gifts to party to pay for office facilities; party to file statement.
(A) As used in this section:
(1) "Gift" means
a gift, subscription, loan, advance, or deposit of money or anything of
value, given to a state or county political party, that is specifically
designated and used to defray any cost incurred on or after the
effective date of this section for the construction, renovation, or
purchase of any office facility that is not used solely for the purpose
of directly influencing the election of any individual candidate in any
particular election for any office.
(2) "Address"
has the meaning given in division (F) of section 3517.10 of the Revised
Code.
(3) "Political party" means only a major political party.
(B) Any person, including a corporation
engaged in business in this state but not including a public utility,
may make a gift to a state or county political party if the gift is
specifically designated and used to defray any cost incurred on or
after the effective date of this section for the construction,
renovation, or purchase of any office facility that is not used solely
for the purpose of directly influencing the election of any individual
candidate in any particular election for any office and, if it is a
gift of money from a corporation engaged in business in this state, if
the gift does not exceed ten per cent of the cost of the construction,
renovation, or purchase. Such gift shall not be considered a
contribution or expenditure prohibited by any section of the Revised
Code.
(C)
(1) Each
state or county political party that receives a gift pursuant to this
section shall file on a form prescribed by the secretary of state, a
full, true, and itemized statement describing the gift received and how
it was disbursed. The statement shall be made under penalty of election
falsification and shall be filed not later than four p.m. of the last
day of January of every year to reflect gifts received and disbursed
during the immediately preceding calendar year.
(2) Each
statement required under division (C)(1) of this section shall contain
all of the following information:
(a) The full name and address of the state or county political party
filing the statement, including its treasurer;
(b) A description of each gift received, which shall include:
(i) The month, day, and year on which the gift was received;
(ii) The full name and address of each person from whom or from which
the gift was received;
(iii) The nature of the gift, if other than money;
(iv) The value of the gift in dollars and cents.
Each gift received shall be itemized separately regardless of its
amount or value.
(c) An itemization of how each gift was disbursed;
(d) The total value of gifts received and gifts disbursed during each
reporting period;
(e) The total cost of the construction, renovation, or purchase of any
office facility for which a gift is used.
(D)
(1) All
monetary gifts and all income from the lease or rental of an office
facility for which a gift is used shall be deposited in an account
separate from other funds and maintained in that separate account.
Except as provided in division (D)(2) of this section, moneys in the
account shall be used only for the construction, renovation, or
purchase of an office facility as described in division (B) of this
section.
(2) Any moneys
remaining in an account under division (D)(1) of this section after the
construction, renovation, or purchase of an office facility shall be
used only for the maintenance and repair of the facility or for the
construction, renovation, or purchase of another office facility as
described in division (B) of this section and shall not be used for
operating costs of the facility or for any other purpose.
(3) When a state
or county political party sells an office facility that was
constructed, renovated, or purchased in whole or in part from monetary
gifts, the party shall deposit in the account under division (D)(1) of
this section an amount that is the same percentage of the total
proceeds of the sale as the monetary gifts used in the construction,
renovation, or purchase of the facility were of the total cost of that
construction, renovation, or purchase. Proceeds deposited in the
account shall be used only for the construction, renovation, or
purchase of another office facility as described in division (B) of
this section.
(E) A state political party shall file a
statement required under this section with the secretary of state and a
county political party shall file a statement required under this
section with the board of elections of the county in which the party is
located.
(F)
(1) No
state or county political party shall fail to file a statement required
to be filed under this section.
(2) No state or
county political party shall knowingly fail to report, or shall
knowingly misrepresent, a gift required to be reported on a statement
required to be filed under this section.
(G) No state or county political party
shall expend or use a gift for a purpose other than to defray any cost
incurred on or after the effective date of this section for the
construction, renovation, or purchase of an office facility as
described in division (B) of this section or for the maintenance and
repair of such a facility as provided in division (D)(2) of this
section.
(H) Prior to receiving any gift under
this section, every political party shall appoint a treasurer and file,
on a form prescribed by the secretary of state, a designation of the
appointment, including the full name and address of the political
party. The designation shall be filed with the official with whom the
political party is required to file statements under division (E) of
this section. The treasurer shall keep a strict account of all gifts
required to be reported under this section. The secretary of state or
board of elections, as the case may be, shall, if requested, issue a
receipt for each statement filed under this section and preserve a
record of the filing for at least six years. All such statements shall
be open to public inspection in the office where they are filed, and
shall be carefully preserved for a period of at least six years after
the year in which they are filed.
HISTORY: 143 v S 6. Eff 10-30-89.
——————————
CANDIDATES FOR STATEWIDE OFFICE, GENERAL ASSEMBLY
[§ 3517.10.2] § 3517.102. Restrictions on contributions to
candidates for General Assembly or statewide office and on transfers of
funds between certain political organizations.
(A) Except as otherwise provided in
section 3517.103 [3517.10.3] of the Revised Code, as used in this
section and sections 3517.103 [3517.10.3] and 3517.104 [3517.10.4] of
the Revised Code:
(1) "Candidate"
has the same meaning as in section 3517.01 of the Revised Code but
includes only candidates for the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of state,
attorney general, member of the state board of education, member of the
general assembly, chief justice of the supreme court, and justice of
the supreme court.
(2) "Statewide
candidate" or "any one 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,
attorney general, member of the state board of education, chief justice
of the supreme court, or justice of the supreme court.
(3) "Senate
candidate" means a candidate for the office of state senator.
(4) "House
candidate" means a candidate for the office of state representative.
(5)
(a) "Primary election period" for a candidate begins on the beginning
date of the candidate's pre-filing period specified in division (A)(9)
of section 3517.109 [3517.10.9] of the Revised Code and ends on the day
of the primary election.
(b) In regard to any candidate, the "general election period" begins on
the day after the primary election immediately preceding the general
election at which the candidate seeks an office specified in division
(A)(1) of this section and ends on the thirty-first day of December
following that general election.
(6) "State
candidate fund" means the state candidate fund established by a state
or county political party under division (D)(3)(c) of section 3517.10
of the Revised Code.
(7) "Postgeneral
election statement" means the statement filed under division (A)(2) of
section 3517.10 of the Revised Code by the campaign committee of a
candidate after the general election in which the candidate ran for
office or filed by legislative campaign fund after the general election
in an even-numbered year.
(8)
"Contribution" means any contribution that is required to be reported
in the statement of contributions under section 3517.10 of the Revised
Code.
(9)
(a) Except as otherwise provided in division (A)(9)(b) of this section
and in division (F) of section 3517.103 [3517.10.3] and division
(B)(3)(b) of section 3517.1010 [3517.10.10] of the Revised Code,
"designated state campaign committee" means:
(i) In the case of contributions to or from a state political party, a
campaign committee of a statewide candidate, statewide officeholder,
senate candidate, house candidate, or member of the general assembly.
(ii) In the case of contributions to or from a county political party,
a campaign committee of a senate candidate or house candidate whose
candidacy is to be submitted to some or all of the electors in that
county, or member of the general assembly whose district contains all
or part of that county.
(iii) In the case of contributions to or from a legislative campaign
fund, a campaign committee of any of the following:
(I) A senate or house candidate who, if elected, will be a member of
the same party that established the legislative campaign fund and the
same house with which the legislative campaign fund is associated;
(II) A state senator or state representative who is a member of the
same party that established the legislative campaign fund and the same
house with which the legislative campaign fund is associated.
(b) A campaign committee is no longer a "designated state campaign
committee" after the campaign committee's candidate changes the
designation of treasurer required to be filed under division (D)(1) of
section 3517.10 of the Revised Code to indicate that the person intends
to be a candidate for, or becomes a candidate for nomination or
election to, any office that, if elected, would not qualify that
candidate's campaign committee as a "designated state campaign
committee" under division (A)(9)(a) of this section.
(B)
(1)
(a) No individual who is seven years of age or older shall make a
contribution or contributions aggregating more than:
(i) Ten thousand dollars to the campaign committee of any one statewide
candidate in a primary election period or in a general election period;
(ii) Ten thousand dollars to the campaign committee of any one senate
candidate in a primary election period or in a general election period;
(iii) Ten thousand dollars to the campaign committee of any one house
candidate in a primary election period or in a general election period;
(iv) Ten thousand dollars to a county political party of the county in
which the individual's designated Ohio residence is located for the
party's state candidate fund in a calendar year;
(v) Fifteen thousand dollars to any one legislative campaign fund in a
calendar year;
(vi) Thirty thousand dollars to any one state political party for the
party's state candidate fund in a calendar year;
(vii) Ten thousand dollars to any one political action committee in a
calendar year;
(viii) Ten thousand dollars to any one political contributing entity in
a calendar year.
(b) No individual shall make a contribution or contributions to the
state candidate fund of a county political party of any county other
than the county in which the individual's designated Ohio residence is
located.
(c) No individual who is under seven years of age shall make any
contribution.
(2)
(a) Subject to division (D)(1) of this section, no political action
committee shall make a contribution or contributions aggregating more
than:
(i) Ten thousand dollars to the campaign committee of any one statewide
candidate in a primary election period or in a general election period;
(ii) Ten thousand dollars to the campaign committee of any one senate
candidate in a primary election period or in a general election period;
(iii) Ten thousand dollars to the campaign committee of any one house
candidate in a primary election period or in a general election period;
(iv) Fifteen thousand dollars to any one legislative campaign fund in a
calendar year;
(v) Thirty thousand dollars to any one state political party for the
party's state candidate fund in a calendar year;
(vi) Ten thousand dollars to another political action committee or to a
political contributing entity in a calendar year. This division does
not apply to a political action committee that makes a contribution to
a political action committee or a political contributing entity
affiliated with it. For purposes of this division, a political action
committee is affiliated with another political action committee or with
a political contributing entity if they are both established, financed,
maintained, or controlled by, or if they are, the same corporation,
organization, labor organization, continuing association, or other
person, including any parent, subsidiary, division, or department of
that corporation, organization, labor organization, continuing
association, or other person.
(b) No political action committee shall make a contribution or
contributions to a county political party for the party's state
candidate fund.
(3) No campaign
committee shall make a contribution or contributions aggregating more
than:
(a) Ten thousand dollars to the campaign committee of any one statewide
candidate in a primary election period or in a general election period;
(b) Ten thousand dollars to the campaign committee of any one senate
candidate in a primary election period or in a general election period;
(c) Ten thousand dollars to the campaign committee of any one house
candidate in a primary election period or in a general election period;
(d) Ten thousand dollars to any one political action committee in a
calendar year;
(e) Ten thousand dollars to any one political contributing entity in a
calendar year.
(4)
(a) Subject to division (D)(3) of this section, no political party
shall make a contribution or contributions aggregating more than ten
thousand dollars to any one political action committee or to any one
political contributing entity in a calendar year.
(b) No county political party shall make a contribution or
contributions to another county political party.
(5)
(a) Subject to division (B)(5)(b) of this section, no campaign
committee, other than a designated state campaign committee, shall make
a contribution or contributions aggregating in a calendar year more
than:
(i) Thirty thousand dollars to any one state political party for the
party's state candidate fund;
(ii) Fifteen thousand dollars to any one legislative campaign fund;
(iii) Ten thousand dollars to any one county political party for the
party's state candidate fund.
(b) No campaign committee shall make a contribution or contributions to
a county political party for the party's state candidate fund unless
one of the following applies:
(i) The campaign committee's candidate will appear on a ballot in that
county.
(ii) The campaign committee's candidate is the holder of an elected
public office that represents all or part of the population of that
county at the time the contribution is made.
(6)
(a) No state candidate fund of a county political party shall make a
contribution or contributions, except a contribution or contributions
to a designated state campaign committee, in a primary election period
or a general election period, aggregating more than:
(i) Two hundred fifty thousand dollars to the campaign committee of any
one statewide candidate;
(ii) Ten thousand dollars to the campaign committee of any one senate
candidate;
(iii) Ten thousand dollars to the campaign committee of any one house
candidate.
(b)
(i) No state candidate fund of a state or county political party shall
make a transfer or a contribution or transfers or contributions of cash
or cash equivalents to a designated state campaign committee in a
primary election period or in a general election period aggregating
more than:
(I) Five hundred thousand dollars to the campaign committee of any one
statewide candidate;
(II) One hundred thousand dollars to the campaign committee of any one
senate candidate;
(III) Fifty thousand dollars to the campaign committee of any one house
candidate.
(ii) No legislative campaign fund shall make a transfer or a
contribution or transfers or contributions of cash or cash equivalents
to a designated state campaign committee aggregating more than:
(I) Fifty thousand dollars in a primary election period or one hundred
thousand dollars in a general election period to the campaign committee
of any one senate candidate;
(II) Twenty-five thousand dollars in a primary election period or fifty
thousand dollars in a general election period to the campaign committee
of any one house candidate.
(iii) As used in divisions (B)(6)(b) and (C)(6) of this section,
"transfer or contribution of cash or cash equivalents" does not include
any in-kind contributions.
(c) A county political party that has no state candidate fund and that
is located in a county having a population of less than one hundred
fifty thousand may make one or more contributions from other accounts
to any one statewide candidate or to any one designated state campaign
committee that do not exceed, in the aggregate, two thousand five
hundred dollars in any primary election period or general election
period. As used in this division, "other accounts" does not include an
account that contains the public moneys received from the Ohio
political party fund under section 3517.17 of the Revised Code.
(d) No legislative campaign fund shall make a contribution, other than
to a designated state campaign committee or to the state candidate fund
of a political party.
(7)
(a) Subject to division (D)(1) of this section, no political
contributing entity shall make a contribution or contributions
aggregating more than:
(i) Ten thousand dollars to the campaign committee of any one statewide
candidate in a primary election period or in a general election period;
(ii) Ten thousand dollars to the campaign committee of any one senate
candidate in a primary election period or in a general election period;
(iii) Ten thousand dollars to the campaign committee of any one house
candidate in a primary election period or in a general election period;
(iv) Fifteen thousand dollars to any one legislative campaign fund in a
calendar year;
(v) Thirty thousand dollars to any one state political party for the
party's state candidate fund in a calendar year;
(vi) Ten thousand dollars to another political contributing entity or
to a political action committee in a calendar year. This division does
not apply to a political contributing entity that makes a contribution
to a political contributing entity or a political action committee
affiliated with it. For purposes of this division, a political
contributing entity is affiliated with another political contributing
entity or with a political action committee if they are both
established, financed, maintained, or controlled by, or if they are,
the same corporation, organization, labor organization, continuing
association, or other person, including any parent, subsidiary,
division, or department of that corporation, organization, labor
organization, continuing association, or other person.
(b) No political contributing entity shall make a contribution or
contributions to a county political party for the party's state
candidate fund.
(C)
(1)
(a) Subject to division (D)(1) of this section, no campaign
committee of a statewide candidate shall do any of the following:
(i) Knowingly accept a contribution or contributions from any
individual who is under seven years of age;
(ii) Accept a contribution or contributions aggregating more than ten
thousand dollars from any one individual who is seven years of age or
older, from any one political action committee, from any one political
contributing entity, or from any one other campaign committee in a
primary election period or in a general election period;
(iii) Accept a contribution or contributions aggregating more than two
hundred fifty thousand dollars from any one or combination of state
candidate funds of county political parties in a primary election
period or in a general election period.
(b) No campaign committee of a statewide candidate shall accept a
contribution or contributions aggregating more than two thousand five
hundred dollars in a primary election period or in a general election
period from a county political party that has no state candidate fund
and that is located in a county having a population of less than one
hundred fifty thousand.
(2)
(a) Subject to division (D)(1) of this section and except for a
designated state campaign committee, no campaign committee of a senate
candidate shall do either of the following:
(i) Knowingly accept a contribution or contributions from any
individual who is under seven years of age;
(ii) Accept a contribution or contributions aggregating more than ten
thousand dollars from any one individual who is seven years of age or
older, from any one political action committee, from any one political
contributing entity, from any one state candidate fund of a county
political party, or from any one other campaign committee in a primary
election period or in a general election period.
(b) No campaign committee of a senate candidate shall accept a
contribution or contributions aggregating more than two thousand five
hundred dollars in a primary election period or in a general election
period from a county political party that has no state candidate fund
and that is located in a county having a population of less than one
hundred fifty thousand.
(3)
(a) Subject to division (D)(1) of this section and except for a
designated state campaign committee, no campaign committee of a house
candidate shall do either of the following:
(i) Knowingly accept a contribution or contributions from any
individual who is under seven years of age;
(ii) Accept a contribution or contributions aggregating more than ten
thousand dollars from any one individual who is seven years of age or
older, from any one political action committee, from any one political
contributing entity, from any one state candidate fund of a county
political party, or from any one other campaign committee in a primary
election period or in a general election period.
(b) No campaign committee of a house candidate shall accept a
contribution or contributions aggregating more than two thousand five
hundred dollars in a primary election period or in a general election
period from a county political party that has no state candidate fund
and that is located in a county having a population of less than one
hundred fifty thousand.
(4)
(a)
(i) Subject to division (C)(4)(a)(ii) of this section and except for a
designated state campaign committee, no county political party shall
knowingly accept a contribution or contributions from any individual
who is under seven years of age, or accept a contribution or
contributions for the party's state candidate fund aggregating more
than ten thousand dollars from any one individual whose designated Ohio
residence is located within that county and who is seven years of age
or older or from any one campaign committee in a calendar year.
(ii) Subject to division (D)(1) of this section, no county political
party shall accept a contribution or contributions for the party's
state candidate fund from any individual whose designated Ohio
residence is located outside of that county and who is seven years of
age or older, from any campaign committee unless the campaign
committee's candidate will appear on a ballot in that county or unless
the campaign committee's candidate is the holder of an elected public
office that represents all or part of the population of that county at
the time the contribution is accepted, or from any political action
committee or any political contributing entity.
(iii) No county political party shall accept a contribution or
contributions from any other county political party.
(b) Subject to division (D)(1) of this section, no state political
party shall do either of the following:
(i) Knowingly accept a contribution or contributions from any
individual who is under seven years of age;
(ii) Accept a contribution or contributions for the party's state
candidate fund aggregating more than thirty thousand dollars from any
one individual who is seven years of age or older, from any one
political action committee, from any one political contributing entity,
or from any one campaign committee, other than a designated state
campaign committee, in a calendar year.
(5) Subject to
division (D)(1) of this section, no legislative campaign fund shall do
either of the following:
(a) Knowingly accept a contribution or contributions from any
individual who is under seven years of age;
(b) Accept a contribution or contributions aggregating more than
fifteen thousand dollars from any one individual who is seven years of
age or older, from any one political action committee, from any one
political contributing entity, or from any one campaign committee,
other than a designated state campaign committee, in a calendar year.
(6)
(a) No designated state campaign committee shall accept a transfer or
contribution of cash or cash equivalents from a state candidate fund of
a state political party aggregating in a primary election period or a
general election period more than:
(i) Five hundred thousand dollars, in the case of a campaign committee
of a statewide candidate;
(ii) One hundred thousand dollars, in the case of a campaign committee
of a senate candidate;
(iii) Fifty thousand dollars, in the case of a campaign committee of a
house candidate.
(b) No designated state campaign committee shall accept a transfer or
contribution of cash or cash equivalents from a legislative campaign
fund aggregating more than:
(i) Fifty thousand dollars in a primary election period or one hundred
thousand dollars in a general election period, in the case of a
campaign committee of a senate candidate;
(ii) Twenty-five thousand dollars in a primary election period or fifty
thousand dollars in a general election period, in the case of a
campaign committee of a house candidate.
(c) No campaign committee of a candidate for the office of member of
the general assembly, including a designated state campaign committee,
shall accept a transfer or contribution of cash or cash equivalents
from any one or combination of state candidate funds of county
political parties aggregating in a primary election period or a general
election period more than:
(i) One hundred thousand dollars, in the case of a campaign committee
of a senate candidate;
(ii) Fifty thousand dollars, in the case of a campaign committee of a
house candidate.
(7)
(a) Subject to division (D)(3) of this section, no political action
committee and no political contributing entity shall do either of the
following:
(i) Knowingly accept a contribution or contributions from any
individual who is under seven years of age;
(ii) Accept a contribution or contributions aggregating more than ten
thousand dollars from any one individual who is seven years of age or
older, from any one campaign committee, or from any one political party
in a calendar year.
(b) Subject to division (D)(1) of this section, no political action
committee shall accept a contribution or contributions aggregating more
than ten thousand dollars from another political action committee or
from a political contributing entity in a calendar year. Subject to
division (D)(1) of this section, no political contributing entity shall
accept a contribution or contributions aggregating more than ten
thousand dollars from another political contributing entity or from a
political action committee in a calendar year. This division does not
apply to a political action committee or political contributing entity
that accepts a contribution from a political action committee or
political contributing entity affiliated with it. For purposes of this
division, a political action committee is affiliated with another
political action committee or with a political contributing entity if
they are both established, financed, maintained, or controlled by the
same corporation, organization, labor organization, continuing
association, or other person, including any parent, subsidiary,
division, or department of that corporation, organization, labor
organization, continuing association, or other person.
(D)
(1)
(a) For purposes of the limitations prescribed in division (B)(2)
of this section and the limitations prescribed in divisions (C)(1),
(2), (3), (4), (5), and (7)(b) of this section, whichever is
applicable, all contributions made by and all contributions accepted
from political action committees that are established, financed,
maintained, or controlled by, or that are, the same corporation,
organization, labor organization, continuing association, or other
person, including any parent, subsidiary, division, or department of
that corporation, organization, labor organization, continuing
association, or other person, are considered to have been made by or
accepted from a single political action committee.
(b) For purposes of the limitations prescribed in division (B)(7) of
this section and the limitations prescribed in divisions (C)(1), (2),
(3), (4), (5), and (7)(b) of this section, whichever is applicable, all
contributions made by and all contributions accepted from political
contributing entities that are established, financed, maintained, or
controlled by, or that are, the same corporation, organization, labor
organization, continuing association, or other person, including any
parent, subsidiary, division, or department of that corporation,
organization, labor organization, continuing association, or other
person, are considered to have been made by or accepted from a single
political contributing entity.
(2) As used in
divisions (B)(1)(a)(vii), (B)(3)(d), (B)(4)(a), and (C)(7) of this
section, "political action committee" does not include a political
action committee that is organized to support or oppose a ballot issue
or question and that makes no contributions to or expenditures on
behalf of a political party, campaign committee, legislative campaign
fund, political action committee, or political contributing entity. As
used in divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of
this section, "political contributing entity" does not include a
political contributing entity that is organized to support or oppose a
ballot issue or question and that makes no contributions to or
expenditures on behalf of a political party, campaign committee,
legislative campaign fund, political action committee, or political
contributing entity.
(3) For purposes
of the limitations prescribed in divisions (B)(4) and (C)(7)(a) of this
section, all contributions made by and all contributions accepted from
a national political party, a state political party, and a county
political party are considered to have been made by or accepted from a
single political party and shall be combined with each other to
determine whether the limitations have been exceeded.
(E)
(1) If a
legislative campaign fund has kept a total amount of contributions
exceeding one hundred fifty thousand dollars at the close of business
on the seventh day before the postgeneral election statement is
required to be filed under section 3517.10 of the Revised Code, the
legislative campaign fund shall comply with division (E)(2) of this
section.
(2)
(a) Any legislative campaign fund that has kept a total amount of
contributions in excess of the amount specified in division (E)(1) of
this section at the close of business on the seventh day before the
postgeneral election statement is required to be filed under section
3517.10 of the Revised Code shall dispose of the excess amount in the
manner prescribed in division (E)(2)(b)(i), (ii), or (iii) of this
section not later than ninety days after the day the postgeneral
election statement is required to be filed under section 3517.10 of the
Revised Code. Any legislative campaign fund that is required to dispose
of an excess amount of contributions under this division shall file a
statement on the ninetieth day after the postgeneral election statement
is required to be filed under section 3517.10 of the Revised Code
indicating the total amount of contributions the fund has at the close
of business on the seventh day before the postgeneral election
statement is required to be filed under section 3517.10 of the Revised
Code and that the excess contributions were disposed of pursuant to
this division and division (E)(2)(b) of this section. The statement
shall be on a form prescribed by the secretary of state and shall
contain any additional information the secretary of state considers
necessary.
(b) Any legislative campaign fund that is required to dispose of an
excess amount of contributions under division (E)(2) of this section
shall dispose of that excess amount by doing any of the following:
(i) Giving the amount to the treasurer of state for deposit into the
state treasury to the credit of the Ohio elections commission fund
created by division (I) of section 3517.152 [3517.15.2] of the Revised
Code;
(ii) Giving the amount to individuals who made contributions to that
legislative campaign fund as a refund of all or part of their
contributions;
(iii) Giving the amount to a corporation that is exempt from federal
income taxation under subsection 501(a) and described in subsection
501(c) of the Internal Revenue Code.
(F)
(1) No
legislative campaign fund shall fail to file a statement required by
division (E) of this section.
(2) No
legislative campaign fund shall fail to dispose of excess contributions
as required by division (E) of this section.
(G) Nothing in this section shall
affect, be used in determining, or supersede a limitation on campaign
contributions as provided for in the Federal Election Campaign Act.
HISTORY: 146 v S 8 (Eff 3-19-96); 146 v H 99 (Eff 3-19-96); 147 v S 116
(Eff 12-9-97); 147 v S 134 (Eff 7-13-98); 148 v H 119. Eff 12-22-99;
150 v H 1, § 1, eff. 3-31-05; 151 v S 115, § 1, eff. 4-26-05.
[§ 3517.10.3] § 3517.103. Candidate's use of personal funds; opponent's filing of declaration of no limits.
>>
(A) (1) For purposes of this section:
(a) "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, attorney
general, or member of the state board of education.
(b) (i) "Personal funds" means contributions to the campaign committee
of a candidate by the candidate or by the candidate's spouse, parents,
children, sons-in-law, daughters-in-law, brothers, sisters,
grandparents, mother-in-law, father-in-law, brothers-in-law,
sisters-in-law, or grandparents by marriage.
(ii) A loan obtained by, guaranteed by, or for the benefit of a
statewide candidate, senate candidate, or house candidate shall be
considered "personal funds" subject to the provisions of this section
and section 3517.1010 [3517.10.10] of the Revised Code to the extent
that the loan is obtained or guaranteed by the candidate or is for the
benefit of the candidate and is obtained or guaranteed by the
candidate's spouse, parents, children, sons-in-law, daughters-in-law,
brothers, sisters, grandparents, mother-in-law, father-in-law,
brothers-in-law, sisters-in-law, or grandparents by marriage. A loan
that is obtained or guaranteed and that is for the benefit of a
statewide candidate, senate candidate, or house candidate shall not be
considered "personal funds" for the purposes of this section and
section 3517.1010 [3517.10.10] of the Revised Code but shall be
considered to be a "contribution" for the purposes of this chapter if
the loan is obtained or guaranteed by anyone other than the candidate
or the candidate's spouse, parents, children, sons-in-law,
daughters-in-law, brothers, sisters, grandparents, mother-in-law,
father-in-law, brothers-in-law, sisters-in-law, or grandparents by
marriage.
(iii) When a debt or other obligation incurred by a committee or by a
candidate on behalf of the candidate's committee described in division
(C)(1) or (2) of this section is to be paid from personal funds, those
funds are considered to be expended when the debt or obligation is
incurred, regardless of when it is paid.
(2) For purposes of this chapter, a candidate is an "opponent" when the
candidate has indicated on the candidate's most recently filed
designation of treasurer that the candidate seeks the same office at
the same primary or general election as another candidate whose
campaign committee has filed a personal funds notice required by
division (C)(1) or (2) of this section.
(B) (1) Except as otherwise provided in division (B)(2) of this
section, no statewide candidate or candidate for the office of member
of the general assembly shall make an expenditure of personal funds to
influence the results of an election for that candidate's nomination or
election to office unless the personal funds are first deposited into
the campaign fund of that candidate's campaign committee.
(2) A statewide candidate or candidate for the office of member of the
general assembly may make an expenditure of personal funds without
first depositing those funds into the campaign committee's funds as
long as the aggregate total of those expenditures does not exceed five
hundred dollars at any time during an election period. After the
candidate's campaign committee reimburses the candidate for any direct
expenditure of personal funds, the amount that was reimbursed is no
longer included in the aggregate total of expenditures of personal
funds subject to the five-hundred-dollar limit.
(C) (1) If the campaign committee of any statewide candidate has
received or expended or expects to expend more than one hundred
thousand dollars of personal funds during a primary election period or
one hundred fifty thousand dollars of personal funds during a general
election period, the campaign committee shall file a personal funds
notice in the manner provided in division (C)(3) of this section
indicating that the committee has received or expended or expects to
expend more than that amount. For the purpose of this division, a joint
team of candidates for governor and lieutenant governor shall be
considered a single candidate and their personal funds shall be
combined.
(2) If the campaign committee of any senate candidate or house
candidate has received or expended or expects to expend more than
twenty-five thousand dollars of personal funds during a primary
election period or twenty-five thousand dollars of personal funds
during a general election period, the campaign committee shall file a
personal funds notice in the manner provided in division (C)(3) of this
section indicating that the committee has received or expended or
expects to expend more than that amount.
(3) The personal funds notice required in divisions (C)(1) and (2) of
this section and the declaration of no limits required under division
(D)(2) of this section shall be on a form prescribed by the secretary
of state. The personal funds notice required in divisions (C)(1) and
(2) of this section shall be filed not later than the earlier of the
following times:
(a) One hundred twenty days before a primary election, in the case of
personal funds received, expended, or expected to be expended during a
primary election period, or not later than one hundred twenty days
before a general election, in the case of personal funds received,
expended, or expected to be expended during a general election period;
(b) Two business days after the candidate's campaign committee receives
or makes an expenditure of personal funds or the candidate makes an
expenditure of personal funds on behalf of the candidate's campaign
committee during that election period that exceed, in the aggregate,
the amount specified in division (C)(1) or (2) of this section.
The personal funds notice required under divisions (C)(1) and (2) of
this section and the declaration of no limits required under division
(D)(2) of this section shall be filed wherever the campaign committee
files statements of contributions and expenditures under section
3517.11 of the Revised Code. The board of elections shall send to the
secretary of state a copy of any personal funds notice or declaration
of no limits filed by the campaign committee of a senate candidate or
house candidate under division (C)(3) or (D)(2) of this section.
(D) (1) Whenever a campaign committee files a notice under
division (C)(1) or (2) of this section, and the campaign committee of
an opponent files a declaration of no limits pursuant to division
(D)(2) of this section within thirty days of the filing of the personal
funds notice under division (C)(1) or (2) of this section, the
contribution limitations prescribed in section 3517.102 [3517.10.2] of
the Revised Code no longer apply to the campaign committee of the
candidate's opponent.
(2) No campaign committee of a candidate described in division (D)(1)
of this section shall accept any contribution or contributions from a
contributor that exceed the limitations prescribed in section 3517.102
[3517.10.2] of the Revised Code until the committee files a declaration
that the committee will accept contributions that exceed those
limitations. This declaration shall be filed not later than thirty days
after a candidate's opponent has filed a personal funds notice pursuant
to division (C)(1) or (2) of section 3517.103 [3517.10.3] of the
Revised Code, shall be referred to as the "declaration of no limits,"
and shall list all of the following:
(a) The amount of cash on hand in the candidate's campaign fund at the
end of the day immediately preceding the day on which the candidate's
campaign committee files the declaration of no limits;
(b) The value and description of all campaign assets worth five hundred
dollars or more available to the candidate at the end of the day
immediately preceding the day on which the candidate's campaign
committee files the declaration of no limits.
(3) A candidate who was not an opponent of a candidate who filed the
personal funds notice required under division (C)(3) of this section on
the date the personal funds notice was filed may file the declaration
of no limits pursuant to division (D)(2) of this section within thirty
days after becoming an opponent of the candidate who filed the personal
funds notice.
(4) If the candidate whose campaign committee filed a personal funds
notice under division (C)(1) or (2) of this section fails to file a
declaration of candidacy for the office listed on the designation of
treasurer filed under division (D) of section 3517.10 of the Revised
Code or files a declaration of candidacy or nominating petition for
that office and dies or withdraws, both of the following apply to the
campaign committee of that candidate's opponent if the opponent has
filed a declaration of no limits pursuant to division (D) of this
section:
(a) No contribution from a contributor may thereafter be accepted that,
when added to the aggregate total of all contributions received by that
committee from that contributor during the primary election period or
general election period, whichever is applicable, would cause that
committee to exceed the contribution limitations prescribed in section
3517.102 [3517.10.2] of the Revised Code for the applicable election
period.
(b) The statement of primary-day finances or the year-end statement
required to be filed under division (E) of section 3517.1010
[3517.10.10] of the Revised Code shall be filed not later than fourteen
days after the date the candidate's opponent fails to file a
declaration of candidacy or nominating petition by the appropriate
filing deadline, or dies or withdraws. For purposes of calculating
permitted funds under division (A)(4) of section 3517.1010 [3517.10.10]
of the Revised Code, the primary or general election period, whichever
is applicable, shall be considered to have ended on the filing
deadline, in the case of an opponent who fails to file a declaration of
candidacy or nominating petition, or on the date of the opponent's
death or withdrawal. In such an event, the filing of a statement of
primary-day finances or year-end finances and the disposing of any
excess funds as required under division (B) of section 3517.1010
[3517.10.10] of the Revised Code satisfies the candidate's obligation
to file such a statement for that election period.
(E) (1) No campaign committee shall fail to file a personal funds
notice as required under division (C)(1) or (2) of this section.
(2) No campaign committee shall accept any contribution in excess of
the contribution limitations prescribed in section 3517.102 [3517.10.2]
of the Revised Code:
(a) Unless a declaration of no limits has been filed under division (D)(2) of this section;
(b) In violation of division (D)(4) of this section once the candidate
who filed a personal funds notice under division (C)(3) of this section
fails to file a declaration of candidacy or nominating petition or that
candidate dies or withdraws.
(3) No campaign committee that violates division (E)(1) of this section
shall expend any personal funds in excess of the amount specified in
division (C)(1) or (2) of this section, whichever is appropriate to the
committee.
(4) The candidate of any campaign committee that violates division (E)
of this section shall forfeit the candidate's nomination, if the
candidate was nominated, or the office to which the candidate was
elected, if the candidate was elected to office.
(F) (1) Whenever a campaign committee files a notice under
division (C)(1) or (2) of this section or whenever the contribution
limitations prescribed in section 3517.102 [3517.10.2] of the Revised
Code do not apply to a campaign committee under division (D)(1) of this
section, that committee is not a designated state campaign committee
for the purpose of the limitations prescribed in section 3517.102
[3517.10.2] of the Revised Code with regard to contributions made by
that campaign committee to a legislative campaign fund or to a state
candidate fund of a state or county political party.
(2) Division (F)(1) of this section no longer applies to a campaign committee after both of the following occur:
(a) The primary or general election period during which the
contribution limitations prescribed in section 3517.102 [3517.10.2] of
the Revised Code did not apply after being removed pursuant to division
(D) of this section has expired;
(b) When the campaign committee has disposed of all excess funds and
excess aggregate contributions as required under section 3517.1010
[3517.10.10] of the Revised Code.
HISTORY: 146 v S 8 (Eff 8-23-95); 147 v S 116 (Eff 12-9-97); 148 v H 119. Eff 12-22-99; 150 v H 1, § 1, eff. 3-31-05.
[§ 3517.10.4] § 3517.104. Cost of living adjustments to contribution limitations.
(A) In January of each odd-numbered year, the secretary of state,
in accordance with this division and division (B) of this section,
shall adjust each amount specified in section 3517.102 [3517.10.2] and
in division (B)(4)(e) of section 3517.10 of the Revised Code. The
adjustment shall be based on the yearly average of the previous two
years of the Consumer Price Index for All Urban Consumers or its
successive equivalent, as determined by the United States department of
labor, bureau of labor statistics, or its successor in responsibility,
for all items, Series A. Using the 1996 yearly average as the base
year, the secretary of state shall compare the most current average
consumer price index with that determined in the preceding odd-numbered
year, and shall determine the percentage increase or decrease. The
percentage increase or decrease shall be multiplied by the actual
dollar figure for each office or entity specified in section 3517.102
[3517.10.2] of the Revised Code and by each actual dollar figure
specified in division (B)(4)(e) of section 3517.10 of the Revised Code
as determined in the previous odd-numbered year, and the product shall
be added to or subtracted from its corresponding actual dollar figure,
as necessary, for that previous odd-numbered year.
The resulting amount shall be rounded to the nearest twenty-five
dollars if the calculations are made regarding the amounts specified in
division (B)(4)(e) of section 3517.10 of the Revised Code.
If the calculations are made regarding the amounts specified in section
3517.102 [3517.10.2] of the Revised Code, the resulting amount shall
not be rounded. If that resulting amount is less than one hundred
dollars, the secretary of state shall retain a record of the resulting
amount and the manner in which it was calculated, but shall not make an
adjustment unless the resulting amount, when added to the resulting
amount calculated in each prior odd-numbered year since the last
adjustment was made, equals or exceeds one hundred dollars.
(B) (1) The secretary of state shall calculate the adjustment
under division (A) of this section, and shall report the calculations
and necessary materials to the auditor of state, on or before the
thirty-first day of January of each odd-numbered year. The secretary of
state shall base the adjustment on the most current consumer price
index that is described in division (A) of this section and that is in
effect as of the first day of January of each odd-numbered year.
(2) The calculations made by the secretary of state under divisions (A)
and (B)(1) of this section shall be certified by the auditor of state
on or before the fifteenth day of February of each odd-numbered year.
(3) On or before the twenty-fifth day of February of each odd-numbered
year, the secretary of state shall prepare a report setting forth the
maximum contribution limitations under section 3517.102 [3517.10.2] of
the Revised Code, the maximum amounts, if any, of contributions
permitted to be kept under that section, and the amounts required under
division (B)(4)(e) of section 3517.10 of the Revised Code for reporting
contributions and in-kind contributions at social or fund-raising
activities and contributions from amounts deducted from an employee's
wages and salary, as calculated and certified pursuant to divisions (A)
and (B)(1) and (2) of this section. The report and all documents
relating to the calculations contained in the report are public
records. The report shall contain an indication of the period in which
the limitations, the maximum contribution amounts, and the reporting
amounts apply, a summary of how the limitations, the maximum
contribution amounts, and the reporting amounts were calculated, and a
statement that the report and all related documents are available for
inspection and copying at the office of the secretary of state.
(4) On or before the twenty-fifth day of February of each odd-numbered
year, the secretary of state shall transmit the report to the general
assembly and shall send the report by mail to the board of elections of
each county.
(5) The secretary of state shall send the report by mail to each person
who files a declaration of candidacy or nominating petition with the
secretary of state for the office of governor, lieutenant governor,
secretary of state, auditor of state, treasurer of state, attorney
general, member of the state board of education, chief justice of the
supreme court, or justice of the supreme court. The report shall be
mailed on or before the tenth day after the filing.
(6) A board of elections shall send the report by mail to each person
who files a declaration of candidacy or nominating petition with the
board for the office of state representative or state senator. The
report shall be mailed on or before the tenth day after the filing.
HISTORY: 146 v S 8 (Eff 1-1-97); 146 v H 99. Eff 1-1-97; 150 v H 1, § 1, eff. 3-31-05.
[§ 3517.10.5] § 3517.105. Political advertising to identify
source of independent expenditures; reporting of independent
expenditures.
(A) (1) As used in this section, "public political advertising"
means advertising to the general public through a broadcasting station,
newspaper, magazine, poster, yard sign, or outdoor advertising
facility, by direct mail, or by any other means of advertising to the
general public.
(2) For purposes of this section and section 3517.20 of the Revised
Code, a person is a member of a political action committee if the
person makes one or more contributions to that political action
committee, and a person is a member of a political contributing entity
if the person makes one or more contributions to, or pays dues,
membership fees, or other assessments to, that political contributing
entity.
(B) (1) Whenever a candidate, a campaign committee, a political
action committee or political contributing entity with ten or more
members, or a legislative campaign fund makes an independent
expenditure, or whenever a political action committee or political
contributing entity with fewer than ten members makes an independent
expenditure in excess of one hundred dollars for a local candidate, in
excess of two hundred fifty dollars for a candidate for the office of
member of the general assembly, or in excess of five hundred dollars
for a statewide candidate, for the purpose of financing communications
advocating the election or defeat of an identified candidate or
solicits without the candidate's express consent a contribution for or
against an identified candidate through public political advertising, a
statement shall appear or be presented in a clear and conspicuous
manner in the advertising that does both of the following:
(a) Clearly indicates that the communication or public political
advertising is not authorized by the candidate or the candidate's
campaign committee;
(b) Clearly identifies the candidate, campaign committee, political
action committee, political contributing entity, or legislative
campaign fund that has paid for the communication or public political
advertising in accordance with section 3517.20 of the Revised Code.
(2) (a) Whenever any campaign committee, legislative campaign fund,
political action committee, political contributing entity, or political
party makes an independent expenditure in support of or opposition to
any candidate, the committee, entity, fund, or party shall report the
independent expenditure and identify the candidate on a statement
prescribed by the secretary of state and filed by the committee,
entity, fund, or party as part of its statement of contributions and
expenditures pursuant to division (A) of section 3517.10 and division
(A) of section 3517.11 of the Revised Code.
(b) Whenever any individual, partnership, or other entity, except a
corporation, labor organization, campaign committee, legislative
campaign fund, political action committee, political contributing
entity, or political party, makes one or more independent expenditures
in support of or opposition to any candidate, the individual,
partnership, or other entity shall file with the secretary of state in
the case of a statewide candidate, or with the board of elections in
the county in which the candidate files the candidate's petitions for
nomination or election for district or local office, not later than the
dates specified in divisions (A)(1), (2), (3), and (4) of section
3517.10 of the Revised Code, and, except as otherwise provided in that
section, a statement itemizing all independent expenditures made during
the period since the close of business on the last day reflected in the
last previously filed such statement, if any. The statement shall be
made on a form prescribed by the secretary of state or shall be filed
by electronic means of transmission pursuant to division (G) of section
3517.106 [3517.10.6] of the Revised Code as authorized or required by
that division. The statement shall indicate the date and the amount of
each independent expenditure and the candidate on whose behalf it was
made and shall be made under penalty of election falsification.
(C) (1) Whenever a corporation, labor organization, campaign
committee, political action committee with ten or more members, or
legislative campaign fund makes an independent expenditure, or whenever
a political action committee with fewer than ten members makes an
independent expenditure in excess of one hundred dollars for a local
ballot issue or question, or in excess of five hundred dollars for a
statewide ballot issue or question, for the purpose of financing
communications advocating support of or opposition to an identified
ballot issue or question or solicits without the express consent of the
ballot issue committee a contribution for or against an identified
ballot issue or question through public political advertising, a
statement shall appear or be presented in a clear and conspicuous
manner in the advertising that does both of the following:
(a) Clearly indicates that the communication or public political
advertising is not authorized by the identified ballot issue committee;
(b) Clearly identifies the corporation, labor organization, campaign
committee, legislative campaign fund, or political action committee
that has paid for the communication or public political advertising in
accordance with section 3517.20 of the Revised Code.
(2) (a) Whenever any corporation, labor organization, campaign
committee, legislative campaign fund, political party, or political
action committee makes an independent expenditure in support of or
opposition to any ballot issue or question, the corporation or labor
organization shall report the independent expenditure in accordance
with division (C) of section 3599.03 of the Revised Code, and the
campaign committee, legislative campaign fund, political party, or
political action committee shall report the independent expenditure and
identify the ballot issue or question on a statement prescribed by the
secretary of state and filed by the committee, fund, or party as part
of its statement of contributions and expenditures pursuant to division
(A) of section 3517.10 and division (A) of section 3517.11 of the
Revised Code.
(b) Whenever any individual, partnership, or other entity, except a
corporation, labor organization, campaign committee, legislative
campaign fund, political action committee, or political party, makes
one or more independent expenditures in excess of one hundred dollars
in support of or opposition to any ballot issue or question, the
individual, partnership, or other entity shall file with the secretary
of state in the case of a statewide ballot issue or question, or with
the board of elections in the county that certifies the issue or
question for placement on the ballot in the case of a district or local
issue or question, not later than the dates specified in divisions
(A)(1), (2), (3), and (4) of section 3517.10 of the Revised Code, and,
except as otherwise provided in that section, a statement itemizing all
independent expenditures made during the period since the close of
business on the last day reflected in the last previously filed such
statement, if any. The statement shall be made on a form prescribed by
the secretary of state or shall be filed by electronic means of
transmission pursuant to division (G) of section 3517.106 [3517.10.6]
of the Revised Code as authorized or required by that division. The
statement shall indicate the date and the amount of each independent
expenditure and the ballot issue or question in support of or
opposition to which it was made and shall be made under penalty of
election falsification.
(3) No person, campaign committee, legislative campaign fund, political
action committee, corporation, labor organization, or other
organization or association shall use or cause to be used a false or
fictitious name in making an independent expenditure in support of or
opposition to any candidate or any ballot issue or question. A name is
false or fictitious if the person, campaign committee, legislative
campaign fund, political action committee, corporation, labor
organization, or other organization or association does not actually
exist or operate, if the corporation, labor organization, or other
organization or association has failed to file a fictitious name or
other registration with the secretary of state, if it is required to do
so, or if the person, campaign committee, legislative campaign fund, or
political action committee has failed to file a designation of the
appointment of a treasurer, if it is required to do so by division
(D)(1) of section 3517.10 of the Revised Code.
(D) Any expenditure by a political party for the purpose of
financing communications advocating the election or defeat of a
candidate for judicial office shall be deemed to be an independent
expenditure subject to the provisions of this section.
HISTORY: 146 v S 8 (Eff 8-23-95); 146 v H 99 (Eff 8-23-95); 147 v S 134
(Eff 7-13-98); 148 v H 119. Eff 12-22-99; 150 v H 1, § 1, eff.
3-31-05; 151 v S 115, § 1, eff. 4-26-05.
[§ 3517.10.6] § 3517.106. Contents of campaign statements to
be computerized and made available to public on internet; filing of
copies of printed version.
(A) As used in this section:
(1) "Statewide office" means any of the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of state,
attorney general, chief justice of the supreme court, and justice of
the supreme court.
(2) "Addendum to a statement" includes an amendment or other correction to that statement.
(B) (1) The secretary of state shall store on computer the
information contained in statements of contributions and expenditures
and monthly statements required to be filed under section 3517.10 of
the Revised Code and in statements of independent expenditures required
to be filed under section 3517.105 [3517.10.5] of the Revised Code by
any of the following:
(a) The campaign committees of candidates for statewide office;
(b) The political action committees and political contributing entities
described in division (A)(1) of section 3517.11 of the Revised Code;
(c) Legislative campaign funds;
(d) State political parties;
(e) Individuals, partnerships, corporations, labor organizations, or
other entities that make independent expenditures in support of or
opposition to a statewide candidate or a statewide ballot issue or
question;
(f) The campaign committees of candidates for the office of member of the general assembly;
(g) County political parties, with respect to their state candidate funds.
(2) The secretary of state shall store on computer the information
contained in disclosure of electioneering communications statements
required to be filed under section 3517.1011 [3517.10.11] of the
Revised Code.
(3) The secretary of state shall store on computer the information
contained in deposit and disbursement statements required to be filed
with the office of the secretary of state under section 3517.1012
[3517.1012] of the Revised Code.
(4) The secretary of state shall store on computer the gift and
disbursement information contained in statements required to be filed
with the office of the secretary of state under section 3517.1013
[3517.10.13] of the Revised Code.
(C) (1) The secretary of state shall make available to the
campaign committees, political action committees, political
contributing entities, legislative campaign funds, political parties,
individuals, partnerships, corporations, labor organizations, and other
entities described in division (B) of this section, and to members of
the news media and other interested persons, for a reasonable fee,
computer programs that are compatible with the secretary of state's
method of storing the information contained in the statements.
(2) The secretary of state shall make the information required to be
stored under division (B) of this section available on computer at the
secretary of state's office so that, to the maximum extent feasible,
individuals may obtain at the secretary of state's office any part or
all of that information for any given year, subject to the limitation
expressed in division (D) of this section.
(D) The secretary of state shall keep the information stored on
computer under division (B) of this section for at least six years.
(E) (1) Subject to division (L) of this section and subject to
the secretary of state having implemented, tested, and verified the
successful operation of any system the secretary of state prescribes
pursuant to division (H)(1) of this section and divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised Code for the filing of
campaign finance statements by electronic means of transmission, the
campaign committee of each candidate for statewide office may file the
statements prescribed by section 3517.10 of the Revised Code by
electronic means of transmission or, if the total amount of the
contributions received or the total amount of the expenditures made by
the campaign committee for the applicable reporting period as specified
in division (A) of section 3517.10 of the Revised Code exceeds ten
thousand dollars, shall file those statements by electronic means of
transmission.
Except as otherwise provided in this division, within five business
days after a statement filed by a campaign committee of a candidate for
statewide office is received by the secretary of state by electronic or
other means of transmission, the secretary of state shall make
available online to the public through the internet, as provided in
division (I) of this section, the contribution and expenditure
information in that statement. The secretary of state shall not make
available online to the public through the internet any contribution or
expenditure information contained in a statement for any candidate
until the secretary of state is able to make available online to the
public through the internet the contribution and expenditure
information for all candidates for a particular office, or until the
applicable filing deadline for that statement has passed, whichever is
sooner. As soon as the secretary of state has available all of the
contribution and expenditure information for all candidates for a
particular office, or as soon as the applicable filing deadline for a
statement has passed, whichever is sooner, the secretary of state shall
simultaneously make available online to the public through the internet
the information for all candidates for that office.
If a statement filed by electronic means of transmission is found to be
incomplete or inaccurate after the examination of the statement for
completeness and accuracy pursuant to division (B)(3)(a) of section
3517.11 of the Revised Code, the campaign committee shall file by
electronic means of transmission any addendum to the statement that
provides the information necessary to complete or correct the statement
or, if required by the secretary of state under that division, an
amended statement.
Within five business days after the secretary of state receives from a
campaign committee of a candidate for statewide office an addendum to
the statement or an amended statement by electronic or other means of
transmission under this division or division (B)(3)(a) of section
3517.11 of the Revised Code, the secretary of state shall make the
contribution and expenditure information in the addendum or amended
statement available online to the public through the internet as
provided in division (I) of this section.
(2) Subject to the secretary of state having implemented, tested, and
verified the successful operation of any system the secretary of state
prescribes pursuant to division (H)(1) of this section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised Code for the
filing of campaign finance statements by electronic means of
transmission, a political action committee and a political contributing
entity described in division (B)(1)(b) of this section, a legislative
campaign fund, and a state political party may file the statements
prescribed by section 3517.10 of the Revised Code by electronic means
of transmission or, if the total amount of the contributions received
or the total amount of the expenditures made by the political action
committee, political contributing entity, legislative campaign fund, or
state political party for the applicable reporting period as specified
in division (A) of section 3517.10 of the Revised Code exceeds ten
thousand dollars, shall file those statements by electronic means of
transmission.
Within five business days after a statement filed by a political action
committee or a political contributing entity described in division
(B)(1)(b) of this section, a legislative campaign fund, or a state
political party is received by the secretary of state by electronic or
other means of transmission, the secretary of state shall make
available online to the public through the internet, as provided in
division (I) of this section, the contribution and expenditure
information in that statement.
If a statement filed by electronic means of transmission is found to be
incomplete or inaccurate after the examination of the statement for
completeness and accuracy pursuant to division (B)(3)(a) of section
3517.11 of the Revised Code, the political action committee, political
contributing entity, legislative campaign fund, or state political
party shall file by electronic means of transmission any addendum to
the statement that provides the information necessary to complete or
correct the statement or, if required by the secretary of state under
that division, an amended statement.
Within five business days after the secretary of state receives from a
political action committee or a political contributing entity described
in division (B)(1)(b) of this section, a legislative campaign fund, or
a state political party an addendum to the statement or an amended
statement by electronic or other means of transmission under this
division or division (B)(3)(a) of section 3517.11 of the Revised Code,
the secretary of state shall make the contribution and expenditure
information in the addendum or amended statement available online to
the public through the internet as provided in division (I) of this
section.
(3) Subject to the secretary of state having implemented, tested, and
verified the successful operation of any system the secretary of state
prescribes pursuant to division (H)(1) of this section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised Code for the
filing of campaign finance statements by electronic means of
transmission, a county political party shall file the statements
prescribed by section 3517.10 of the Revised Code with respect to its
state candidate fund by electronic means of transmission to the office
of the secretary of state.
Within five business days after a statement filed by a county political
party with respect to its state candidate fund is received by the
secretary of state by electronic means of transmission, the secretary
of state shall make available online to the public through the
internet, as provided in division (I) of this section, the contribution
and expenditure information in that statement.
If a statement is found to be incomplete or inaccurate after the
examination of the statement for completeness and accuracy pursuant to
division (B)(3)(a) of section 3517.11 of the Revised Code, a county
political party shall file by electronic means of transmission any
addendum to the statement that provides the information necessary to
complete or correct the statement or, if required by the secretary of
state under that division, an amended statement.
Within five business days after the secretary of state receives from a
county political party an addendum to the statement or an amended
statement by electronic means of transmission under this division or
division (B)(3)(a) of section 3517.11 of the Revised Code, the
secretary of state shall make the contribution and expenditure
information in the addendum or amended statement available online to
the public through the internet as provided in division (I) of this
section.
(F) (1) Subject to division (L) of this section and subject to
the secretary of state having implemented, tested, and verified the
successful operation of any system the secretary of state prescribes
pursuant to division (H)(1) of this section and divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised Code for the filing of
campaign finance statements by electronic means of transmission, a
campaign committee of a candidate for the office of member of the
general assembly or a campaign committee of a candidate for the office
of judge of a court of appeals may file the statements prescribed by
section 3517.10 of the Revised Code in accordance with division (A)(2)
of section 3517.11 of the Revised Code or by electronic means of
transmission to the office of the secretary of state or, if the total
amount of the contributions received by the campaign committee for the
applicable reporting period as specified in division (A) of section
3517.10 of the Revised Code exceeds ten thousand dollars, shall file
those statements by electronic means of transmission to the office of
the secretary of state.
Except as otherwise provided in this division, within five business
days after a statement filed by a campaign committee of a candidate for
the office of member of the general assembly or a campaign committee of
a candidate for the office of judge of a court of appeals is received
by the secretary of state by electronic or other means of transmission,
the secretary of state shall make available online to the public
through the internet, as provided in division (I) of this section, the
contribution and expenditure information in that statement. The
secretary of state shall not make available online to the public
through the internet any contribution or expenditure information
contained in a statement for any candidate until the secretary of state
is able to make available online to the public through the internet the
contribution and expenditure information for all candidates for a
particular office, or until the applicable filing deadline for that
statement has passed, whichever is sooner. As soon as the secretary of
state has available all of the contribution and expenditure information
for all candidates for a particular office, or as soon as the
applicable filing deadline for a statement has passed, whichever is
sooner, the secretary of state shall simultaneously make available
online to the public through the internet the information for all
candidates for that office.
If a statement filed by electronic means of transmission is found to be
incomplete or inaccurate after the examination of the statement for
completeness and accuracy pursuant to division (B)(3)(a) of section
3517.11 of the Revised Code, the campaign committee shall file by
electronic means of transmission to the office of the secretary of
state any addendum to the statement that provides the information
necessary to complete or correct the statement or, if required by the
secretary of state under that division, an amended statement.
Within five business days after the secretary of state receives from a
campaign committee of a candidate for the office of member of the
general assembly or a campaign committee of a candidate for the office
of judge of a court of appeals an addendum to the statement or an
amended statement by electronic or other means of transmission under
this division or division (B)(3)(a) of section 3517.11 of the Revised
Code, the secretary of state shall make the contribution and
expenditure information in the addendum or amended statement available
online to the public through the internet as provided in division (I)
of this section.
(2) If a statement, addendum, or amended statement is not filed by
electronic means of transmission to the office of the secretary of
state but is filed by printed version only under division (A)(2) of
section 3517.11 of the Revised Code with the appropriate board of
elections, the campaign committee of a candidate for the office of
member of the general assembly or a campaign committee of a candidate
for the office of judge of a court of appeals shall file two copies of
the printed version of the statement, addendum, or amended statement
with the board of elections. The board of elections shall send one of
those copies by overnight delivery service to the secretary of state
before the close of business on the day the board of elections receives
the statement, addendum, or amended statement.
(G) Subject to the secretary of state having implemented, tested,
and verified the successful operation of any system the secretary of
state prescribes pursuant to division (H)(1) of this section and
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised Code
for the filing of campaign finance statements by electronic means of
transmission, any individual, partnership, or other entity that makes
independent expenditures in support of or opposition to a statewide
candidate or a statewide ballot issue or question as provided in
division (B)(2)(b) or (C)(2)(b) of section 3517.105 [3517.10.5] of the
Revised Code may file the statement specified in that division by
electronic means of transmission or, if the total amount of independent
expenditures made during the reporting period under that division
exceeds ten thousand dollars, shall file the statement specified in
that division by electronic means of transmission.
Within five business days after a statement filed by an individual,
partnership, or other entity is received by the secretary of state by
electronic or other means of transmission, the secretary of state shall
make available online to the public through the internet, as provided
in division (I) of this section, the expenditure information in that
statement.
If a statement filed by electronic means of transmission is found to be
incomplete or inaccurate after the examination of the statement for
completeness and accuracy pursuant to division (B)(3)(a) of section
3517.11 of the Revised Code, the individual, partnership, or other
entity shall file by electronic means of transmission any addendum to
the statement that provides the information necessary to complete or
correct the statement or, if required by the secretary of state under
that division, an amended statement.
Within five business days after the secretary of state receives from an
individual, partnership, or other entity described in division
(B)(2)(b) or (C)(2)(b) of section 3517.105 [3517.10.5] of the Revised
Code an addendum to the statement or an amended statement by electronic
or other means of transmission under this division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state shall make the expenditure information in the addendum or amended
statement available online to the public through the internet as
provided in division (I) of this section.
(H) (1) The secretary of state, by rule adopted pursuant to
section 3517.23 of the Revised Code, shall prescribe one or more
techniques by which a person who executes and transmits by electronic
means a statement of contributions and expenditures, a statement of
independent expenditures, a disclosure of electioneering communications
statement, a deposit and disbursement statement, or a gift and
disbursement statement, an addendum to any of those statements, an
amended statement of contributions and expenditures, an amended
statement of independent expenditures, an amended disclosure of
electioneering communications statement, an amended deposit and
disbursement statement, or an amended gift and disbursement statement,
under this section or section 3517.10, 3517.105 [3517.10.5], 3517.1011
[3517.10.11], 3517.1012 [3517.10.12], or 3517.1013 [3517.10.13] of the
Revised Code shall electronically sign the statement, addendum, or
amended statement. Any technique prescribed by the secretary of state
pursuant to this division shall create an electronic signature that
satisfies all of the following:
(a) It is unique to the signer.
(b) It objectively identifies the signer.
(c) It involves the use of a signature device or other means or method
that is under the sole control of the signer and that cannot be readily
duplicated or compromised.
(d) It is created and linked to the electronic record to which it
relates in a manner that, if the record or signature is intentionally
or unintentionally changed after signing, the electronic signature is
invalidated.
(2) An electronic signature prescribed by the secretary of state under
division (H)(1) of this section shall be attached to or associated with
the statement of contributions and expenditures, the statement of
independent expenditures, the disclosure of electioneering
communications statement, the deposit and disbursement statement, or
the gift and disbursement statement, the addendum to any of those
statements, the amended statement of contributions and expenditures,
the amended statement of independent expenditures, the amended
disclosure of electioneering communications statement, the amended
deposit and disbursement statement, or the amended gift and
disbursement statement that is executed and transmitted by electronic
means by the person to whom the electronic signature is attributed. The
electronic signature that is attached to or associated with the
statement, addendum, or amended statement under this division shall be
binding on all persons and for all purposes under the campaign finance
reporting law as if the signature had been handwritten in ink on a
printed form.
(I) The secretary of state shall make the contribution and
expenditure, the contribution and disbursement, the deposit and
disbursement, or the gift and disbursement information in all
statements, all addenda to the statements, and all amended statements
that are filed with the secretary of state by electronic or other means
of transmission under this section or section 3517.10, 3517.105
[3517.10.5], 3517.1011 [3517.10.11], 3517.1012 [3517.10.12], or
3517.1013 [3517.10.13], or 3517.11 of the Revised Code available online
to the public by any means that are searchable, viewable, and
accessible through the internet.
(J) (1) As used in this division, "library" means a library that is open to the public and that is one of the following:
(a) A library that is maintained and regulated under section 715.13 of the Revised Code;
(b) A library that is created, maintained, and regulated under Chapter 3375. of the Revised Code.
(2) The secretary of state shall notify all libraries of the location
on the internet at which the contribution and expenditure, contribution
and disbursement, deposit and disbursement, or gift and disbursement
information in campaign finance statements required to be made
available online to the public through the internet pursuant to
division (I) of this section may be accessed.
If that location is part of the world wide web and if the secretary of
state has notified a library of that world wide web location as
required by this division, the library shall include a link to that
world wide web location on each internet-connected computer it
maintains that is accessible to the public.
(3) If the system the secretary of state prescribes for the filing of
campaign finance statements by electronic means of transmission
pursuant to division (H)(1) of this section and divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised Code includes filing those
statements through the internet via the world wide web, the secretary
of state shall notify all libraries of the world wide web location at
which those statements may be filed.
If those statements may be filed through the internet via the world
wide web and if the secretary of state has notified a library of that
world wide web location as required by this division, the library shall
include a link to that world wide web location on each
internet-connected computer it maintains that is accessible to the
public.
(K) It is an affirmative defense to a complaint or charge brought
against any campaign committee, political action committee, political
contributing entity, legislative campaign fund, or political party, any
individual, partnership, or other entity, or any person making
disbursements to pay the direct costs of producing or airing
electioneering communications, for the failure to file by electronic
means of transmission a campaign finance statement as required by this
section or section 3517.10, 3517.105 [3517.10.5], 3517.1011
[3517.10.11], 3517.1012 [3517.10.12], or 3517.1013 [3517.10.13] of the
Revised Code that all of the following apply to the campaign committee,
political action committee, political contributing entity, legislative
campaign fund, or political party, the individual, partnership, or
other entity, or the person making disbursements to pay the direct
costs of producing or airing electioneering communications, that failed
to so file:
(1) The campaign committee, political action committee, political
contributing entity, legislative campaign fund, or political party, the
individual, partnership, or other entity, or the person making
disbursements to pay the direct costs of producing or airing
electioneering communications attempted to file by electronic means of
transmission the required statement prior to the deadline set forth in
the applicable section.
(2) The campaign committee, political action committee, political
contributing entity, legislative campaign fund, or political party, the
individual, partnership, or other entity, or the person making
disbursements to pay the direct costs of producing or airing
electioneering communications was unable to file by electronic means of
transmission due to an expected or unexpected shutdown of the whole or
part of the electronic campaign finance statement-filing system, such
as for maintenance or because of hardware, software, or network
connection failure.
(3) The campaign committee, political action committee, political
contributing entity, legislative campaign fund, or political party, the
individual, partnership, or other entity, or the person making
disbursements to pay the direct costs of producing or airing
electioneering communications filed by electronic means of transmission
the required statement within a reasonable period of time after being
unable to so file it under the circumstance described in division
(K)(2) of this section.
(L) (1) The secretary of state shall adopt rules pursuant to
Chapter 119. of the Revised Code to permit a campaign committee of a
candidate for statewide office that makes expenditures of less than
twenty-five thousand dollars during the filing period or a campaign
committee for the office of member of the general assembly or the
office of judge of a court of appeals that would otherwise be required
to file campaign finance statements by electronic means of transmission
under division (E) or (F) of this section to file those statements by
paper with the office of the secretary of state. Those rules shall
provide for all of the following:
(a) An eligible campaign committee that wishes to file a campaign
finance statement by paper instead of by electronic means of
transmission shall file the statement on paper with the office of the
secretary of state not sooner than twenty-four hours after the end of
the filing period set forth in section 3517.10 of the Revised Code that
is covered by the applicable statement.
(b) The statement shall be accompanied by a fee, the amount of which
the secretary of state shall determine by rule. The amount of the fee
established under this division shall not exceed the data entry and
data verification costs the secretary of state will incur to convert
the information on the statement to an electronic format as required
under division (I) of this section.
(c) The secretary of state shall arrange for the information in
campaign finance statements filed pursuant to division (L) of this
section to be made available online to the public through the internet
in the same manner, and at the same times, as information is made
available under divisions (E), (F), and (I) of this section for
candidates whose campaign committees file those statements by
electronic means of transmission.
(d) The candidate of an eligible campaign committee that intends to
file a campaign finance statement pursuant to division (L) of this
section shall file an affidavit indicating that the candidate's
campaign committee intends to so file and stating that filing the
statement by electronic means of transmission would constitute a
hardship for the candidate or for the eligible campaign committee.
(e) An eligible campaign committee that files a campaign finance
statement on paper pursuant to division (L) of this section shall
review the contribution and information made available online by the
secretary of state with respect to that paper filing and shall notify
the secretary of state of any errors with respect to that filing that
appear in the data made available on that web site.
(f) If an eligible campaign committee whose candidate has filed an
affidavit in accordance with rules adopted under division (L)(1)(d) of
this section subsequently fails to file that statement on paper by the
applicable deadline established in rules adopted under division
(L)(1)(a) of this section, penalties for the late filing of the
campaign finance statement shall apply to that campaign committee for
each day after that paper filing deadline, as if the campaign committee
had filed the statement after the applicable deadline set forth in
division (A) of section 3517.10 of the Revised Code.
(2) The process for permitting campaign committees that would otherwise
be required to file campaign finance statements by electronic means of
transmission to file those statements on paper with the office of the
secretary of state that is required to be developed under division
(L)(1) of this section shall be in effect and available for use by
eligible campaign committees for all campaign finance statements that
are required to be filed on or after June 30, 2005. Notwithstanding any
provision of the Revised Code to the contrary, if the process the
secretary of state is required to develop under division (L)(1) of this
section is not in effect and available for use on and after June 30,
2005, all penalties for the failure of campaign committees to file
campaign finance statements by electronic means of transmission shall
be suspended until such time as that process is in effect and available
for use.
(3) Notwithstanding any provision of the Revised Code to the contrary,
any eligible campaign committee that files campaign finance statements
on paper with the office of the secretary of state pursuant to division
(L)(1) of this section shall be deemed to have filed those campaign
finance statements by electronic means of transmission to the office of
the secretary of state.
HISTORY: 146 v S 8 (Eff 8-23-95); 147 v S 134 (Eff 7-13-98); 148 v H
119 (Eff 12-22-99); 149 v H 445. Eff 12-23-2002; 150 v H 204, § 1,
eff. 11-5-04; 150 v H 1, § 1, eff. 3-31-05; 151 v S 115, § 1,
eff. 4-26-05.
[§ 3517.10.7] § 3517.107. Registration of federal political committees; filing of report or statement.
(A) As used in this section, "federal political committee" means
a political committee, as defined in the Federal Election Campaign Act,
that is registered with the federal election commission under that act.
(B) Any federal political committee may make contributions,
expenditures, or independent expenditures from its federal account in
connection with any state or local election in Ohio. Prior to making
any such contribution, expenditure, or independent expenditure, the
federal political committee shall register with the secretary of state
by filing a copy of its most recent federal statement of organization.
A federal political committee registered with the secretary of state
under this division shall file with the secretary of state any
amendment to its statement of organization that is required under the
Federal Election Campaign Act to be reported to the federal election
commission.
(C) When, during any federal reporting period under the Federal
Election Campaign Act, a federal political committee makes a
contribution, expenditure, or independent expenditure from its federal
account in connection with a state or local election in Ohio, the
committee shall file with the secretary of state not later than the
date on which its report is required to be filed with the appropriate
federal office or officer under the Federal Election Campaign Act,
copies of the following pages from that report:
(1) The summary page;
(2) The detailed summary page;
(3) The page or pages that contain an itemized list of the
contributions, expenditures, and independent expenditures made in
connection with state and local elections in Ohio.
The total amount of contributions, expenditures, and independent
expenditures made in connection with state and local elections in Ohio
shall be reflected on the summary page or on a form that the secretary
of state shall prescribe.
(D) When, during any calendar year, a federal political committee
makes a contribution from its federal account in connection with a
state or local election in Ohio to a state or local political action
committee that is required under section 3517.11 of the Revised Code to
file any statement prescribed by section 3517.10 of the Revised Code,
and the federal political committee and state or local political action
committee are established, financed, maintained, or controlled by the
same corporation, organization, continuing association, or other
person, including any parent, subsidiary, division, department, or unit
of that corporation, organization, continuing association, or other
person, the federal political committee shall file a statement with the
secretary of state not later than the last business day of January of
the next calendar year. The statement shall be on a form prescribed by
the secretary of state and shall include a list of the names and
addresses of contributors that are residents of Ohio that made
contributions to the federal political committee during the calendar
year covered by the statement and, for each name listed, the aggregate
total amount contributed by each contributor during the reporting
period.
HISTORY: 146 v S 8 (Eff 8-23-95); 146 v H 99 (Eff 8-23-95); 147 v S 116. Eff 12-9-97.
[§ 3517.10.8] § 3517.108. Committee may accept additional contributions after election to satisfy unpaid debt.
(A) As used in divisions (A) and (B) of this section:
(1) "Candidate" has the same meaning as in section 3517.01 of the
Revised Code but includes only candidates for the offices of governor,
lieutenant governor, secretary of state, auditor of state, treasurer of
state, attorney general, member of the state board of education, member
of the general assembly, chief justice of the supreme court, and
justice of the supreme court.
(2) A "general election period" begins on the day after the primary
election immediately preceding the general election at which a
candidate seeks an office specified in division (A)(1) of this section
and ends on the thirty-first day of December following that general
election.
(3) A "primary election period" begins on the first day of January of
the year following the year in which the general election was held for
the office that the candidate seeks, including any mid-term election,
and ends on the day of the primary election.
(B) Whenever the campaign committee of a candidate has unpaid
debt at the end of a primary election period or at the end of a general
election period, the committee may accept additional contributions
during the immediately following election period up to the applicable
limitation prescribed under section 3517.102 [3517.10.2] of the Revised
Code from any individual, political action committee, political
contributing entity, or other campaign committee who, during the
primary or general election period for which debt remains unpaid, has
contributed less than the contribution limitations prescribed under
section 3517.102 [3517.10.2] of the Revised Code applicable to that
individual, political action committee, political contributing entity,
or other campaign committee. Any additional contribution that a
campaign committee accepts under this division shall count toward the
applicable limitations prescribed under section 3517.102 [3517.10.2] of
the Revised Code for that primary or general election period at the end
of which the debt remains unpaid, and shall not count toward the
applicable limitations for any other primary or general election period
if all of the following conditions apply:
(1) The campaign committee reports, on the statement required to be
filed under division (A)(2) of section 3517.10 of the Revised Code, all
debt remaining unpaid at the end of the election period. The committee
shall also file a separate statement, on a form prescribed by the
secretary of state, at the same time that the committee is required to
file a statement of contributions and expenditures under section
3517.10 of the Revised Code. The separate statement shall include the
name and address of each contributor who makes an additional
contribution under division (B) of this section, how the contribution
was applied to pay the unpaid debt as required by division (B)(3) of
this section, and the balance of the unpaid debt after each
contribution was applied to it.
(2) The additional contributions are accepted only during the primary
or general election period, whichever is applicable, immediately
following the election period covered in the statement filed under
division (B)(1) of this section.
(3) All additional contributions made under division (B) of this
section are used by the campaign committee that receives them only to
pay the debt of the committee reported under division (B)(1) of this
section.
(4) The campaign committee maintains a separate account for all
additional contributions made under division (B) of this section and
uses moneys in that account only to pay the unpaid debt reported under
division (B)(1) of this section and to administer the account.
(5) The campaign committee stops accepting additional contributions
after funds sufficient to repay the unpaid debt reported under division
(B)(1) of this section have been raised and promptly disposes of any
contributions received that exceed the amount of the unpaid debt by
returning the excess contributions to the contributors or by giving the
excess contributions to an organization that is exempt from federal
income taxation under subsection 501(a) and described in subsection
501(c)(3), (4), (8), (10), or (19) of the Internal Revenue Code.
HISTORY: 146 v S 8 (Eff 8-23-95); 147 v S 134. Eff 7-13-98; 150 v H 1,
§ 1, eff. 3-31-05; 151 v S 115, § 1, eff. 4-26-05.
[§ 3517.10.9] § 3517.109. Duty to dispose of excess funds and
aggregate contributions; declaration of filing-day finances.
(A) As used in this section:
(1) "Candidate" has the same meaning as in section 3517.01 of the
Revised Code but includes only candidates for the offices of governor,
lieutenant governor, secretary of state, auditor of state, treasurer of
state, attorney general, member of the state board of education, and
member of the general assembly.
(2) "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, attorney
general, and member of the state board of education.
(3) "Senate candidate" means a candidate for the office of state senator.
(4) "House candidate" means a candidate for the office of state representative.
(5) "State office" means the offices of governor, lieutenant governor,
secretary of state, auditor of state, treasurer of state, attorney
general, member of the state board of education, and member of the
general assembly.
(6) "Aggregate contribution" means the total of all contributions from a contributor during the pre-filing period.
(7) "Allowable aggregate contribution" means all of the following:
(a) In the case of a contribution from a contributor whose
contributions are subject to the contribution limits described in
division (B)(1), (2), (3), (6)(a), or (7) of section 3517.102
[3517.10.2] of the Revised Code, that portion of the amount of the
contributor's aggregate contribution that does not exceed the
preprimary contribution limit applicable to that contributor.
(b) In the case of a contribution or contributions from a contributor
whose contributions are not subject to the contribution limits
described in divisions (B)(1), (2), (3), (6)(a), or (7) of section
3517.102 [3517.10.2] of the Revised Code, the total of the following:
(i) That portion of the aggregate contribution that was received as in-kind services;
(ii) That portion of the aggregate contribution that was received as
cash and does not exceed the applicable preprimary cash transfer or
contribution limits described in division (B)(6)(b) of section 3517.102
[3517.10.2] of the Revised Code.
(8) "Excess aggregate contribution" means, for each contributor, the
amount by which that contributor's aggregate contribution exceeds that
contributor's allowable aggregate contribution.
(9) "Pre-filing period" means the period of time ending on the day that
the candidacy petitions are due for the state office for which the
candidate has filed and beginning on the latest date of the following:
(a) The first day of January of the year following the general election in which that state office was last on the ballot;
(b) The first day of January of the year following the general election
in which the candidate was last a candidate for any office;
(c) The first day of the month following the primary election in which the candidate was last a candidate for any office.
(10) "Filing date" means the last date on which a candidacy petition may be filed for an office.
(11) "Applicable carry-in limit" means thirty-five thousand dollars if
the candidate is a house candidate or a candidate for the state board
of education, one hundred thousand dollars if the candidate is a senate
candidate, and two hundred thousand dollars if the candidate is a
statewide candidate other than a candidate for the state board of
education.
(12) "Campaign asset" means prepaid, purchased, or donated assets
available to the candidate on the date of the filing deadline for the
office the candidate is seeking that will be consumed or depleted in
the course of the candidate's election campaign, including, but not
limited to, postage, prepaid rent for campaign headquarters, prepaid
radio, television, and newspaper advertising, and other prepaid
consulting and personal services.
(13) "Permitted funds" means the sum of the following:
(a) The total of the allowable aggregate contribution of each contributor;
(b) The applicable carry-in limit.
(14) "Excess funds" means the amount by which the sum of the total cash
on hand and total reported campaign assets exceeds permitted funds.
(15) "Covered candidate" means both of the following:
(a) A candidate who, during the pre-filing period, accepts or has a
campaign committee that accepts contributions on the candidate's behalf
for the purpose of nominating or electing the candidate to any office
not subject to the contribution limits prescribed in section 3517.102
[3517.10.2] of the Revised Code;
(b) A person who, during the pre-filing period, accepts or has a
campaign committee that accepts contributions on the person's behalf
prior to the person deciding upon or announcing the office for which
the person will become a candidate for nomination or election.
(B) Each candidate who files for state office, not later than the
filing date for that office, shall dispose of any excess funds. Each
covered candidate who files for state office, not later than the filing
date for that office, shall dispose of any excess aggregate
contributions.
(C) Any campaign committee that is required to dispose of excess
funds or excess aggregate contributions under division (B) of this
section shall dispose of that excess amount or amounts by doing any of
the following:
(1) Giving the amount to the treasurer of state for deposit into the
state treasury to the credit of the Ohio elections commission fund
created by division (I) of section 3517.152 [3517.15.2] of the Revised
Code;
(2) Giving the amount to individuals who made contributions to that
campaign committee as a refund of all or part of their contributions;
(3) Giving the amount to a corporation that is exempt from federal
income taxation under subsection 501(a) and described in subsection
501(c) of the Internal Revenue Code.
(D) (1) Subject to division (D)(2) of this section, no candidate
or covered candidate shall appear on the ballot, even if certified to
appear on the ballot, unless the candidate's or covered candidate's
campaign committee has disposed of excess funds, excess aggregate
contributions, or both as required by divisions (B) and (C) of this
section.
(2) If the excess aggregate contributions accepted by a covered
candidate or a covered candidate's campaign committee aggregate a total
of less than five thousand dollars from all contributors, that
candidate shall not be prohibited from appearing on the ballot under
division (D)(1) of this section.
(E) (1) The campaign committee of each candidate required to
dispose of excess funds under this section shall file a report, on a
form prescribed by the secretary of state, with the official or board
with which the candidate is required to file statements under section
3517.11 of the Revised Code. The report shall be filed by the seventh
day following the filing deadline for the office the candidate is
seeking, shall indicate the amount of excess funds disposed of, and
shall describe the manner in which the campaign committee disposed of
the excess amount.
(2) In addition to the information required to be included in a report
filed under division (E)(1) of this section, the campaign committee of
each covered candidate required to dispose of excess aggregate
contributions under this section shall include in that report the
source and amount of each excess aggregate contribution disposed of and
shall describe the manner in which the campaign committee disposed of
the excess amount.
(F) (1) Each campaign committee of a candidate who has filed a
declaration of candidacy or a nominating petition for a state office,
not later than seven days after the filing date for the office the
candidate is seeking, shall file a declaration of filing-day finances,
on a form prescribed by the secretary of state, with the official or
board with which the candidate is required to file statements under
section 3517.11 of the Revised Code.
(2) A declaration of filing-day finances shall list all of the following:
(a) The amount of cash on hand in the candidate's campaign fund on the filing date for the office the candidate is seeking.
(b) The value and description of all campaign assets worth five hundred
dollars or more available to the candidate on the filing date. Assets
purchased by the campaign shall be valued at actual cost, and in-kind
contributions shall be valued at market value.
(c) The total of all aggregate contributions;
(d) The total of all allowable aggregate contributions;
(e) The applicable carry-in limit, if any.
(3) In addition to the information required to be included in a report
of filing-day finances filed under division (F)(1) of this section, the
campaign committee of each covered candidate shall include both of the
following in that report:
(a) The total of all excess aggregate contributions;
(b) For each contributor, if any, for whom there is an excess aggregate
contribution, the name, address, aggregate contribution, and excess
aggregate contribution.
(G) A campaign committee of a candidate is not required to file a
declaration of filing-day finances under division (F) of this section
if all of the following apply:
(1) The campaign committee has not accepted, during the pre-filing
period, any aggregate contribution greater than the applicable amount.
(2) The campaign committee had less than the carry-in amount in cash on hand at the beginning of the pre-filing period.
(3) The candidate files a declaration, on a form prescribed by the
secretary of state, with the official or board with which the candidate
is required to file statements under section 3517.11 of the Revised
Code not later than seven days after the filing date for the office
that candidate is seeking, stating that the candidate's campaign
committee has not accepted aggregate contributions as described in
division (G)(1) of this section and has less than the carry-in amount
in cash on hand as described in division (G)(2) of this section.
HISTORY: 146 v S 8 (Eff 8-23-95); 146 v H 99 (Eff 8-23-95); 147 v S 116
(Eff 12-9-97); 147 v S 134 (Eff 7-13-98); 148 v H 119. Eff 12-22-99;
150 v H 262, § 1, eff. 5-7-04; 150 v H 1, § 1, eff. 3-31-05;
151 v S 115, § 1, eff. 4-26-05.
[§ 3517.10.10] § 3517.1010. Disposal of excess funds or
excess aggregate contributions by candidate filing declaration of no
limits or personal funds notice.
(A) As used in this section:
(1) "Aggregate contribution," "allowable aggregate contribution,"
"excess aggregate contribution," and "pre-filing period" have the same
meanings as in section 3517.109 [3517.10.9] of the Revised Code.
(2) "Filing deadline" means the last date on which a candidacy petition may be filed for an office.
(3) "Campaign asset" means prepaid, purchased, or donated assets,
goods, or services available to the candidate's campaign committee on
the date specified in the filing required under division (F) of this
section that will be consumed, depleted, or used in the course of the
candidate's election campaign, including, but not limited to, postage,
rent for any campaign office, radio, television, and newspaper
advertising, and consulting and personal services.
(4) "Permitted funds" means one of the following:
(a) In the case of a disposal of excess funds under division (B)(1) of
this section, the sum of the primary carry-in amount and the product of
both of the following:
(i) The sum of the campaign committee's net cash on hand and the
campaign committee's total reported campaign assets on the day of the
primary election less the primary carry-in amount;
(ii) The ratio of the sum of the allowable aggregate contributions of
each contributor to the sum of all contributions received, during the
period extending from the first day on which, in accordance with
division (D) of section 3517.103 [3517.10.3] of the Revised Code, the
contribution limitations prescribed in section 3517.102 [3517.10.2] of
the Revised Code no longer apply to the campaign committee through the
end of the primary election period.
For the purposes of division (A)(4)(a) of this section, the allowable
aggregate contribution of each contributor is calculated as if the
limitations on contributions prescribed in section 3517.102 [3517.10.2]
of the Revised Code were in effect.
As used in division (A)(4)(a) of this section, "primary carry-in
amount" is the sum of the campaign committee's cash on hand and
reported campaign assets as reported on the campaign committee's
declaration of no limits filed pursuant to division (D) of section
3517.103 [3517.10.3] of the Revised Code.
(b) In the case of a disposal of excess funds under division (B)(5) of this section, the product of both of the following:
(i) The sum of the cash on hand and reported campaign assets at the end
of the thirty-first day of December immediately following the general
election;
(ii) The ratio of the sum of the allowable aggregate contributions of
each contributor and the general carry-in amount to the sum of all
contributions received during the general election period and the
general carry-in amount.
For the purposes of division (A)(4)(b) of this section, when a
candidate has filed a declaration of no limits under division (D)(2) of
section 3517.103 [3517.10.3] of the Revised Code, the allowable
aggregate contribution calculated for each contributor is calculated as
if the limitations on contributions prescribed in section 3517.102
[3517.10.2] of the Revised Code were in effect.
As used in division (A)(4)(b) of this section, "general carry-in
amount" is the sum of the campaign committee's reported campaign assets
and net cash on hand as of the day of the primary election, after the
committee has disposed of excess funds under division (B)(1) of this
section, if required. "General election period" has the same meaning as
in section 3517.102 [3517.10.2] of the Revised Code.
(5) "Excess funds" means the amount by which the sum of the campaign
committee's cash on hand on the date specified in the filing required
to be made under division (F) of this section and total reported
campaign assets exceeds permitted funds.
(6) "Net cash on hand" means the cash on hand on the day of the primary
election less the sum of all debts and obligations reported under
division (F) of this section.
(B) (1) Except as otherwise provided in division (G) of this
section, the campaign committee of any candidate who has filed a
declaration of no limits in accordance with division (D) of section
3517.103 [3517.10.3] of the Revised Code, and to which the contribution
limitations prescribed in section 3517.102 [3517.10.2] of the Revised
Code no longer apply during a primary election period, shall dispose of
any excess funds not later than fourteen days after the day on which
the primary election was held.
(2) The campaign committee of any candidate that has filed a personal
funds notice under division (C)(1) or (2) of section 3517.103
[3517.10.3] of the Revised Code shall, at the end of the primary
election period, do one of the following:
(a) Return that portion of the personal funds remaining in the
candidate's campaign committee fund at the end of the primary election
period that are excess funds not later than fourteen days after the day
on which the primary election was held;
(b) Retain the personal funds remaining in the candidate's campaign
committee fund at the end of the primary election period and file a
statement with the secretary of state declaring that the campaign
committee will retain those remaining personal funds in the committee's
campaign fund and indicating the amount of remaining personal funds
that would be characterized as excess funds.
(3) If a campaign committee elects to retain personal funds pursuant to
division (B)(2)(b) of this section, both of the following apply:
(a) The amount characterized as excess funds is considered to be an
expenditure of personal funds for the purpose of determining whether
the amount of personal funds the campaign committee has received under
division (C)(1) or (2) of section 3517.103 [3517.10.3] of the Revised
Code during an election period exceeds the amounts specified in those
divisions.
(b) The campaign committee is not a designated state campaign committee
for the purpose of making contributions to a legislative campaign fund
or to the state candidate fund of a state or county political party.
(4) Except as otherwise provided in division (G) of this section, the
campaign committee of any candidate that has expended personal funds in
excess of the amount specified in division (C)(1) or (2) of section
3517.103 [3517.10.3] of the Revised Code shall dispose of any excess
funds not later than fourteen days after the day on which the primary
election is held or the thirty-first day of December after the day on
which the general election was held, whichever is applicable, or choose
to retain personal funds under division (B)(2) of this section. The
calculation of excess funds under this division shall be made in the
same manner that a campaign committee is required to dispose of excess
funds under division (B)(1) or (5) of this section, whichever election
period is applicable. For the purposes of this division, the allowable
aggregate contribution of each contributor, including one or more
contributions from the candidate and from the candidate's spouse,
parents, children, sons-in-law, daughters-in-law, brothers, sisters,
grandparents, mothers-in-law, fathers-in-law, brothers-in-law,
sisters-in-law, or grandparents by marriage, is calculated for that
contributor as if the contribution limitations prescribed by section
3517.102 [3517.10.2] of the Revised Code were in effect.
(5) Except as otherwise provided in division (G) of this section, the
campaign committee of any candidate to which, in accordance with
division (D) of section 3517.103 [3517.10.3] of the Revised Code, the
contribution limitations prescribed in section 3517.102 [3517.10.2] of
the Revised Code no longer apply during a general election period shall
dispose of any excess funds not later than the thirty-first day of
December after the day on which the general election was held.
(6) Notwithstanding division (B) of section 3517.109 [3517.10.9] of the
Revised Code, the amount of excess aggregate contributions required to
be disposed of under that division by a candidate whose contribution
limitations have been reimposed pursuant to division (D)(4) of section
3517.103 [3517.10.3] of the Revised Code is limited to no more than the
sum of the following:
(a) The difference between the sum of the cash on hand and reported
campaign assets on the date of the declaration of candidacy filing
deadline, date of death, or date of withdrawal, whichever is
applicable, less the sum of the cash on hand and reported campaign
assets reported on the campaign committee's declaration of no limits
under division (D)(2) of section 3517.103 [3517.10.3] of the Revised
Code;
(b) The sum of the aggregate excess contributions of all contributors
made from the beginning of the primary election period to the day
immediately preceding the day on which contribution limitations
prescribed in section 3517.102 [3517.10.2] of the Revised Code became
inapplicable pursuant to division (D)(1) of section 3517.103
[3517.10.3] of the Revised Code.
(C) Any campaign committee that is required to dispose of excess
funds or excess aggregate contributions under division (B) of this
section shall dispose of the excess amount or amounts in accordance
with division (C) of section 3517.109 [3517.10.9] of the Revised Code.
(D) (1) Any candidate who knowingly fails to dispose of excess
funds or excess aggregate contributions as required by divisions (B)
and (C) of this section, except a candidate whose campaign committee
has been given a letter of substantial compliance as provided for in
division (D)(2) of this section, shall not appear on the ballot, even
if the candidate has been certified to appear on the ballot.
(2) The secretary of state shall, after initially examining and
reviewing any declaration provided for in division (F) of this section
and making a determination that a campaign committee has substantially
complied with the disposal requirements of division (B) of this
section, promptly issue to the candidate's campaign committee a letter
certifying that committee's substantial compliance.
(3) The campaign committee of a candidate for state office as defined
in division (A) of section 3517.109 [3517.10.9] of the Revised Code has
not substantially complied with the disposal requirements of division
(B) of this section if, upon initial review of a declaration filed
pursuant to division (F) of this section, it is discovered that the
candidate's campaign committee has failed to dispose of excess funds or
excess aggregate contributions totaling in the aggregate more than ten
thousand dollars.
(4) The campaign committee of a candidate for member of the general
assembly has not substantially complied with the disposal requirements
of division (B) of this section if, upon initial review of a
declaration filed pursuant to division (F) of this section, it is
discovered that the candidate's campaign committee has failed to
dispose of excess funds or excess aggregate contributions totaling in
the aggregate more than twenty-five hundred dollars.
(5) Any campaign committee that has received a letter indicating
substantial compliance as provided for in division (D)(2) of this
section shall, within thirty days after receiving such a letter, fully
comply with the disposal requirements of division (B) of this section.
(E) When the campaign committee of a candidate files a personal
funds notice in accordance with division (C), or a declaration of no
limits in accordance with division (D), of section 3517.103 [3517.10.3]
of the Revised Code, the campaign committee of each such candidate
shall file in the case of a primary election period a declaration of
primary-day finances not later than fourteen days after the day on
which the primary election was held, or shall file in the case of a
general election period a declaration of year-end finances not later
than the last business day of January of the next calendar year
immediately following the day on which the general election was held.
(F) The declaration of primary-day finances and declaration of
year-end finances shall be filed on a form prescribed by the secretary
of state and shall list all of the following:
(1) The amount of net cash on hand in the candidate's campaign
committee fund at the end of the day on which the primary election was
held or cash on hand on the thirty-first day of December immediately
following the day on which the general election was held, whichever is
appropriate;
(2) In the case of a declaration of primary-day finances, any debt or
other obligation incurred by the committee during the primary election
period and related to the primary election of the campaign committee's
candidate;
(3) The value and description of all campaign assets worth five hundred
dollars or more available to the candidate at the end of the day on
which the primary election was held or on the thirty-first day of
December immediately following the day on which the general election
was held;
(4) The total of all aggregate contributions received by the
candidate's campaign committee during the primary or general election
period;
(5) The total of all allowable aggregate contributions received by the
candidate's campaign committee during the primary or general election
period, whichever is applicable. The allowable aggregate contribution
of each contributor shall be calculated as if the contribution
limitations prescribed by section 3517.102 [3517.10.2] of the Revised
Code were in effect.
(6) A description of all excess funds and excess aggregate
contributions disposed of by the candidate's campaign committee in
accordance with division (B) of this section for that election.
(G) The campaign committee of a candidate is not required to
dispose of excess funds or excess aggregate contributions under
division (B) of this section if both of the following apply:
(1) The campaign committee has not accepted any aggregate contribution greater than the amount applicable under that division.
(2) The campaign committee files on a form, prescribed by the secretary
of state, with the official or board with which the candidate is
required to file statements under section 3517.11 of the Revised Code,
stating that the committee has not accepted aggregate contributions as
described in division (G)(1) of this section.
HISTORY: 147 v S 116 (Eff 12-9-97); 148 v H 119. Eff 12-22-99; 150 v H 262, § 1, eff. 5-7-04.
[§ 3517.10.11] § 3517.1011. Disbursements and contributions
for direct costs of producing or airing electioneering communication;
restrictions on use of contribution from corporation or labor
organization.
(A) As used in this section:
(1) "Address" has the same meaning as in section 3517.10 of the Revised Code.
(2) "Broadcast, cable, or satellite communication" means a
communication that is publicly distributed by a television station,
radio station, cable television system, or satellite system.
(3) "Contribution" means any loan, gift, deposit, forgiveness of
indebtedness, donation, advance, payment, or transfer of funds or of
anything of value, including a transfer of funds from an inter vivos or
testamentary trust or decedent's estate, and the payment by any person
other than the person to whom the services are rendered for the
personal services of another person, that is made, received, or used to
pay the direct costs of producing or airing electioneering
communications.
(4) (a) "Coordinated electioneering communication" means any
electioneering communication that is made pursuant to any arrangement,
coordination, or direction by a candidate or a candidate's campaign
committee, by an officer, agent, employee, or consultant of a candidate
or a candidate's campaign committee, or by a former officer, former
agent, former employee, or former consultant of a candidate or a
candidate's campaign committee prior to the airing, broadcasting, or
cablecasting of the communication. An electioneering communication is
presumed to be a "coordinated electioneering communication" when it is
either of the following:
(i) Based on information about a candidate's plans, projects, or needs
provided to the person making the disbursement by the candidate or the
candidate's campaign committee, by an officer, agent, employee, or
consultant of the candidate or the candidate's campaign committee, or
by a former officer, former agent, former employee, or former
consultant of the candidate or the candidate's campaign committee, with
a view toward having the communication made;
(ii) Made by or through any person who is, or has been, authorized to
raise or expend funds on behalf of a candidate or the candidate's
campaign committee, who is, or has been, an officer, agent, employee,
or consultant of the candidate or of the candidate's campaign
committee, or who is, or has been, receiving any form of compensation
or reimbursement from the candidate or the candidate's campaign
committee or from an officer, agent, employee, or consultant of the
candidate or of the candidate's campaign committee.
(b) An electioneering communication shall not be presumed to be a
"coordinated electioneering communication" under division (A)(4)(a)(ii)
of this section if the communication is made through any person who
provides a service that does not affect the content of the
communication, such as communications placed through the efforts of a
media buyer, unless that person also affects the content of the
communication.
(5) "Disclosure date" means both of the following:
(a) The first date during any calendar year by which a person makes
disbursements for the direct costs of producing or airing
electioneering communications aggregating in excess of ten thousand
dollars;
(b) The same day of the week of each remaining week in the same
calendar year as the day of the week of the initial disclosure date
established under division (A)(5)(a) of this section, if, during that
remaining week, the person makes disbursements for the direct costs of
producing or airing electioneering communications aggregating in excess
of one dollar.
(6) (a) "Electioneering communication" means any broadcast, cable, or
satellite communication that refers to a clearly identified candidate
and that is made during either of the following periods of time:
(i) If the person becomes a candidate before the day of the primary
election at which candidates will be nominated for election to that
office, between the date that the person becomes a candidate and the
thirtieth day prior to that primary election, and between the date of
the primary election and the thirtieth day prior to the general
election at which a candidate will be elected to that office;
(ii) If the person becomes a candidate after the day of the primary
election at which candidates were nominated for election to that
office, between the date of the primary election and the thirtieth day
prior to the general election at which a candidate will be elected to
that office.
(b) "Electioneering communication" does not include any of the following:
(i) A communication that is publicly disseminated through a means of
communication other than a broadcast, cable, or satellite television or
radio station. For example, "electioneering communication" does not
include communications appearing in print media, including a newspaper
or magazine, handbill, brochure, bumper sticker, yard sign, poster,
billboard, and other written materials, including mailings;
communications over the internet, including electronic mail; or
telephone communications.
(ii) A communication that appears in a news story, commentary, public
service announcement, bona fide news programming, or editorial
distributed through the facilities of any broadcast, cable, or
satellite television or radio station, unless those facilities are
owned or controlled by any political party, political committee, or
candidate;
(iii) A communication that constitutes an expenditure or an independent expenditure under section 3517.01 of the Revised Code;
(iv) A communication that constitutes a candidate debate or forum or
that solely promotes a candidate debate or forum and is made by or on
behalf of the person sponsoring the debate or forum.
(7) "Filing date" has the same meaning as in section 3517.109 [3517.10.9] of the Revised Code.
(8) "Immigration and Nationality Act" means the Immigration and
Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq., as
amended.
(9) "Person" has the same meaning as in section 1.59 of the Revised
Code and includes any political organization considered exempt from
income taxation under section 527 of the Internal Revenue Code.
(10) "Political committee" means any of the following:
(a) Any committee, club, association, or other group of persons that
receives contributions aggregating in excess of one thousand dollars
during a calendar year or that makes expenditures aggregating in excess
of one thousand dollars during a calendar year;
(b) Any separate segregated fund;
(c) Any state, county, or local committee of a political party that does any of the following:
(i) Receives contributions aggregating in excess of five thousand dollars during a calendar year;
(ii) Makes payments that do not constitute contributions or
expenditures aggregating in excess of five thousand dollars during a
calendar year;
(iii) Makes contributions or expenditures aggregating in excess of one thousand dollars during a calendar year.
(11) "Publicly distributed" means aired, broadcast, cablecast, or otherwise disseminated for a fee.
(12) "Refers to a clearly identified candidate" means that the
candidate's name, nickname, photograph, or drawing appears, or the
identity of the candidate is otherwise apparent through an unambiguous
reference to the person such as "the chief justice," "the governor,"
"member of the Ohio senate," "member of the Ohio house of
representatives," "county auditor," "mayor," or "township trustee" or
through an unambiguous reference to the person's status as a candidate.
(B) For the purposes of this section, a person shall be
considered to have made a disbursement if the person has entered into a
contract to make the disbursement.
(C) Any person intending to make a disbursement or disbursements
for the direct costs of producing or airing electioneering
communications, prior to making the first disbursement for the direct
costs of producing or airing an electioneering communication, shall
file a notice with the office of the secretary of state that the person
is intending to make such disbursements.
(D) (1) Every person that makes a disbursement or disbursements
for the direct costs of producing and airing electioneering
communications aggregating in excess of ten thousand dollars during any
calendar year shall file, within twenty-four hours of each disclosure
date, a disclosure of electioneering communications statement
containing the following information:
(a) The full name and address of the person making the disbursement, of
any person sharing or exercising direction or control over the
activities of the person making the disbursement, and of the custodian
of the books and accounts of the person making the disbursement;
(b) The principal place of business of the person making the disbursement, if not an individual;
(c) The amount of each disbursement of more than one dollar during the
period covered by the statement and the identity of the person to whom
the disbursement was made;
(d) The nominations or elections to which the electioneering
communications pertain and the names, if known, of the candidates
identified or to be identified;
(e) If the disbursements were paid out of a segregated bank account
that consists of funds contributed solely by individuals who are United
States citizens or nationals or lawfully admitted for permanent
residence as defined in section 101(a)(20) of the Immigration and
Nationality Act directly to the account for electioneering
communications, the information specified in division (D)(2) of this
section for all contributors who contributed an aggregate amount of two
hundred dollars or more to the segregated bank account and whose
contributions were used for making the disbursement or disbursements
required to be reported under division (D) of this section during the
period covered by the statement. Nothing in this division prohibits or
shall be construed to prohibit the use of funds in such a segregated
bank account for a purpose other than electioneering communications.
(f) If the disbursements were paid out of funds not described in
division (D)(1)(e) of this section, the information specified in
division (D)(2) of this section for all contributors who contributed an
aggregate amount of two hundred dollars or more to the person making
the disbursement and whose contributions were used for making the
disbursement or disbursements required to be reported under division
(D) of this section during the period covered by the statement.
(2) For each contributor for which information is required to be
reported under division (D)(1)(e) or (f) of this section, all of the
following shall be reported:
(a) The month, day, and year that the contributor made the contribution
or contributions aggregating two hundred dollars or more;
(b) (i) The full name and address of the contributor, and, if the
contributor is a political action committee, the registration number
assigned to the political action committee under division (D)(1) of
section 3517.10 of the Revised Code;
(ii) If the contributor is an individual, the name of the individual's
current employer, if any, or, if the individual is self-employed, the
individual's occupation and the name of the individual's business, if
any;
(iii) If the contribution is transmitted pursuant to section 3599.031
of the Revised Code from amounts deducted from the wages and salaries
of two or more employees that exceed in the aggregate one hundred
dollars during the period specified in division (D)(1)(e) or (f) of
this section, as applicable, the full name of the employees' employer
and the full name of the labor organization of which the employees are
members, if any.
(c) A description of the contribution, if other than money;
(d) The value in dollars and cents of the contribution.
(3) Subject to the secretary of state having implemented, tested, and
verified the successful operation of any system the secretary of state
prescribes pursuant to divisions (C)(6)(b) and (D)(6) of section
3517.10 and division (H)(1) of section 3517.106 [3517.10.6] of the
Revised Code for the filing of campaign finance statements by
electronic means of transmission, a person shall file the disclosure of
electioneering communications statement prescribed under divisions
(D)(1) and (2) of this section by electronic means of transmission to
the office of the secretary of state.
Within five business days after the secretary of state receives a
disclosure of electioneering communications statement under this
division, the secretary of state shall make available online to the
public through the internet, as provided in division (I) of section
3517.106 [3517.10.6] of the Revised Code, the contribution and
disbursement information in that statement.
If a filed disclosure of electioneering communications statement is
found to be incomplete or inaccurate after its examination for
completeness and accuracy pursuant to division (B)(3)(a) of section
3517.11 of the Revised Code, the person shall file by electronic means
of transmission to the office of the secretary of state any addendum,
amendment, or other correction to the statement that provides the
information necessary to complete or correct the statement or, if
required by the secretary of state under that division, an amended
statement.
Within five business days after the secretary of state receives an
addendum, amendment, or other correction to a disclosure of
electioneering communications statement or an amended statement by
electronic means of transmission under this division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state shall make the contribution and disbursement information in the
addendum, amendment, or other correction to the statement or amended
statement available online to the public through the internet as
provided in division (I) of section 3517.106 [3517.10.6] of the Revised
Code.
(E) (1) Any person who makes a contribution for the purpose of
funding the direct costs of producing or airing an electioneering
communication under this section shall provide the person's full name
and address to the recipient of the contribution at the time the
contribution is made.
(2) Any individual who makes a contribution or contributions
aggregating two hundred dollars or more for the purpose of funding the
direct costs of producing or airing an electioneering communication
under this section shall provide the name of the individual's current
employer, if any, or, if the individual is self-employed, the
individual's occupation and the name of the individual's business, if
any, to the recipient of the contribution at the time the contribution
is made.
(F) In each electioneering communication, a statement shall
appear or be presented in a clear and conspicuous manner that does both
of the following:
(1) Clearly indicates that the electioneering communication is not
authorized by the candidate or the candidate's campaign committee;
(2) Clearly identifies the person making the disbursement for the
electioneering communication in accordance with section 3517.20 of the
Revised Code.
(G) Any coordinated electioneering communication is an in-kind
contribution, subject to the applicable contribution limits prescribed
in section 3517.102 [3517.10.2] of the Revised Code, to the candidate
by the person making disbursements to pay the direct costs of producing
or airing the communication.
(H) No person shall make, during the thirty days preceding a
primary election or during the thirty days preceding a general
election, any broadcast, cable, or satellite communication that refers
to a clearly identified candidate using any contributions received from
a corporation or labor organization.
HISTORY: 150 v H 1, § 1, eff. 3-31-05.
[§ 3517.10.12] § 3517.1012. State or county political party
to establish restricted fund; filing of deposit and disbursement
statements.
(A) (1) Each state and county political party shall establish a
restricted fund that is separate from all other accounts of the
political party.
(2) A state or county political party shall deposit into its restricted
fund all public moneys received from the Ohio political party fund
under section 3517.17 of the Revised Code and all gifts that are made
to or accepted by the political party from a corporation or labor
organization subject to the applicable limitations prescribed in
division (X) of section 3517.13 of the Revised Code. A state or county
political party may deposit into its restricted fund any gifts that are
made to or accepted by the political party from a source other than a
corporation or labor organization.
(3) Moneys in a state or county political party's restricted fund may
be disbursed to pay costs incurred for any of the purposes specified in
division (A) of section 3517.18 of the Revised Code.
(B) Except as otherwise provided in this division, a state or
county political party shall file deposit and disbursement statements,
in the same manner as the party is required to file statements of
contributions and expenditures under section 3517.10 of the Revised
Code, regarding all deposits made into, and all disbursements made
from, the party's restricted fund. Deposit and disbursement statements
filed in accordance with this division by a county political party
shall be filed by electronic means of transmission to the office of the
secretary of state at the times specified in division (A) of section
3517.10 of the Revised Code for the filing of statements of
contributions and expenditures if the county political party accepts
gifts from a corporation or labor organization under division (A)(2) of
this section.
HISTORY: 150 v H 1, § 1, eff. 3-31-05.
[§ 3517.10.13] § 3517.1013. Gifts to Levin account.
(A) As used in this section:
(1) "Gift" means a gift, subscription, loan, advance, or deposit of
money, or anything of value given to a state political party that is
specifically designated and used to defray any cost incurred on or
after the effective date of this section for voter registration, voter
identification, get-out-the-vote, or generic campaign activities, and
that is not used for the purpose of directly influencing the election
of any individual candidate in any particular election for any office.
(2) "Address" has the same meaning as in section 3517.10 of the Revised Code.
(3) "Political party" means a major political party as defined in section 3501.01 of the Revised Code.
(B) (1) Notwithstanding section 3599.03 of the Revised Code, any
person, including a for-profit or nonprofit corporation, but not
including a public utility, may make a gift to a Levin account as
described in division (D) of this section, if the gift is specifically
designated and used to defray any cost incurred on or after the
effective date of this section for voter registration, voter
identification, get-out-the-vote, or generic campaign activities that
would not otherwise be considered a contribution or expenditure.
(2) (a) All gifts made by a corporation, nonprofit corporation, or
labor organization under division (B)(1) of this section shall be
limited to an aggregate amount of ten thousand dollars in a calendar
year in which a candidate for federal office will appear on a ballot at
an election to be held in this state.
(b) No corporation, nonprofit corporation, or labor organization shall
make a gift under division (B)(1) of this section in any year in which
no candidate for federal office will appear on the ballot at an
election to be held in this state.
(3) The limitation described in division (B)(2)(a) of this section is
in addition to any limitation described in section 3517.1012
[3517.10.12] or any other section of the Revised Code.
(C) (1) Each state political party that receives a gift under
this section shall file, by electronic means of transmission to the
office of the secretary of state, a full, true, and itemized statement
describing the gift received and the manner in which disbursements were
made from the account. The statement shall be filed at the same time as
and in conjunction with each filing of a deposit and disbursement
statement by the state political party in accordance with division (B)
of section 3517.1012 [3517.10.12] of the Revised Code.
(2) Each statement required under division (C)(1) of this section shall contain all of the following information:
(a) The full name and address of the state political party filing the
statement and the full name and address of the party's treasurer;
(b) A description of each gift received, which shall include all of the following:
(i) The month, day, and year on which the gift was received;
(ii) The full name and address of each donor of the gift;
(iii) The nature of the gift, if other than money;
(iv) The value of the gift in dollars and cents. Each gift received
shall be itemized separately, regardless of its amount or value.
(c) An itemization of the manner in which each disbursement was made, which shall include all of the following:
(i) The name and address of the recipient of the disbursement;
(ii) The date of the disbursement;
(iii) The amount of the disbursement;
(iv) The method by which the disbursement was made, such as by cash or check.
(d) The total value of gifts received and gifts disbursed during the reporting period.
(D) All monetary gifts given pursuant to this section shall be
deposited in an account separate from other funds and shall be
maintained in that separate account, which account shall be designated
a "Levin account." Moneys in a Levin account shall be used only for
voter registration, voter identification, get-out-the-vote, or generic
campaign activities that would not otherwise be considered a
contribution or expenditure.
(E) (1) No state political party shall fail to file a statement required to be filed under this section.
(2) No state political party shall knowingly fail to report, or shall
knowingly misrepresent, a gift required to be reported on a statement
required to be filed under this section.
(F) No state political party shall expend or use a gift received
under this section for a purpose other than to defray a cost incurred
on or after the effective date of this section for voter registration,
voter identification, get-out-the-vote, or generic campaign activities
that would not otherwise be considered a contribution or expenditure.
(G) (1) Before receiving a gift under this section, each state
political party shall appoint a treasurer and file, on a form
prescribed by the secretary of state, a designation of that
appointment. The designation shall include the full name and address of
the political party for which the person has been appointed treasurer.
The designation shall be filed with the secretary of state.
(2) The treasurer shall keep a strict account of all gifts required to be reported under this section.
(3) A state political party that has already filed the form required
under division (G)(1) of this section prior to receiving a contribution
or making an expenditure is considered to have met the requirements of
that division.
(H) Upon request, the secretary of state shall issue a receipt
for each statement filed under this section. The secretary of state
shall maintain a record of the filing for at least six years. All
statements filed under this section shall be open to public inspection
in the office in which they are filed.
HISTORY: 150 v H 1, § 1, eff. 3-31-05.
§ 3517.11. Filing of statements of receipts and expenditures.
(A) (1) Campaign committees of candidates for statewide office or
the state board of education, political action committees or political
contributing entities that make contributions to campaign committees of
candidates that are required to file the statements prescribed by
section 3517.10 of the Revised Code with the secretary of state,
political action committees or political contributing entities that
make contributions to campaign committees of candidates for member of
the general assembly, political action committees or political
contributing entities that make contributions to state and national
political parties and to legislative campaign funds, political action
committees or political contributing entities that receive
contributions or make expenditures in connection with a statewide
ballot issue, political action committees or political contributing
entities that make contributions to other political action committees
or political contributing entities, political parties, and campaign
committees, except as set forth in division (A)(3) of this section,
legislative campaign funds, and state and national political parties
shall file the statements prescribed by section 3517.10 of the Revised
Code with the secretary of state.
(2) (a) Except as otherwise provided in division (F) of section
3517.106 [3517.10.6] of the Revised Code, campaign committees of
candidates for all other offices shall file the statements prescribed
by section 3517.10 of the Revised Code with the board of elections
where their candidates are required to file their petitions or other
papers for nomination or election.
(b) A campaign committee of a candidate for office of member of the
general assembly or a campaign committee of a candidate for the office
of judge of a court of appeals shall file two copies of the printed
version of any statement, addendum, or amended statement if the
committee does not file pursuant to division (F)(1) or (L) of section
3517.106 [3517.10.6] of the Revised Code but files by printed version
only with the appropriate board of elections. The board of elections
shall send one of those copies by overnight delivery service to the
secretary of state before the close of business on the day the board of
elections receives the statement, addendum, or amended statement.
(3) Political action committees or political contributing entities that
only contribute to a county political party, contribute to campaign
committees of candidates whose nomination or election is to be
submitted only to electors within a county, subdivision, or district,
excluding candidates for member of the general assembly, and receive
contributions or make expenditures in connection with ballot questions
or issues to be submitted only to electors within a county,
subdivision, or district shall file the statements prescribed by
section 3517.10 of the Revised Code with the board of elections in that
county or in the county contained in whole or part within the
subdivision or district having a population greater than that of any
other county contained in whole or part within that subdivision or
district, as the case may be.
(4) Except as otherwise provided in division (E)(3) of section 3517.106
[3517.10.6] of the Revised Code with respect to state candidate funds,
county political parties shall file the statements prescribed by
section 3517.10 of the Revised Code with the board of elections of
their respective counties.
(B) (1) The official with whom petitions and other papers for
nomination or election to public office are filed shall furnish each
candidate at the time of that filing a copy of sections 3517.01,
3517.08 to 3517.11, 3517.13 to 3517.993 [3517.99.3], 3599.03, and
3599.031 [3599.03.1] of the Revised Code and any other materials that
the secretary of state may require. Each candidate receiving the
materials shall acknowledge their receipt in writing.
(2) On or before the tenth day before the dates on which statements are
required to be filed by section 3517.10 of the Revised Code, every
candidate subject to the provisions of this section and sections
3517.10 and 3517.106 [3517.10.6] of the Revised Code shall be notified
of the requirements and applicable penalties of those sections. The
secretary of state, by certified mail, return receipt requested, shall
notify all candidates required to file those statements with the
secretary of state's office. The board of elections of every county
shall notify by first class mail any candidate who has personally
appeared at the office of the board on or before the tenth day before
the statements are required to be filed and signed a form, to be
provided by the secretary of state, attesting that the candidate has
been notified of the candidate's obligations under the campaign finance
law. The board shall forward the completed form to the secretary of
state. The board shall use certified mail, return receipt requested, to
notify all other candidates required to file those statements with it.
(3) (a) Any statement required to be filed under sections 3517.081
[3517.08.1] to 3517.17 of the Revised Code that is found to be
incomplete or inaccurate by the officer to whom it is submitted shall
be accepted on a conditional basis, and the person who filed it shall
be notified by certified mail as to the incomplete or inaccurate nature
of the statement. The secretary of state may examine statements filed
for candidates for the office of member of the general assembly and
candidates for the office of judge of a court of appeals for
completeness and accuracy. The secretary of state shall examine for
completeness and accuracy statements that campaign committees of
candidates for the office of member of the general assembly and
campaign committees of candidates for the office of judge of a court of
appeals file pursuant to division (F) or (L) of section 3517.106
[3517.10.6] of the Revised Code. If an officer at the board of
elections where a statement filed for a candidate for the office of
member of the general assembly or for a candidate for the office of
judge of a court of appeals was submitted finds the statement to be
incomplete or inaccurate, the officer shall immediately notify the
secretary of state of its incomplete or inaccurate nature. If either an
officer at the board of elections or the secretary of state finds a
statement filed for a candidate for the office of member of the general
assembly or for a candidate for the office of judge of a court of
appeals to be incomplete or inaccurate, only the secretary of state
shall send the notification as to the incomplete or inaccurate nature
of the statement.
Within twenty-one days after receipt of the notice, in the case of a
pre-election statement, a postelection statement, a monthly statement,
an annual statement, or a semiannual statement prescribed by section
3517.10, an annual statement prescribed by section 3517.101
[3517.10.1], or a statement prescribed by division (B)(2)(b) or
(C)(2)(b) of section 3517.105 [3517.10.5] or section 3517.107
[3517.10.7] of the Revised Code, the recipient shall file an addendum,
amendment, or other correction to the statement providing the
information necessary to complete or correct the statement. The
secretary of state may require that, in lieu of filing an addendum,
amendment, or other correction to a statement that is filed by
electronic means of transmission to the office of the secretary of
state pursuant to section 3517.106 [3517.10.6] of the Revised Code, the
recipient of the notice described in this division file by electronic
means of transmission an amended statement that incorporates the
information necessary to complete or correct the statement.
The secretary of state shall determine by rule when an addendum,
amendment, or other correction to any of the following or when an
amended statement of any of the following shall be filed:
(i) A two-business-day statement prescribed by section 3517.10 of the Revised Code;
(ii) A disclosure of electioneering communications statement prescribed
by division (D) of section 3517.1011 [3517.10.11] of the Revised Code;
(iii) A deposit and disbursement statement prescribed under division (B) of section 3517.1012 [3517.10.12] of the Revised Code;
(iv) A gift and disbursement statement prescribed under section 3517.1013 [3517.10.13] of the Revised Code.
An addendum, amendment, or other correction to a statement that is
filed by electronic means of transmission pursuant to section 3517.106
[3517.10.6] of the Revised Code shall be filed in the same manner as
the statement.
The provisions of sections 3517.10, 3517.106 [3517.10.6], 3517.1011
[3517.10.11], 3517.1012 [3517.10.12], and 3517.1013 [3517.10.13] of the
Revised Code pertaining to the filing of statements of contributions
and expenditures, statements of independent expenditures, disclosure of
electioneering communications statements, deposit and disbursement
statements, and gift and disbursement statements by electronic means of
transmission apply to the filing of addenda, amendments, or other
corrections to those statements by electronic means of transmission and
the filing of amended statements by electronic means of transmission.
(b) Within five business days after the secretary of state receives, by
electronic or other means of transmission, an addendum, amendment, or
other correction to a statement or an amended statement under division
(B)(3)(a) of this section, the secretary of state, pursuant to
divisions (E), (F), (G), and (I) of section 3517.106 [3517.10.6] or
division (D) of section 3517.1011 [3517.10.11] of the Revised Code,
shall make the contribution and expenditure, contribution and
disbursement, deposit and disbursement, or gift and disbursement
information in that addendum, amendment, correction, or amended
statement available online to the public through the internet.
(4) (a) The secretary of state or the board of elections shall examine
all statements for compliance with sections 3517.08 to 3517.17 of the
Revised Code.
(b) The secretary of state may contract with an individual or entity
not associated with the secretary of state and experienced in
interpreting the campaign finance law of this state to conduct
examinations of statements filed by any statewide candidate, as defined
in section 3517.103 [3517.10.3] of the Revised Code.
(c) The examination shall be conducted by a person or entity qualified
to conduct it. The results of the examination shall be available to the
public, and, when the examination is conducted by an individual or
entity not associated with the secretary of state, the results of the
examination shall be reported to the secretary of state.
(C) (1) In the event of a failure to file or a late filing of a
statement required to be filed under sections 3517.081 [3517.08.1] to
3517.17 of the Revised Code, or if a filed statement or any addendum,
amendment, or other correction to a statement or any amended statement,
if an addendum, amendment, or other correction or an amended statement
is required to be filed, is incomplete or inaccurate or appears to
disclose a failure to comply with or a violation of law, the official
whose duty it is to examine the statement shall promptly file a
complaint with the Ohio elections commission under section 3517.153
[3517.15.3] of the Revised Code if the law is one over which the
commission has jurisdiction to hear complaints, or the official shall
promptly report the failure or violation to the board of elections and
the board shall promptly report it to the prosecuting attorney in
accordance with division (J) of section 3501.11 of the Revised Code. If
the official files a complaint with the commission, the commission
shall proceed in accordance with sections 3517.154 [3517.15.4] to
3517.157 [3517.15.7] of the Revised Code.
(2) For purposes of division (C)(1) of this section, a statement or an
addendum, amendment, or other correction to a statement or an amended
statement required to be filed under sections 3517.081 [3517.08.1] to
3517.17 of the Revised Code is incomplete or inaccurate under this
section if the statement, addendum, amendment, other correction, or
amended statement fails to disclose substantially all contributions or
gifts that are received or deposits that are made that are required to
be reported under sections 3517.10, 3517.107 [3517.10.7], 3517.108
[3517.10.8], 3517.1011 [3517.10.11], 3517.1012 [3517.10.12], and
3517.1013 [3517.10.13] of the Revised Code or if the statement,
addendum, amendment, other correction, or amended statement fails to
disclose at least ninety per cent of the total contributions or gifts
received or deposits made or of the total expenditures or disbursements
made during the reporting period.
(D) No certificate of nomination or election shall be issued to a
person, and no person elected to an office shall enter upon the
performance of the duties of that office, until that person or that
person's campaign committee, as appropriate, has fully complied with
this section and sections 3517.08, 3517.081 [3517.08.1], 3517.10, and
3517.13 of the Revised Code.
HISTORY: GC § 4785-187; 113 v 307(397), § 187; 122 v
325(365); Bureau of Code Revision, 10-1-53; 126 v 205(229); 127 v 45;
127 v 119; 127 v 741(755) (Eff 1-1-58); 129 v 1182 (Eff 9-14-61); 130 v
839 (Eff 8-26-63); 133 v H 1040 (Eff 9-14-70); 135 v S 46 (Eff
7-23-74); 140 v H 722 (Eff 4-4-85); 141 v H 639 (Eff 7-24-86); 141 v H
524 (Eff 3-17-87); 142 v H 708 (Eff 4-19-88); 143 v S 6 (Eff 10-30-89);
146 v S 8 (Eff 8-23-95); 146 v H 99 (Eff 8-23-95); 146 v S 9 (Eff
8-24-95); 147 v S 116 (Eff 12-9-97); 147 v S 134 (Eff 7-13-98); 148 v H
119 (Eff 12-22-99); 149 v H 445. Eff 12-23-2002; 150 v H 204, § 1,
eff. 11-5-04; 150 v H 1, § 1, eff. 3-31-05; 151 v S 115, § 1,
eff. 4-26-05.
§ 3517.12. Reports of expenditures on issues.
The circulator or the committee in charge of an initiative or
referendum petition, or supplementary petition for additional
signatures, for the submission of a constitutional amendment, proposed
law, section, or item of any law shall, within thirty days after such
petition papers are filed, file with the secretary of state, on a form
prescribed by the secretary of state, an itemized statement, made under
penalty of election falsification, showing in detail:
(A) All money or things of value paid, given, or promised for circulating such petitions;
(B) All appointments, promotions, or increases in salary, in positions
which were given or promised, or to obtain which assistance was given
or promised as a consideration for work done in circulating petitions;
(C) Full names and addresses, including street, city, and state, of all persons to whom such payments or promises were made;
(D) Full names and addresses, including street, city, and state, of all
persons who contributed anything of value to be used in circulating
such petitions;
(E) Time spent and salaries earned while soliciting signatures to
petitions by persons who were regular salaried employees of some person
or whom said employer authorized to solicit as part of their regular
duties.
If no money or things of value were paid or if no promises were made or
received as a consideration for work done in circulating such petition,
the statement shall contain words to that effect.
HISTORY: GC § 4785-188; 113 v 307(397), § 188; Bureau of Code
Revision, 10-1-53; 126 v 205(229) (Eff 1-1-56); 129 v 1267 (Eff
9-28-61); 133 v H 1040 (Eff 9-14-70); 138 v H 1062 (Eff 3-23-81); 141 v
H 639. Eff 7-24-86.
§ 3517.13. Prohibitions; disqualification concerning conducting business or awarding of contract.
(A) (1) No campaign committee of a statewide candidate shall fail
to file a complete and accurate statement required under division
(A)(1) of section 3517.10 of the Revised Code.
(2) No campaign committee of a statewide candidate shall fail to file a
complete and accurate monthly statement, and no campaign committee of a
statewide candidate or a candidate for the office of chief justice or
justice of the supreme court shall fail to file a complete and accurate
two-business-day statement, as required under section 3517.10 of the
Revised Code.
As used in this division, "statewide candidate" has the same meaning as
in division (F)(2) of section 3517.10 of the Revised Code.
(B) No campaign committee shall fail to file a complete and
accurate statement required under division (A)(1) of section 3517.10 of
the Revised Code.
(C) No campaign committee shall fail to file a complete and
accurate statement required under division (A)(2) of section 3517.10 of
the Revised Code.
(D) No campaign committee shall fail to file a complete and
accurate statement required under division (A)(3) or (4) of section
3517.10 of the Revised Code.
(E) No person other than a campaign committee shall knowingly
fail to file a statement required under section 3517.10 or 3517.107
[3517.10.7] of the Revised Code.
(F) No person shall make cash contributions to any person
totaling more than one hundred dollars in each primary, special, or
general election.
(G) (1) No person shall knowingly conceal or misrepresent
contributions given or received, expenditures made, or any other
information required to be reported by a provision in sections 3517.08
to 3517.13 and 3517.17 of the Revised Code.
(2) (a) No person shall make a contribution to a campaign committee,
political action committee, political contributing entity, legislative
campaign fund, political party, or person making disbursements to pay
the direct costs of producing or airing electioneering communications
in the name of another person.
(b) A person does not make a contribution in the name of another when either of the following applies:
(i) An individual makes a contribution from a partnership or other
unincorporated business account, if the contribution is reported by
listing both the name of the partnership or other unincorporated
business and the name of the partner or owner making the contribution
as required under division (I) of section 3517.10 of the Revised Code.
(ii) A person makes a contribution in that person's spouse's name or in both of their names.
(H) No person within this state, publishing a newspaper or other
periodical, shall charge a campaign committee for political advertising
a rate in excess of the rate such person would charge if the campaign
committee were a general rate advertiser whose advertising was directed
to promoting its business within the same area as that encompassed by
the particular office that the candidate of the campaign committee is
seeking. The rate shall take into account the amount of space used, as
well as the type of advertising copy submitted by or on behalf of the
campaign committee. All discount privileges otherwise offered by a
newspaper or periodical to general rate advertisers shall be available
upon equal terms to all campaign committees.
No person within this state, operating a radio or television station or
network of stations in this state, shall charge a campaign committee
for political broadcasts a rate that exceeds:
(1) During the forty-five days preceding the date of a primary election
and during the sixty days preceding the date of a general or special
election in which the candidate of the campaign committee is seeking
office, the lowest unit charge of the station for the same class and
amount of time for the same period;
(2) At any other time, the charges made for comparable use of that station by its other users.
(I) Subject to divisions (K), (L), (M), and (N) of this section,
no agency or department of this state or any political subdivision
shall award any contract, other than one let by competitive bidding or
a contract incidental to such contract or which is by force account,
for the purchase of goods costing more than five hundred dollars or
services costing more than five hundred dollars to any individual,
partnership, association, including, without limitation, a professional
association organized under Chapter 1785. of the Revised Code, estate,
or trust if the individual has made or the individual's spouse has
made, or any partner, shareholder, administrator, executor, or trustee
or the spouse of any of them has made, as an individual, within the two
previous calendar years, one or more contributions totaling in excess
of one thousand dollars to the holder of the public office having
ultimate responsibility for the award of the contract or to the public
officer's campaign committee.
(J) Subject to divisions (K), (L), (M), and (N) of this section,
no agency or department of this state or any political subdivision
shall award any contract, other than one let by competitive bidding or
a contract incidental to such contract or which is by force account,
for the purchase of goods costing more than five hundred dollars or
services costing more than five hundred dollars to a corporation or
business trust, except a professional association organized under
Chapter 1785. of the Revised Code, if an owner of more than twenty per
cent of the corporation or business trust or the spouse of that person
has made, as an individual, within the two previous calendar years,
taking into consideration only owners for all of that period, one or
more contributions totaling in excess of one thousand dollars to the
holder of a public office having ultimate responsibility for the award
of the contract or to the public officer's campaign committee.
(K) For purposes of divisions (I) and (J) of this section, if a
public officer who is responsible for the award of a contract is
appointed by the governor, whether or not the appointment is subject to
the advice and consent of the senate, excluding members of boards,
commissions, committees, authorities, councils, boards of trustees,
task forces, and other such entities appointed by the governor, the
office of the governor is considered to have ultimate responsibility
for the award of the contract.
(L) For purposes of divisions (I) and (J) of this section, if a
public officer who is responsible for the award of a contract is
appointed by the elected chief executive officer of a municipal
corporation, or appointed by the elected chief executive officer of a
county operating under an alternative form of county government or
county charter, excluding members of boards, commissions, committees,
authorities, councils, boards of trustees, task forces, and other such
entities appointed by the chief executive officer, the office of the
chief executive officer is considered to have ultimate responsibility
for the award of the contract.
(M) (1) Divisions (I) and (J) of this section do not apply to
contracts awarded by the board of commissioners of the sinking fund,
municipal legislative authorities, boards of education, boards of
county commissioners, boards of township trustees, or other boards,
commissions, committees, authorities, councils, boards of trustees,
task forces, and other such entities created by law, by the supreme
court or courts of appeals, by county courts consisting of more than
one judge, courts of common pleas consisting of more than one judge, or
municipal courts consisting of more than one judge, or by a division of
any court if the division consists of more than one judge. This
division shall apply to the specified entity only if the members of the
entity act collectively in the award of a contract for goods or
services.
(2) Divisions (I) and (J) of this section do not apply to actions of the controlling board.
(N) (1) Divisions (I) and (J) of this section apply to
contributions made to the holder of a public office having ultimate
responsibility for the award of a contract, or to the public officer's
campaign committee, during the time the person holds the office and
during any time such person was a candidate for the office. Those
divisions do not apply to contributions made to, or to the campaign
committee of, a candidate for or holder of the office other than the
holder of the office at the time of the award of the contract.
(2) Divisions (I) and (J) of this section do not apply to contributions
of a partner, shareholder, administrator, executor, trustee, or owner
of more than twenty per cent of a corporation or business trust made
before the person held any of those positions or after the person
ceased to hold any of those positions in the partnership, association,
estate, trust, corporation, or business trust whose eligibility to be
awarded a contract is being determined, nor to contributions of the
person's spouse made before the person held any of those positions,
after the person ceased to hold any of those positions, before the two
were married, after the granting of a decree of divorce, dissolution of
marriage, or annulment, or after the granting of an order in an action
brought solely for legal separation. Those divisions do not apply to
contributions of the spouse of an individual whose eligibility to be
awarded a contract is being determined made before the two were
married, after the granting of a decree of divorce, dissolution of
marriage, or annulment, or after the granting of an order in an action
brought solely for legal separation.
(O) No beneficiary of a campaign fund or other person shall
convert for personal use, and no person shall knowingly give to a
beneficiary of a campaign fund or any other person, for the
beneficiary's or any other person's personal use, anything of value
from the beneficiary's campaign fund, including, without limitation,
payments to a beneficiary for services the beneficiary personally
performs, except as reimbursement for any of the following:
(1) Legitimate and verifiable prior campaign expenses incurred by the beneficiary;
(2) Legitimate and verifiable ordinary and necessary prior expenses
incurred by the beneficiary in connection with duties as the holder of
a public office, including, without limitation, expenses incurred
through participation in nonpartisan or bipartisan events if the
participation of the holder of a public office would normally be
expected;
(3) Legitimate and verifiable ordinary and necessary prior expenses
incurred by the beneficiary while doing any of the following:
(a) Engaging in activities in support of or opposition to a candidate
other than the beneficiary, political party, or ballot issue;
(b) Raising funds for a political party, political action committee,
political contributing entity, legislative campaign fund, campaign
committee, or other candidate;
(c) Participating in the activities of a political party, political
action committee, political contributing entity, legislative campaign
fund, or campaign committee;
(d) Attending a political party convention or other political meeting.
For purposes of this division, an expense is incurred whenever a
beneficiary has either made payment or is obligated to make payment, as
by the use of a credit card or other credit procedure or by the use of
goods or services received on account.
(P) No beneficiary of a campaign fund shall knowingly accept, and
no person shall knowingly give to the beneficiary of a campaign fund,
reimbursement for an expense under division (O) of this section to the
extent that the expense previously was reimbursed or paid from another
source of funds. If an expense is reimbursed under division (O) of this
section and is later paid or reimbursed, wholly or in part, from
another source of funds, the beneficiary shall repay the reimbursement
received under division (O) of this section to the extent of the
payment made or reimbursement received from the other source.
(Q) No candidate or public official or employee shall accept for
personal or business use anything of value from a political party,
political action committee, political contributing entity, legislative
campaign fund, or campaign committee other than the candidate's or
public official's or employee's own campaign committee, and no person
shall knowingly give to a candidate or public official or employee
anything of value from a political party, political action committee,
political contributing entity, legislative campaign fund, or such a
campaign committee, except for the following:
(1) Reimbursement for legitimate and verifiable ordinary and necessary
prior expenses not otherwise prohibited by law incurred by the
candidate or public official or employee while engaged in any
legitimate activity of the political party, political action committee,
political contributing entity, legislative campaign fund, or such
campaign committee. Without limitation, reimbursable expenses under
this division include those incurred while doing any of the following:
(a) Engaging in activities in support of or opposition to another candidate, political party, or ballot issue;
(b) Raising funds for a political party, legislative campaign fund, campaign committee, or another candidate;
(c) Attending a political party convention or other political meeting.
(2) Compensation not otherwise prohibited by law for actual and
valuable personal services rendered under a written contract to the
political party, political action committee, political contributing
entity, legislative campaign fund, or such campaign committee for any
legitimate activity of the political party, political action committee,
political contributing entity, legislative campaign fund, or such
campaign committee.
Reimbursable expenses under this division do not include, and it is a
violation of this division for a candidate or public official or
employee to accept, or for any person to knowingly give to a candidate
or public official or employee from a political party, political action
committee, political contributing entity, legislative campaign fund, or
campaign committee other than the candidate's or public official's or
employee's own campaign committee, anything of value for activities
primarily related to the candidate's or public official's or employee's
own campaign for election, except for contributions to the candidate's
or public official's or employee's campaign committee.
For purposes of this division, an expense is incurred whenever a
candidate or public official or employee has either made payment or is
obligated to make payment, as by the use of a credit card or other
credit procedure, or by the use of goods or services on account.
(R) (1) Division (O) or (P) of this section does not prohibit a
campaign committee from making direct advance or post payment from
contributions to vendors for goods and services for which reimbursement
is permitted under division (O) of this section, except that no
campaign committee shall pay its candidate or other beneficiary for
services personally performed by the candidate or other beneficiary.
(2) If any expense that may be reimbursed under division (O), (P), or
(Q) of this section is part of other expenses that may not be paid or
reimbursed, the separation of the two types of expenses for the purpose
of allocating for payment or reimbursement those expenses that may be
paid or reimbursed may be by any reasonable accounting method,
considering all of the surrounding circumstances.
(3) For purposes of divisions (O), (P), and (Q) of this section,
mileage allowance at a rate not greater than that allowed by the
internal revenue service at the time the travel occurs may be paid
instead of reimbursement for actual travel expenses allowable.
(S) (1) As used in division (S) of this section:
(a) "State elective office" has the same meaning as in section 3517.092 [3517.09.2] of the Revised Code.
(b) "Federal office" means a federal office as defined in the Federal Election Campaign Act.
(c) "Federal campaign committee" means a principal campaign committee
or authorized committee as defined in the Federal Election Campaign
Act.
(2) No person who is a candidate for state elective office and who
previously sought nomination or election to a federal office shall
transfer any funds or assets from that person's federal campaign
committee for nomination or election to the federal office to that
person's campaign committee as a candidate for state elective office.
(3) No campaign committee of a person who is a candidate for state
elective office and who previously sought nomination or election to a
federal office shall accept any funds or assets from that person's
federal campaign committee for that person's nomination or election to
the federal office.
(T) (1) Except as otherwise provided in division (B)(6)(c) of
section 3517.102 [3517.10.2] of the Revised Code, a state or county
political party shall not disburse moneys from any account other than a
state candidate fund to make contributions to any of the following:
(a) A state candidate fund;
(b) A legislative campaign fund;
(c) A campaign committee of a candidate for the office of governor,
lieutenant governor, secretary of state, auditor of state, treasurer of
state, attorney general, member of the state board of education, or
member of the general assembly.
(2) No state candidate fund, legislative campaign fund, or campaign
committee of a candidate for any office described in division (T)(1)(c)
of this section shall knowingly accept a contribution in violation of
division (T)(1) of this section.
(U) No person shall fail to file the statement required under section 3517.12 of the Revised Code.
(V) No campaign committee shall fail to file a statement required
under division (K)(3) of section 3517.10 of the Revised Code.
(W) (1) No foreign national shall, directly or indirectly through
any other person or entity, make a contribution, expenditure, or
independent expenditure or promise, either expressly or implicitly, to
make a contribution, expenditure, or independent expenditure in support
of or opposition to a candidate for any elective office in this state,
including an office of a political party.
(2) No candidate, campaign committee, political action committee,
political contributing entity, legislative campaign fund, state
candidate fund, political party, or separate segregated fund shall
solicit or accept a contribution, expenditure, or independent
expenditure from a foreign national. The secretary of state may direct
any candidate, committee, entity, fund, or party that accepts a
contribution, expenditure, or independent expenditure in violation of
this division to return the contribution, expenditure, or independent
expenditure or, if it is not possible to return the contribution,
expenditure, or independent expenditure, then to return instead the
value of it, to the contributor.
(3) As used in division (W) of this section, "foreign national" has the
same meaning as in section 441e(b) of the Federal Election Campaign
Act.
(X) (1) No state or county political party shall transfer any
moneys from its restricted fund to any account of the political party
into which contributions may be made or from which contributions or
expenditures may be made.
(2) (a) No state or county political party shall deposit a contribution
or contributions that it receives into its restricted fund.
(b) No state or county political party shall make a contribution or an expenditure from its restricted fund.
(3) (a) No corporation or labor organization shall make a gift or gifts
from the corporation's or labor organization's money or property
aggregating more than ten thousand dollars to any one state or county
political party for the party's restricted fund in a calendar year.
(b) No state or county political party shall accept a gift or gifts for
the party's restricted fund aggregating more than ten thousand dollars
from any one corporation or labor organization in a calendar year.
(4) No state or county political party shall transfer any moneys in the
party's restricted fund to any other state or county political party.
(5) No state or county political party shall knowingly fail to file a
statement required under section 3517.1012 [3517.10.12] of the Revised
Code.
(Y) The administrator of workers' compensation and the employees
of the bureau of workers' compensation shall not conduct any business
with or award any contract, other than one awarded by competitive
bidding, for the purchase of goods costing more than five hundred
dollars or services costing more than five hundred dollars to any
individual, partnership, association, including, without limitation, a
professional association organized under Chapter 1785. of the Revised
Code, estate, or trust, if the individual has made, or the individual's
spouse has made, or any partner, shareholder, administrator, executor,
or trustee, or the spouses of any of those individuals has made, as an
individual, within the two previous calendar years, one or more
contributions totaling in excess of one thousand dollars to the
campaign committee of the governor or lieutenant governor or to the
campaign committee of any candidate for the office of governor or
lieutenant governor.
(Z) The administrator of workers' compensation and the employees
of the bureau of workers' compensation shall not conduct business with
or award any contract, other than one awarded by competitive bidding,
for the purchase of goods costing more than five hundred dollars or
services costing more than five hundred dollars to a corporation or
business trust, except a professional association organized under
Chapter 1785. of the Revised Code, if an owner of more than twenty per
cent of the corporation or business trust, or the spouse of the owner,
has made, as an individual, within the two previous calendar years,
taking into consideration only owners for all of such period, one or
more contributions totaling in excess of one thousand dollars to the
campaign committee of the governor or lieutenant governor or to the
campaign committee of any candidate for the office of governor or
lieutenant governor.
HISTORY: 135 v S 46 (Eff 7-23-74); 136 v H 1379 (Eff 6-23-76); 141 v H
300 (Eff 9-17-86); 141 v H 1053 (Eff 12-19-86); 143 v H 390 (Eff
1-17-90); 143 v H 514 (Eff 1-1-91); 146 v S 8 (Eff 8-23-95); 146 v H 99
(Eff 8-23-95); 146 v S 9 (Eff 8-24-95); 147 v S 116 (Eff 12-9-97); 147
v S 134 (Eff 7-13-98); 148 v H 119. Eff 12-22-99; 150 v H 1, § 1,
eff. 3-31-05; 151 v S 115, § 1, eff. 4-26-05; 151 v H 66, §
101.01, eff. 9-29-05.
§ 3517.14. Ohio elections commission created; members.
(A) There is hereby created the Ohio elections commission
consisting of five members, four of whom shall be appointed by the
secretary of state with the advice and consent of the senate. Of the
initial appointments by the secretary of state to the commission, one
shall be for a term ending July 23, 1975, one shall be for a term
ending July 23, 1976, one shall be for a term ending July 23, 1977, and
one shall be for a term ending July 23, 1978. Thereafter, terms of
office shall be for five years, each term ending on the same day of the
same month of the year as did the term which it succeeds. The length of
the term of office of each of the secretary of state's initial
appointees to membership on the commission shall be determined by lot
at the initial organizational meeting of the commission.
(B) In making the initial appointments to the commission, the
secretary of state shall appoint two persons each from a list of five
names submitted by the chairmen of the state central committee of each
of the two political parties having the highest total vote cast at the
previous election for the office of governor. The four members of the
commission so appointed shall by a majority vote appoint a fifth member
who is to serve as a member and as chairman of the commission for five
years from July 23, 1974. Thereafter, the term of office of the
chairman of the commission shall be for five years, each term ending on
the same day of the same month of the year as did the term which it
succeeds.
(C) Each member of the commission shall hold office from the date
of his appointment until the end of the term for which he was
appointed. Any member appointed to fill a vacancy occurring prior to
the expiration of the term for which his predecessor was appointed
shall hold office for the remainder of such term. Any member shall
continue in office subsequent to the expiration date of his term until
his successor takes office, or until a period of sixty days has
elapsed, whichever occurs first.
(D) A vacancy in the Ohio elections commission may be caused by
death, resignation, or three absences from commission meetings in a
calendar year, provided such absences are caused by reasons declared
insufficient by a majority vote of the remaining members of the
commission. Any vacancy in the position of chairman of the commission
shall be filled by a majority vote of the four other appointed members
of the commission. Upon any other vacancy occurring on the commission,
the secretary of state shall appoint a successor from a list of five
names submitted by the chairman of the central committee of the
political party from whose list of names the member being replaced was
appointed.
(E) Each member of the commission while in the performance of the
business of the commission shall be entitled to receive compensation at
the rate of fifty dollars per day and shall be reimbursed for expenses
actually and necessarily incurred in the performance of his duties.
(F) No member of the commission shall serve more than one full term.
(G) No person may hold or be a candidate for any public office or
serve on a committee supporting or opposing any issue or proposition at
the time he takes office or during the time he serves as a member of
the commission.
(H) The commission shall meet at the call of the chairman or upon
the written request of a majority of the members. The commission shall
adopt rules for its procedures. A majority of the members constitutes a
quorum. No action shall be taken without the concurrence of a majority
of the members.
(I) The secretary of state shall provide such technical,
professional, and clerical employees as are necessary, and any funding
that is necessary, for the commission to carry out its duties.
HISTORY: 135 v S 46 (Eff 7-23-74); 138 v S 251 (Eff 7-2-80); 142 v H 231. Eff 10-5-87.
§ 3517.15. Repealed.
Repealed, 146 v S 9, § 2 [135 v S 46; 140 v H 722; 141 v H 300; 142 v H 512; 146 v S 8]. Eff 8-24-95.
——————————
ELECTIONS COMMISSION
[§ 3517.15.1] § 3517.151. Transitional provisions for filing of complaints; prior elections commission abolished.
(A) On and after January 1, 1996, complaints with respect to acts
or failures to act under the sections listed in division (A) of section
3517.153 [3517.15.3] of the Revised Code shall be filed with the Ohio
elections commission created under section 3517.152 [3517.15.2] of the
Revised Code.
(B) (1) If a complaint filed with the Ohio elections commission
created under section 3517.152 [3517.15.2] of the Revised Code alleges
an act or failure to act that occurred before August 24, 1995, and the
commission imposes a fine, sections 3517.99 and 3517.991 [3517.99.1] of
the Revised Code, and not sections 3517.992 [3517.99.2] and 3517.993
[3517.99.3] of the Revised Code, shall apply.
(2) If a complaint filed with the Ohio elections commission created
under section 3517.152 [3517.15.2] of the Revised Code alleges an act
or failure to act that is a violation of section 3517.13 of the Revised
Code, former divisions (A) to (R) of that section apply to the act or
failure to act if it occurred before August 24, 1995, former divisions
(A) to (U) of that section apply to the act or failure to act if it
occurs on or after August 24, 1995, but before July 13, 1998, former
divisions (A) to (V) of that section apply to the act or failure to act
if it occurs on or after July 13, 1998, but before December 22, 1999,
former divisions (A) to (W) of that section apply to the act or failure
to act if it occurs on or after December 22, 1999, but before March 31,
2005, former divisions (A) to (X) of that section apply to the act or
failure to act if it occurs on or after March 31, 2005, and divisions
(A) to (Z) of that section apply to the act or failure to act if it
occurs on or after the effective date of this amendment.
(C) The Ohio elections commission created under section 3517.14
of the Revised Code is abolished at the close of business on December
31, 1995.
HISTORY: 146 v S 9 (Eff 8-24-95); 148 v H 119. Eff 12-22-99; 150 v H 1,
§ 1, eff. 3-31-05; 151 v H 66, § 101.01, eff. 9-29-05.
[§ 3517.15.2] § 3517.152. Elections commission created.
(A) (1) There is hereby created the Ohio elections commission consisting of seven members.
Not later than forty-five days after August 24, 1995, the speaker of
the house of representatives and the leader in the senate of the
political party of which the speaker is a member shall jointly submit
to the governor a list of five persons who are affiliated with that
political party. Not later than forty-five days after August 24, 1995,
the two legislative leaders in the two houses of the general assembly
of the major political party of which the speaker is not a member shall
jointly submit to the governor a list of five persons who are
affiliated with the major political party of which the speaker is not a
member. Not later than fifteen days after receiving each list, the
governor shall appoint three persons from each list to the commission.
The governor shall appoint one person from each list to a term that
ends on December 31, 1996, one person from each list to a term that
ends on December 31, 1997, and one person from each list to a term that
ends on December 31, 1998.
Not later than thirty days after the governor appoints these six
members, they shall, by a majority vote, appoint to the commission a
seventh member, who shall not be affiliated with a political party. If
the six members fail to appoint the seventh member within this
thirty-day period, the chief justice of the supreme court, not later
than thirty days after the end of the period during which the six
members were required to appoint a member, shall appoint the seventh
member, who shall not be affiliated with a political party. The seventh
member shall be appointed to a term that ends on December 31, 2001.
Terms of the initial members appointed under this division begin on
January 1, 1996.
(2) If a vacancy occurs in the position of the seventh member, who is
not affiliated with a political party, the six remaining members by a
majority vote shall appoint, not later than forty-five days after the
date of the vacancy, the seventh member of the commission, who shall
not be affiliated with a political party. If these members fail to
appoint the seventh member within this forty-five-day period, the chief
justice of the supreme court, within fifteen days after the end of this
period, shall appoint the seventh member, who shall not be affiliated
with a political party. If a vacancy occurs in any of the other six
positions on the commission, the legislative leaders of the political
party from whose list of persons the member being replaced was
appointed shall submit to the governor, not later than thirty days
after the date of the vacancy, a list of three persons who are
affiliated with that political party. Not later than fifteen days after
receiving the list, the governor, with the advice and consent of the
senate, shall appoint one person from the list to the commission.
(3) At no time shall more than six members of the commission be
affiliated with a political party, and, of these six members, not more
than three shall be affiliated with the same political party.
(4) In making appointments to the commission, the governor shall take
into consideration the various geographic areas of this state and shall
appoint members so that those areas are represented on the commission
in a balanced manner, to the extent feasible.
(5) Members of the commission shall be registered electors and shall be of good moral character.
(B) Each member of the Ohio elections commission shall hold
office from the date of the member's appointment until the end of the
term for which the member was appointed. A member appointed to fill a
vacancy occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the remainder
of that term. A member shall continue in office subsequent to the
expiration date of the member's term until the member's successor takes
office or until a period of sixty days has elapsed, whichever occurs
first. After the initial terms of office provided for in division
(A)(1) of this section, terms of office shall be for five years.
(C) A vacancy in the Ohio elections commission may be caused by
death, resignation, or three absences from commission meetings in a
calendar year if those absences are caused by reasons declared invalid
by a vote of five members of the remaining members of the commission.
(D) Each member of the Ohio elections commission while in the
performance of the business of the commission shall be entitled to
receive compensation at the rate of twenty-five thousand dollars per
year. Members shall be reimbursed for expenses actually and necessarily
incurred in the performance of their duties.
(E) No member of the Ohio elections commission shall serve more
than one full term unless the terms served are served nonconsecutively.
(F) (1) No member of the Ohio elections commission shall do or be any of the following:
(a) Hold, or be a candidate for, a public office;
(b) Serve on a committee supporting or opposing a candidate or ballot question or issue;
(c) Be an officer of the state central committee, a county central
committee, or a district, city, township, or other committee of a
political party or an officer of the executive committee of the state
central committee, a county central committee, or a district, city,
township, or other committee of a political party;
(d) Be a legislative agent as defined in section 101.70 of the Revised
Code or an executive agency lobbyist as defined in section 121.60 of
the Revised Code;
(e) Solicit or be involved in soliciting contributions on behalf of a
candidate, campaign committee, political party, political action
committee, or political contributing entity;
(f) Be in the unclassified service under section 124.11 of the Revised Code;
(g) Be a person or employee described in divisions (C)(1) to (15) of section 4117.01 of the Revised Code.
(2) No member or employee of the commission shall make a contribution
to, or for the benefit of, a campaign committee or committee in support
of or opposition to a ballot question or issue, a political party, a
legislative campaign fund, a political action committee, or a political
contributing entity.
(G) (1) The members of the Ohio elections commission shall elect
a chairperson and a vice-chairperson. At no time shall the chairperson
and vice-chairperson be affiliated with the same political party. The
chairperson shall serve in that capacity for one year and shall not
serve as chairperson more than twice during a term as a member of the
commission. No two successive chairpersons shall be affiliated with the
same political party.
(2) The commission shall meet at the call of the chairperson or upon
the written request of a majority of the members. The meetings and
hearings of the commission or a panel of the commission under sections
3517.153 [3517.15.3] to 3517.157 [3517.15.7] of the Revised Code are
subject to section 121.22 of the Revised Code.
(3) The commission shall adopt rules for its procedures in accordance
with Chapter 119. of the Revised Code. Five of the seven members
constitute a quorum. Except as otherwise provided in this section and
in sections 3517.154 [3517.15.4] to 3517.157 [3517.15.7] of the Revised
Code, no action shall be taken without the concurrence of a majority of
the members.
(H) (1) The Ohio elections commission shall employ the technical,
professional, and clerical employees that are necessary for it to carry
out its duties.
(2) (a) Notwithstanding section 109.02 of the Revised Code, the
commission shall employ a full-time attorney, and, as needed, one or
more investigatory attorneys to conduct investigations for the
commission or a panel of the commission. The commission may employ or
contract for the services of additional attorneys, as needed. The
full-time attorney shall do all of the following:
(i) Serve as the commission's attorney in regard to all legal matters,
including representing the commission at appeals from a final
determination of the commission, except that the full-time attorney
shall not perform the duties that an investigatory attorney is required
or requested to perform or that another attorney the commission employs
or contracts with for services is required or requested to perform, and
shall not represent the commission in any legal proceeding in which the
commission is a named party;
(ii) At the request of the commission or a panel of the commission, be
present at a hearing held under sections 3517.154 [3517.15.4] to
3517.156 [3517.15.6] of the Revised Code to rule on the admissibility
of evidence and to advise on the conduct of procedure;
(iii) Perform other duties as required by rule of the commission.
(b) An attorney employed by or under contract with the commission shall be licensed to practice law in this state.
(3) (a) Except as otherwise provided in division (H)(3)(b) of this
section, at least five members of the commission shall agree on the
employment of a person, a majority of the members shall agree on the
discharge of an employee, and a person employed by the commission shall
serve at the pleasure of the commission.
(b) At least five of the seven members shall agree on the discharge of an investigatory attorney.
(I) There is hereby created in the state treasury the Ohio
elections commission fund. All moneys credited to the fund shall be
used solely for the purpose of paying expenses related to the operation
of the Ohio elections commission.
HISTORY: 146 v S 9 (Eff 8-24-95); 147 v S 134 (Eff 7-13-98); 148 v H
283 (Eff 9-29-99); 148 v H 119. Eff 12-22-99; 150 v H 1, § 1, eff.
3-31-05; 151 v S 115, § 1, eff. 4-26-05.
[§ 3517.15.3] § 3517.153. Filing of complaint with
commission; commission may recommend legislation and render advisory
opinions.
(A) Upon the filing of a complaint with the Ohio elections
commission, which shall be made by affidavit of any person, on personal
knowledge, and subject to the penalties for perjury, or upon the filing
of a complaint made by the secretary of state or an official at the
board of elections, setting forth a failure to comply with or a
violation of any provision in sections 3517.08 to 3517.13, 3517.17,
3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 [3599.03.1] of the
Revised Code, the commission shall proceed in accordance with sections
3517.154 [3517.15.4] to 3517.157 [3517.15.7] of the Revised Code.
(B) The commission shall prescribe the form for complaints made
under division (A) of this section. The secretary of state and boards
of elections shall furnish the information that the commission
requests. The commission or a member of the commission may administer
oaths, and the commission may issue subpoenas to any person in the
state compelling the attendance of witnesses and the production of
relevant papers, books, accounts, and reports. Section 101.42 of the
Revised Code governs the issuance of subpoenas insofar as applicable.
Upon the refusal of any person to obey a subpoena or to be sworn or to
answer as a witness, the commission may apply to the court of common
pleas of Franklin county under section 2705.03 of the Revised Code. The
court shall hold proceedings in accordance with Chapter 2705. of the
Revised Code.
(C) No prosecution shall commence for 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 [3599.03.1] of the Revised Code unless a complaint
has been filed with the commission under this section and all
proceedings of the commission or a panel of the commission, as
appropriate, under sections 3517.154 [3517.15.4] to 3517.157
[3517.15.7] of the Revised Code are completed.
(D) The commission may recommend legislation and render advisory
opinions concerning sections 3517.08, 3517.082 [3517.08.2], 3517.092
[3517.09.2], 3517.102 [3517.10.2], 3517.103 [3517.10.3], 3517.105
[3517.10.5], 3517.13, 3517.18, 3517.20 to 3517.22, 3599.03, and
3599.031 [3599.03.1] of the Revised Code for persons over whose acts it
has or may have jurisdiction. When the commission renders an advisory
opinion relating to a specific set of circumstances involving any of
those sections stating that there is no violation of a provision in
those sections, the person to whom the opinion is directed or a person
who is similarly situated may reasonably rely on the opinion and is
immune from criminal prosecution and a civil action, including, without
limitation, a civil action for removal from public office or
employment, based on facts and circumstances covered by the opinion.
HISTORY: 146 v S 9. Eff 8-24-95.
[§ 3517.15.4] § 3517.154. Review of complaint by commission's
full-time attorney; recommendation; request for expedited hearing.
(A) (1) The full-time attorney for the Ohio elections commission
shall review each complaint filed with the commission under section
3517.153 [3517.15.3] of the Revised Code, shall determine the nature of
the complaint, and, unless division (A)(2)(a) of this section requires
that the complaint receive an automatic expedited hearing, shall make a
recommendation to the commission for its disposition, in accordance
with this section. The attorney shall make the determination and the
recommendation, if required, not later than one business day after the
complaint is filed.
(2) (a) If the attorney determines that the complaint sets forth a
violation of division (B) of section 3517.21 or division (B) of section
3517.22 of the Revised Code and that the complaint is filed during one
of the periods of time specified in division (B)(1) of section 3517.156
[3517.15.6] of the Revised Code, or that the complaint sets forth a
violation of section 3517.103 [3517.10.3] of the Revised Code or a
violation described in division (D) of section 3517.1010 [3517.10.10]
of the Revised Code, the complaint shall receive an automatic expedited
hearing under section 3517.156 [3517.15.6] of the Revised Code.
(b) If the attorney determines that the complaint sets forth a failure
to comply with or a violation of division (G), (I), (J), (O), (P), or
(Q) of section 3517.13, division (A) of section 3517.21, or division
(A) of section 3517.22 of the Revised Code and that the complaint is
filed during one of the periods of time specified in division (B)(1) of
section 3517.156 [3517.15.6] of the Revised Code, the attorney shall
recommend to the commission that the complaint receive an expedited
hearing under section 3517.156 [3517.15.6] of the Revised Code, and the
complaint shall receive such a hearing.
(c) If the attorney determines that the complaint sets forth a failure
to comply with or a violation of a section of the Revised Code over
which the commission has jurisdiction to hear complaints other than the
sections described in divisions (A)(2)(a) and (b) of this section, and
unless the attorney makes a determination as provided for in division
(A)(3) of this section, the attorney shall recommend to the commission
that the complaint be submitted to the commission under section
3517.155 [3517.15.5] of the Revised Code. After the attorney makes that
recommendation, the attorney shall notify all parties to the complaint
of the attorney's recommendation.
(3) (a) If a complaint sets forth a failure to comply with or a
violation of a section of the Revised Code over which the commission
has jurisdiction to hear complaints other than the sections described
in divisions (A)(2)(a) and (b) of this section and if the complaint is
filed during one of the periods of time specified in division (B)(1) of
section 3517.156 [3517.15.6] of the Revised Code, the attorney may
determine that the complaint should receive an expedited hearing under
that section. The attorney shall make that determination by considering
one or more of the following:
(i) The number of prior failures to comply with or violations of Title
XXXV of the Revised Code that the person or entity against whom the
complaint has been brought has committed and any prior penalties the
commission has imposed on the person or entity;
(ii) If the complaint involves a statement required to be filed under
section 3517.10, division (E) of section 3517.102 [3517.10.2], or
section 3517.103 [3517.10.3], 3517.105 [3517.10.5], 3517.107
[3517.10.7], 3517.108 [3517.10.8], 3517.109 [3517.10.9], 3517.1011
[3517.10.11], or 3517.1012 [3517.10.12] of the Revised Code or an
addendum required to be filed under section 3517.11 of the Revised Code
that is filed late, how late the filing is and how much time has
elapsed between the deadline for filing the statement or addendum and
the filing of the complaint;
(iii) If the complaint involves contributions and expenditures,
contributions and disbursements, deposits and disbursements, or gifts
and disbursements required to be reported under section 3517.10,
division (E) of section 3517.102 [3517.10.2], or section 3517.105
[3517.10.5], 3517.107 [3517.10.7], 3517.108 [3517.10.8], 3517.109
[3517.10.9], 3517.1011 [3517.10.11], or 3517.1012 [3517.10.12], or
3517.1013 [3517.10.13] of the Revised Code that are either not reported
or reported late, the number of contributions and expenditures,
contributions and disbursements, deposits and disbursements, or gifts
and disbursements not reported or how late they were reported;
(iv) If the complaint involves contributions required to be reported by
a campaign committee under section 3517.10, division (E) of section
3517.102 [3517.10.2], or section 3517.105 [3517.10.5], 3517.107
[3517.10.7], 3517.108 [3517.10.8], or 3517.109 [3517.10.9] of the
Revised Code that are not reported, whether any of the contributors of
the contributions not reported have a personal or professional
relationship with the campaign committee's candidate;
(v) If the complaint involves a statement required to be filed under
section 3517.10, division (E) of section 3517.102 [3517.10.2], or
section 3517.103 [3517.10.3], 3517.105 [3517.10.5], 3517.107
[3517.10.7], 3517.108 [3517.10.8], 3517.109 [3517.10.9], 3517.1011
[3517.10.11], or 3517.1012 [3517.10.12], or 3517.1013 [3517.10.13] of
the Revised Code that is incomplete, the degree to which it is
incomplete;
(vi) If the complaint involves the receipt of contributions in
violation of section 3599.03 of the Revised Code, the dollar amount and
number of contributions received in violation of that section;
(vii) If the complaint involves a failure to make the identification or
a misstatement of the identification required under section 3517.105
[3517.10.5] or 3517.20 of the Revised Code, whether the failure or
misstatement was purposely made;
(viii) If the complaint sets forth a failure to comply with or a
violation of a section of the Revised Code described in division
(A)(2)(c) of this section, whether the person or entity against whom
the complaint has been made has committed more than one such failure or
violation within a reasonable amount of time, or whether the cumulative
nature of the failures or violations indicates a systematic disregard
for the law.
(b) Prior to making a determination under division (A)(3)(a) of this
section that the complaint should receive an expedited hearing under
section 3517.156 [3517.15.6] of the Revised Code, the attorney shall
take into consideration the number of panels of the commission that
have cases pending before them and the number of cases pending before
the panels and shall not make a determination that will place an undue
burden on a panel of the commission.
(c) If the attorney determines that the complaint should receive an
expedited hearing under section 3517.156 [3517.15.6] of the Revised
Code, the attorney shall recommend to the commission that the complaint
receive an expedited hearing, and, if a majority of the members of the
commission agrees with the recommendation, the complaint shall receive
an expedited hearing under that section.
(4) The attorney may join two or more complaints if the attorney
determines that the allegations in each complaint are of the same or
similar character, are based on the same act or failure to act, or are
based on two or more acts or failures to act constituting parts of a
common scheme or plan. If one complaint contains two or more
allegations, the attorney may separate the allegations if they are not
of the same or similar character, if they are not based on the same act
or failure to act, or if they are not based on two or more acts or
failures to act constituting parts of a common scheme or plan. If the
attorney separates the allegations in a complaint, the attorney may
make separate recommendations under division (A)(2) or (3) of this
section for each allegation.
(B) Whenever a person or other entity files a complaint with the
commission setting forth a failure to comply with or a violation of a
section of the Revised Code as described in division (A)(2)(c) of this
section and the complaint is filed during one of the periods of time
specified in division (B)(1) of section 3517.156 [3517.15.6] of the
Revised Code, the person or entity may request an expedited hearing
under that section at the time the complaint is filed. The attorney for
the commission shall inform the members of the commission of that
request at the time the attorney makes a recommendation under division
(A) of this section. The commission may grant the request for an
expedited hearing under this division if it determines that an
expedited hearing is practicable.
HISTORY: 146 v S 9 (Eff 1-1-96); 147 v S 116 (Eff 12-9-97); 148 v H 119. Eff 12-22-99; 150 v H 1, § 1, eff. 3-31-05.
[§ 3517.15.5] § 3517.155. Commission's options after first hearing on complaint; sanctions for frivolous complaint.
(A) (1) Except as otherwise provided in division (B) of this
section, the Ohio elections commission shall hold its first hearing on
a complaint filed with it, other than a complaint that receives an
expedited hearing under section 3517.156 [3517.15.6] of the Revised
Code, not later than ninety business days after the complaint is filed
unless the commission has good cause to hold the hearing after that
time, in which case it shall hold the hearing not later than one
hundred eighty business days after the complaint is filed. At the
hearing, the commission shall determine whether or not the failure to
act or the violation alleged in the complaint has occurred and shall do
only one of the following, except as otherwise provided in division (B)
of this section or in division (B) of section 3517.151 [3517.15.1] of
the Revised Code:
(a) Enter a finding that good cause has been shown not to impose a fine
or not to refer the matter to the appropriate prosecutor;
(b) Impose a fine under section 3517.993 [3517.99.3] of the Revised Code;
(c) Refer the matter to the appropriate prosecutor;
(d) Direct the secretary of state or appropriate board of elections
with the authority to certify a candidate to the ballot to remove a
candidate's name from the ballot if the candidate is barred from the
ballot under division (D) of section 3517.1010 [3517.10.10] of the
Revised Code.
(2) As used in division (A) of this section, "appropriate prosecutor"
means a prosecutor as defined in section 2935.01 of the Revised Code
and either of the following:
(a) In the case of a failure to comply with or a violation of law
involving a campaign committee or the committee's candidate, a
political party, a legislative campaign fund, a political action
committee, or a political contributing entity, that is required to file
a statement of contributions and expenditures with the secretary of
state under division (A) of section 3517.11 of the Revised Code, the
prosecutor of Franklin county;
(b) In the case of a failure to comply with or a violation of law
involving any other campaign committee or committee's candidate, or any
other political party, political action committee, or political
contributing entity either of the following as determined by the
commission:
(i) The prosecutor of Franklin county;
(ii) The prosecutor of the county in which the candidacy or ballot
question or issue is submitted to the electors or, if it is submitted
in more than one county, the most populous of those counties.
(B) If the commission decides that the evidence is insufficient
for it to determine whether or not the failure to act or the violation
alleged in the complaint has occurred, the commission, by the
affirmative vote of five members, may request that an investigatory
attorney investigate the complaint. Upon that request, an investigatory
attorney shall make an investigation in order to produce sufficient
evidence for the commission to decide the matter. If the commission
requests an investigation under this division, for good cause shown by
the investigatory attorney, the commission may extend by sixty days the
deadline for holding its first hearing on the complaint as required in
division (A) of this section.
(C) The commission shall take one of the actions required under
division (A) of this section not later than thirty days after the close
of all the evidence presented.
(D) (1) The commission shall make any finding of a failure to
comply with or a violation of law in regard to a complaint that alleges
a violation of division (D) of section 3517.1010 [3517.10.10], division
(A) or (B) of section 3517.21, or division (A) or (B) of section
3517.22 of the Revised Code by clear and convincing evidence. The
commission shall make any finding of a failure to comply with or a
violation of law in regard to any other complaint by a preponderance of
the evidence.
(2) If the commission finds a violation of division (B) of section
3517.21 or division (B) of section 3517.22 of the Revised Code, it
shall refer the matter to the appropriate prosecutor under division
(A)(1)(c) of this section and shall not impose a fine under division
(A)(1)(b) of this section or section 3517.993 [3517.99.3] of the
Revised Code.
(E) In an action before the commission or a panel of the
commission, if the allegations of the complainant are not proved, and
the commission takes the action described in division (A)(1)(a) of this
section or a panel of the commission takes the action described in
division (C)(1) of section 3517.156 [3517.15.6] of the Revised Code,
the commission or a panel of the commission may find that the complaint
is frivolous, and, if the commission or panel so finds, the commission
shall order the complainant to pay reasonable attorney's fees and to
pay the costs of the commission or panel as determined by a majority of
the members of the commission. The costs paid to the commission or
panel under this division shall be deposited into the Ohio elections
commission fund.
HISTORY: 146 v S 9 (Eff 8-24-95); 147 v S 116 (Eff 12-9-97); 147 v S
134 (Eff 7-13-98); 148 v H 119. Eff 12-22-99; 150 v H 1, § 1, eff.
3-31-05; 151 v S 115, § 1, eff. 4-26-05.
[§ 3517.15.6] § 3517.156. Probable cause hearing by panel;
procedure for expedited hearing; petition for reconsideration after
dismissal.
(A) If a complaint filed with the Ohio elections commission is to
receive an expedited hearing pursuant to section 3517.154 [3517.15.4]
of the Revised Code, a panel of at least three members of the
commission shall hold a hearing on the complaint to determine whether
there is probable cause to refer the matter to the full commission for
a hearing under section 3517.155 [3517.15.5] of the Revised Code. Not
more than one-half of the members of a panel shall be affiliated with
the same political party. The chairperson of the commission shall call
for the selection of a panel, as needed, and shall select the members
of the panel by lot.
(B) (1) Except as otherwise provided in section 3517.154
[3517.15.4] of the Revised Code and divisions (B)(2) and (3) of this
section, the panel shall hold one expedited hearing on a complaint
forwarded to it by the commission for an expedited hearing in
accordance with this division. If a complaint is filed on or after the
sixtieth day prior to a primary or special election or on or after the
ninetieth day prior to the general election, but not later than the day
of the primary, special, or general election to which the complaint
relates, the hearing shall be held not later than two business days
after the determination required to be made under division (A) of
section 3517.154 [3517.15.4] of the Revised Code is made, unless the
panel has good cause to hold the hearing after that time, in which case
it shall hold the hearing not later than seven business days after that
determination is made. All members of the panel shall be present before
any official action may be taken, and a majority vote of the panel is
required for any official action.
(2) The commission shall hold a hearing on a complaint that is filed
prior to the periods of time specified in division (B)(1) of this
section, or filed after the date of the election to which the complaint
relates, at the times specified for hearing complaints in section
3517.155 [3517.15.5] of the Revised Code.
(3) The deadlines provided for in division (B)(1) of this section may
be extended by agreement of all parties to the complaint but shall not
be extended beyond the deadlines provided for in division (A) of
section 3517.155 [3517.15.5] of the Revised Code.
(C) At the expedited hearing held under division (B)(1) of this
section, the panel shall make only one of the following determinations:
(1) There is no probable cause to believe that the failure to comply
with or the violation of a law alleged in the complaint has occurred.
If the panel so determines, it shall dismiss the complaint.
(2) There is probable cause to believe that the failure to comply with
or the violation of a law alleged in the complaint has occurred. If the
panel so determines, it shall refer the complaint to the full
commission, and the commission shall hold a hearing on the complaint
under section 3517.155 [3517.15.5] of the Revised Code not later than
ten days after the complaint is referred to it by the panel.
(3) The evidence is insufficient for the panel to make a determination
under division (C)(1) or (2) of this section and further investigation
of the complaint is necessary. If the panel so determines, it
immediately shall request that an investigatory attorney investigate
the complaint, and an investigatory attorney shall make an
investigation in order to produce sufficient evidence upon which to
decide the matter. If the panel requests that an investigatory attorney
make an investigation, the complaint shall be referred to the full
commission, and the commission shall hold a hearing on the complaint
under section 3517.155 [3517.15.5] of the Revised Code.
(D) No panel of the commission shall impose a fine.
(E) If the panel dismisses the complaint under division (C)(1) of
this section, the person who made the complaint may petition the full
commission to reconsider the dismissal at a hearing under section
3517.155 [3517.15.5] of the Revised Code. A petition for
reconsideration shall be filed not later than two business days after
the dismissal of the complaint. The commission shall render its
decision on the petition not later than three business days after
receiving the petition. If the petition for reconsideration is granted,
the commission shall hold a hearing on the complaint under section
3517.155 [3517.15.5] of the Revised Code not later than five business
days after granting the petition.
If the petition for reconsideration is not granted, the commission
shall order the person who filed the complaint to pay reasonable
attorney's fees and to pay the costs of the panel that dismissed the
complaint as determined by a majority of the members of the commission.
The costs paid to the commission under this division shall be deposited
into the Ohio elections commission fund.
(F) As used in this section, "expedited hearing" includes an
automatic expedited hearing as prescribed in section 3517.154
[3517.15.4] of the Revised Code.
HISTORY: 146 v S 9 (Eff 1-1-96); 148 v H 119. Eff 12-22-99.
[§ 3517.15.7] § 3517.157. Time limits for filing complaint;
withdrawal; dismissal; hearing procedure; discussion outside meetings.
(A) A complaint shall be filed with the Ohio elections commission
within two years after the occurrence of the act or failure to act that
is the subject of the complaint, except that if the act or failure to
act involves fraud, concealment, or misrepresentation and was not
discovered during that two-year period, a complaint may be filed within
one year after discovery of such act or failure to act.
(B) Whoever files a complaint with the commission under section
3517.153 [3517.15.3] of the Revised Code may withdraw it at the
following times:
(1) If the complaint receives an expedited hearing under section
3517.156 [3517.15.6] of the Revised Code, at any time prior to the
hearing without the permission of the commission, or at any time after
the hearing begins but only with the permission of the commission;
(2) If the complaint does not receive an expedited hearing, at any time.
(C) The commission may dismiss a complaint pending before it or before a panel of the commission.
(D) The commission or a panel of the commission shall conduct
hearings in accordance with Chapter 119. of the Revised Code and the
Rules of Civil Procedure, except as they are inconsistent with rules
adopted by the commission. A party adversely affected by a final
determination of the commission may appeal from the determination under
section 119.12 of the Revised Code.
(E) The privilege granted to an attorney under section 2317.02 of
the Revised Code shall be granted to the full-time attorney employed by
the commission under division (H)(2) of section 3517.152 [3517.15.2] of
the Revised Code, and the commission or a panel of the commission shall
be considered the client of that attorney for purposes of that
privilege.
(F) The members of the commission shall not do either of the
following except at a meeting of the commission subject to section
121.22 of the Revised Code:
(1) Discuss among themselves a complaint pending before the commission or a panel of the commission;
(2) Discuss a complaint pending before the commission or a panel of the
commission with a party to the complaint, an attorney representing a
party to the complaint, or an investigatory attorney of the commission.
HISTORY: 146 v S 9. Eff 8-24-95.
——————————
POLITICAL PARTY FUND
§ 3517.16. Ohio political party fund created.
(A) There is hereby created in the state treasury the Ohio
political party fund. All moneys received as a result of individuals
exercising the checkoff option on their state income tax returns
provided for in section 5747.081 [5747.08.1] of the Revised Code shall
be deposited in the fund. The tax commissioner shall pay money from the
fund to the auditor of state and to political parties in the manner
described in division (B) of this section.
(B) (1) The auditor of state annually shall submit a report to
the tax commissioner estimating the costs that the auditor of state
will incur during that year in conducting audits under section 3517.17
of the Revised Code. The tax commissioner shall pay to the auditor of
state, from the Ohio political party fund, moneys sufficient to pay the
auditor of state's estimated costs of the audits referred to in this
division.
(2) After the costs of audits are deducted under division (B)(1) of
this section, the tax commissioner shall pay any moneys remaining in
the fund only to political parties qualifying for them under division
(B) of section 3517.17 of the Revised Code.
HISTORY: 142 v H 512. Eff 10-20-87; 150 v H 1, § 1, eff. 3-31-05.
§ 3517.17. Distribution of fund; duties of party treasurer; audits.
(A) At the beginning of each calendar quarter, after the costs of
audits are deducted under division (B)(1) of section 3517.16 of the
Revised Code, the tax commissioner shall divide any remaining moneys
that have accrued in the Ohio political party fund during the previous
quarter equally among all qualified political parties in the following
manner. Of the public moneys to which a party is entitled:
(1) One-half shall be paid to the treasurer of the state executive committee of the party;
(2) One-half shall be distributed to the treasurer of each county
executive committee of the various counties in accordance with the
ratio that the number of checkoffs in each county bears to the total
number of checkoffs, as determined by the tax commissioner.
Each party treasurer receiving public moneys from the Ohio political
party fund shall deposit those moneys into the party's restricted fund
created under section 3517.1012 [3517.10.12] of the Revised Code, shall
expend and maintain those moneys subject to the requirements of that
section and section 3517.18 of the Revised Code, and shall file deposit
and disbursement statements as required by division (B) of section
3517.1012 [3517.10.12] of the Revised Code. The auditor of state shall
annually audit the deposit and disbursement statements of the state
committee of a political party that is eligible to receive public
moneys collected during the previous year, to ascertain that all moneys
in the party's restricted fund are expended in accordance with law. The
auditor of state shall audit the deposit and disbursement statements of
each county committee of such a political party to ascertain that all
moneys in the party's restricted fund are expended in accordance with
law at the time of the public office audit of that county under Chapter
117. of the Revised Code.
(B) Only major political parties, as defined in section 3501.01
of the Revised Code, may apply for public moneys from the Ohio
political party fund. At the end of each even-numbered calendar year,
the secretary of state shall announce the names of all such political
parties, indicating that they may apply to receive such moneys during
the ensuing two years. Any political party named at this time may, not
later than the last day of January of the ensuing odd-numbered year,
make application with the tax commissioner to receive public moneys. A
political party that fails to make a timely application shall not
receive public moneys during that two-year period. The tax commissioner
shall prescribe an appropriate application form. Moneys from the fund
shall be provided during the appropriate two-year period to each
political party that makes a timely application in accordance with this
division.
HISTORY: 142 v H 512 (Eff 10-20-87); 144 v H 298. Eff 7-26-91; 150 v H 1, § 1, eff. 3-31-05.
§ 3517.18. Permitted uses of funds; advisory opinions.
(A) A political party receiving moneys from the Ohio political
party fund may expend the moneys only for the following purposes:
(1) The defraying of operating and maintenance costs associated with
political party headquarters, including rental or leasing costs, staff
salaries, office equipment and supplies, postage, and the purchase,
lease, or maintenance of computer hardware and software;
(2) The organization of voter registration programs and
get-out-the-vote campaigns and the costs associated with voter
registration and get-out-the-vote activities, including, but not
limited to, rental costs for booth spaces at fairs, festivals, or
similar events if voter registration forms are available at those
booths, printing costs for registration forms, mailing costs for
communications soliciting voter registration, and payments for the
services of persons conducting voter registration and get-out-the-vote
activities;
(3) The administration of party fund-raising drives;
(4) Paid advertisements in the electronic or printed media, sponsored
jointly by two or more qualified political parties, to publicize the
Ohio political party fund and to encourage taxpayers to support the
income tax checkoff program;
(5) Direct mail campaigns or other communications with the registered
voters of a party that are not related to any particular candidate or
election;
(6) The preparation of reports required by law.
(B) (1) Moneys from the Ohio political party fund shall not be used for any of the following purposes:
(a) To further the election or defeat of any particular candidate or to
influence directly the outcome of any candidate or issue election;
(b) To pay party debts incurred as the result of any election;
(c) To make a payment clearly in excess of the market value of the item or service that is received for the payment.
(2) Moneys from the Ohio political party fund that are used as rental
costs for booth spaces at fairs, festivals, or similar events, at which
candidates are present or informational materials about candidates are
available, are not used in violation of division (B)(1)(a) of this
section if voter registration forms also are available at those booths
and booth space is available for use by all candidates of the party
renting the booth.
(C) If there is a question about the legitimacy of a party
expenditure of public moneys, a designated agent of a political party
receiving moneys from the Ohio political party fund may request the
Ohio elections commission for an advisory opinion on the matter prior
to making an expenditure of those public moneys. The commission shall
afford the highest priority to a request made under this division.
HISTORY: 142 v H 512 (Eff 10-20-87); 146 v S 8. Eff 8-23-95.
§ 3517.19. Party may sell mailing lists to financial institution for credit card promotions.
(A) As used in this section:
(1) "Financial institution" means a bank, savings and loan association,
or credit union with its principal office in this state.
(2) "Political party" means only a major political party.
(B) A state political party may sell or lease its contributor,
membership, or mailing lists, or any other lists upon which the party
and a financial institution may agree, to any financial institution for
either or both of the following purposes:
(1) Allowing the financial institution to use the name or logo of the
political party on credit cards that it issues to persons identified on
or through the contributor, membership, mailing, or other lists;
(2) Allowing the financial institution to use the name and goodwill of
the political party in marketing its credit card program to persons
identified on or through the contributor, membership, mailing, or other
lists.
HISTORY: 143 v S 6. Eff 10-30-89.
§ 3517.20. Identification of source of political communication; spending limits.
(A) (1) As used in this section:
(a) "Political publication for or against a candidate" means a notice,
placard, advertisement, sample ballot, brochure, flyer, direct mailer,
or other form of general publication that is designed to promote the
nomination, election, or defeat of a candidate.
(b) "Political publication for or against an issue" means a notice,
placard, advertisement, sample ballot, brochure, flyer, direct mailer,
or other form of general publication that is designed to promote the
adoption or defeat of a ballot issue or question or to influence the
voters in an election.
(c) "Public political advertising" means newspapers, magazines, outdoor
advertising facilities, direct mailings, or other similar types of
general public political advertising, or flyers, handbills, or other
nonperiodical printed matter.
(d) "Statewide candidate" has the same meaning as in section 3517.102 [3517.10.2] of the Revised Code.
(e) "Legislative candidate" means a candidate for the office of member of the general assembly.
(f) "Local candidate" means a candidate for an elective office of a political subdivision of this state.
(g) "Legislative campaign fund" has the same meaning as in section 3517.01 of the Revised Code.
(h) "Limited political action committee" means a political action committee of fewer than ten members.
(i) "Limited political contributing entity" means a political contributing entity of fewer than ten members.
(j) "Designated amount" means one hundred dollars in the case of a
local candidate or a local ballot issue, two hundred fifty dollars in
the case of a legislative candidate, or five hundred dollars in the
case of a statewide candidate or a statewide ballot issue.
(k) "To issue" includes to print, post, distribute, reproduce for
distribution, or cause to be issued, printed, posted, distributed, or
reproduced for distribution.
(l) "Telephone bank" means more than five hundred telephone calls of an
identical or substantially similar nature within any thirty-day period,
whether those telephone calls are made by individual callers or by
recording.
(2) No candidate, campaign committee, legislative campaign fund,
political party, or other entity, except a political action committee
or political contributing entity, shall issue a form of political
publication for or against a candidate, or shall make an expenditure
for the purpose of financing political communications in support of or
opposition to a candidate through public political advertising, unless
the name and residence or business address of the candidate or the
chairperson, treasurer, or secretary of the campaign committee,
legislative campaign fund, political party, or other entity that issues
or otherwise is responsible for that political publication or that
makes an expenditure for that political communication appears in a
conspicuous place on that political publication or is contained within
that political communication.
(3) No limited political action committee or limited political
contributing entity shall do either of the following unless the name
and residence or business address of the chairperson, treasurer, or
secretary of the limited political action committee or limited
political contributing entity involved appears in a conspicuous place
in the political publication for or against a candidate described in
division (A)(3)(a) of this section or is contained within the political
communication described in division (A)(3)(b) of this section:
(a) Issue a form of political publication for or against a candidate
that costs in excess of the designated amount or that is issued in
cooperation, consultation, or concert with, or at the request or
suggestion of, a candidate, a campaign committee, a legislative
campaign fund, a political party, a political action committee with ten
or more members, a political contributing entity with ten or more
members, or a limited political action committee or limited political
contributing entity that spends in excess of the designated amount on a
related or the same or similar political publication for or against a
candidate;
(b) Make an expenditure in excess of the designated amount in support
of or opposition to a candidate or make an expenditure in cooperation,
consultation, or concert with, or at the request or suggestion of, a
candidate, a campaign committee, a legislative campaign fund, a
political party, a political action committee with ten or more members,
a political contributing entity with ten or more members, or a limited
political action committee or limited political contributing entity
that spends in excess of the designated amount in support of or
opposition to the same candidate, for the purpose of financing
political communications in support of or opposition to that candidate
through public political advertising.
(4) No political action committee with ten or more members and no
political contributing entity with ten or more members shall issue a
form of political publication for or against a candidate, or shall make
an expenditure for the purpose of financing political communications in
support of or opposition to a candidate through public political
advertising, unless the name and residence or business address of the
chairperson, treasurer, or secretary of the political action committee
or political contributing entity that issues or otherwise is
responsible for that political publication or that makes an expenditure
for that political communication through public political advertising
appears in a conspicuous place in that political publication or is
contained within that political communication.
(5) No corporation, labor organization, campaign committee, legislative
campaign fund, political party, or other entity, except a political
action committee, shall issue a form of political publication for or
against an issue, or shall make an expenditure for the purpose of
financing political communications in support of or opposition to a
ballot issue or question through public political advertising, unless
the name and residence or business address of the chairperson,
treasurer, or secretary of the corporation, labor organization,
campaign committee, legislative campaign fund, political party, or
other entity that issues or otherwise is responsible for that political
publication or that makes an expenditure for that political
communication through public political advertising appears in a
conspicuous place in that political publication or is contained within
that political communication.
(6) No limited political action committee shall do either of the
following unless the name and residence or business address of the
chairperson, treasurer, or secretary of the limited political action
committee involved appears in a conspicuous place in the political
publication for or against a ballot issue described in division
(A)(6)(a) of this section or is contained within the political
communication described in division (A)(6)(b) of this section:
(a) Issue a form of political publication for or against a ballot issue
that costs in excess of the designated amount or that is issued in
cooperation, consultation, or concert with, or at the request or
suggestion of, a candidate, a campaign committee, a legislative
campaign fund, a political party, a political action committee with ten
or more members, or a limited political action committee that spends in
excess of the designated amount for a related or the same or similar
political publication for or against an issue;
(b) Make an expenditure in excess of the designated amount in support
of or opposition to a ballot issue or make an expenditure in
cooperation, consultation, or concert with, or at the request or
suggestion of, a candidate, a campaign committee, a legislative
campaign fund, a political party, a political action committee with ten
or more members, or a limited political action committee that spends in
excess of the designated amount in support of or opposition to the same
ballot issue, for the purpose of financing political communications in
support of or opposition to that ballot issue through public political
advertising.
(7) No political action committee with ten or more members shall issue
a form of political publication for or against an issue, or shall make
an expenditure for the purpose of financing political communications in
support of or opposition to a ballot issue or question through public
political advertising, unless the name and residence or business
address of the chairperson, treasurer, or secretary of the political
action committee that issues or otherwise is responsible for that
political publication or that makes an expenditure for that political
communication appears in a conspicuous place in that political
publication or is contained within that political communication.
(8) The disclaimer "paid political advertisement" is not sufficient to meet the requirements of this section.
(9) If the political publication described in division (A) of this
section is issued by the regularly constituted central or executive
committee of a political party that is organized as provided in this
chapter, it shall be sufficiently identified if it bears the name of
the committee and its chairperson or treasurer.
(10) If more than one piece of printed matter or printed political
communications are mailed as a single packet, the requirements of
division (A) of this section are met if one of the pieces of printed
matter or printed political communications in the packet contains the
name and residence or business address of the chairperson, treasurer,
or secretary of the organization or entity that issues or is
responsible for the printed matter or other printed political
communications.
(11) This section does not apply to the transmittal of personal
correspondence that is not reproduced by machine for general
distribution.
(12) The secretary of state, by rule, may exempt from the requirements
of this section, printed matter and certain other kinds of printed
communications such as campaign buttons, balloons, pencils, or similar
items, the size or nature of which makes it unreasonable to add an
identification or disclaimer.
(13) The disclaimer or identification described in division (A) of this
section, when paid for by a campaign committee, shall be identified by
the words "paid for by" followed by the name and address of the
campaign committee and the appropriate officer of the committee,
identified by name and title. The identification or disclaimer may use
reasonable abbreviations for common terms such as "treasurer" or
"committee".
(B) (1) No candidate, campaign committee, legislative campaign
fund, political party, political action committee, limited political
action committee, political contributing entity, limited political
contributing entity, or other entity shall utter or cause to be
uttered, over the broadcasting facilities of any radio or television
station within this state, any communication that is designed to
promote the nomination, election, or defeat of a candidate, or the
adoption or defeat of an issue or to influence the voters in an
election, unless the speaker identifies the speaker with the speaker's
name and residence address or unless the communication identifies the
chairperson, treasurer, or secretary of the organization responsible
for the communication with the name and residence or business address
of that officer, except that communications by radio need not broadcast
the residence or business address of the officer. However, a radio
station, for a period of at least six months, shall keep the residence
or business address on file and divulge it to any person upon request.
No person operating a broadcast station or an organ of printed media
shall broadcast or print a paid political communication that does not
contain the identification required by this section.
(2) Division (B) of this section does not apply to any communications
made on behalf of a radio or television station or network by any
employee of such radio or television station or network while acting in
the course of the employee's employment.
(3) No candidate or entity described in division (B)(1) of this section
shall use or cause to be used a false, fictitious, or fraudulent name
or address in the making or issuing of a publication or communication
included within the provisions of this section.
(C) No candidate, campaign committee, legislative campaign fund,
political party, political action committee, limited political action
committee, political contributing entity, limited political
contributing entity, or other person or entity shall conduct a
telephone bank for the purpose of promoting the nomination, election,
or defeat of a candidate or the adoption or defeat of an issue or to
influence the voters in an election, unless the call includes a
disclaimer that identifies the name of the candidate, campaign
committee, legislative campaign fund, political party, political action
committee, limited political action committee, political contributing
entity, limited political contributing entity, or other person or
entity paying for the telephone bank.
(D) Before a prosecution may commence under this section, a
complaint shall be filed with the Ohio elections commission under
section 3517.153 [3517.15.3] of the Revised Code. After the complaint
is filed, the commission shall proceed in accordance with sections
3517.154 [3517.15.4] to 3517.157 [3517.15.7] of the Revised Code.
HISTORY: GC § 4785-198; 113 v 307(401), § 198; Bureau of Code
Revision, RC § 3599.09, 10-1-53; 127 v 203 (Eff 9-17-59); 129 v
244 (Eff 10-16-61); 130 v 844 (Eff 8-19-63); 136 v H 804 (Eff 10-1-76);
138 v S 251 (Eff 7-2-80); 138 v H 1062 (Eff 3-23-81); 140 v H 722 (Eff
4-4-85); 141 v H 555 (Eff 2-26-86); RC § 3517.20, 146 v H 99 (Eff
8-22-95); 146 v S 9 (Eff 8-24-95); 147 v S 134. Eff 7-13-98; 150 v H 1,
§ 1, eff. 3-31-05; 151 v S 115, § 1, eff. 4-26-05.
§ 3517.21. Infiltration of campaign prohibited; false statements.
(A) No person, during the course of any campaign for nomination
or election to public office or office of a political party, shall
knowingly and with intent to affect the outcome of such campaign do any
of the following:
(1) Serve, or place another person to serve, as an agent or employee in
the election campaign organization of a candidate for the purpose of
acting to impede the conduct of the candidate's campaign for nomination
or election or of reporting information to the employee's employer or
the agent's principal without the knowledge of the candidate or the
candidate's organization;
(2) Promise, offer, or give any valuable thing or valuable benefit to
any person who is employed by or is an agent of a candidate or a
candidate's election campaign organization for the purpose of
influencing the employee or agent with respect to the improper
discharge of the employee's or agent's campaign duties or to obtain
information about the candidate or the candidate's campaign
organization.
(B) No person, during the course of any campaign for nomination
or election to public office or office of a political party, by means
of campaign materials, including sample ballots, an advertisement on
radio or television or in a newspaper or periodical, a public speech,
press release, or otherwise, shall knowingly and with intent to affect
the outcome of such campaign do any of the following:
(1) Use the title of an office not currently held by a candidate in a
manner that implies that the candidate does currently hold that office
or use the term "re-elect" when the candidate has never been elected at
a primary, general, or special election to the office for which he or
she is a candidate;
(2) Make a false statement concerning the formal schooling or training
completed or attempted by a candidate; a degree, diploma, certificate,
scholarship, grant, award, prize, or honor received, earned, or held by
a candidate; or the period of time during which a candidate attended
any school, college, community technical school, or institution;
(3) Make a false statement concerning the professional, occupational,
or vocational licenses held by a candidate, or concerning any position
the candidate held for which the candidate received a salary or wages;
(4) Make a false statement that a candidate or public official has been
indicted or convicted of a theft offense, extortion, or other crime
involving financial corruption or moral turpitude;
(5) Make a statement that a candidate has been indicted for any crime
or has been the subject of a finding by the Ohio elections commission
without disclosing the outcome of any legal proceedings resulting from
the indictment or finding;
(6) Make a false statement that a candidate or official has a record of treatment or confinement for mental disorder;
(7) Make a false statement that a candidate or official has been
subjected to military discipline for criminal misconduct or
dishonorably discharged from the armed services;
(8) Falsely identify the source of a statement, issue statements under
the name of another person without authorization, or falsely state the
endorsement of or opposition to a candidate by a person or publication;
(9) Make a false statement concerning the voting record of a candidate or public official;
(10) Post, publish, circulate, distribute, or otherwise disseminate a
false statement concerning a candidate, either knowing the same to be
false or with reckless disregard of whether it was false or not, if the
statement is designed to promote the election, nomination, or defeat of
the candidate.
As used in this section, "voting record" means the recorded "yes" or
"no" vote on a bill, ordinance, resolution, motion, amendment, or
confirmation.
(C) Before a prosecution may commence under this section, a
complaint shall be filed with the Ohio elections commission under
section 3517.153 [3517.15.3] of the Revised Code. After the complaint
is filed, the commission shall proceed in accordance with sections
3517.154 [3517.15.4] to 3517.157 [3517.15.7] of the Revised Code.
HISTORY: RC § 3599.09.1, 136 v H 804 (Eff 10-1-76); 137 v H 1 (Eff
8-26-77); 138 v S 251 (Eff 7-2-80); 140 v H 722 (Eff 4-4-85); 141 v H
555 (Eff 2-26-86); RC § 3517.21, 146 v S 9. Eff 8-24-95.
§ 3517.22. Prohibited practices in advocating or opposing issue; complaint.
(A) No person during the course of any campaign in advocacy of or
in opposition to the adoption of any proposition or issue submitted to
the voters shall knowingly and with intent to affect the outcome of
such campaign do any of the following:
(1) Serve, or place another person to serve, as an agent or employee in
the election campaign organization of a committee which advocates or is
in opposition to the adoption of any ballot proposition or issue for
the purpose of acting to impede the conduct of the campaign on the
proposition or issue or of reporting information to the employee's
employer or the agent's principal without the knowledge of the
committee;
(2) Promise, offer, or give any valuable thing or valuable benefit to
any person who is employed by or is an agent of a committee in advocacy
of or in opposition to the adoption of any ballot proposition or issue,
for the purpose of influencing the employee or agent with respect to
the improper discharge of the employee's or agent's campaign duties or
to obtain information about the committee's campaign organization.
(B) No person, during the course of any campaign in advocacy of
or in opposition to the adoption of any ballot proposition or issue, by
means of campaign material, including sample ballots, an advertisement
on radio or television or in a newspaper or periodical, a public
speech, a press release, or otherwise, shall knowingly and with intent
to affect the outcome of such campaign do any of the following:
(1) Falsely identify the source of a statement, issue statements under
the name of another person without authorization, or falsely state the
endorsement of or opposition to a ballot proposition or issue by a
person or publication;
(2) Post, publish, circulate, distribute, or otherwise disseminate, a
false statement, either knowing the same to be false or acting with
reckless disregard of whether it was false or not, that is designed to
promote the adoption or defeat of any ballot proposition or issue.
(C) Before a prosecution may commence under this section, a
complaint shall be filed with the Ohio elections commission under
section 3517.153 [3517.15.3] of the Revised Code. After the complaint
is filed, the commission shall proceed in accordance with sections
3517.154 [3517.15.4] to 3517.157 [3517.15.7] of the Revised Code.
HISTORY: RC § 3599.09.2, 138 v S 251 (Eff 7-2-80); 140 v H 722
(Eff 4-4-85); 141 v H 555 (Eff 2-26-86); RC § 3517.22, 146 v S 9.
Eff 8-24-95.
§ 3517.23. Rules; information to be provided to ensure compliance.
The secretary of state shall adopt rules in accordance with Chapter
119. of the Revised Code that are necessary for the administration and
enforcement of sections 3517.08 to 3517.13, 3517.18, 3517.20 to
3517.22, 3599.03, and 3599.031 [3599.03.1] of the Revised Code and
shall provide each candidate, political action committee, political
contributing entity, legislative campaign fund, political party, and
person making disbursements to pay the direct costs of producing or
airing electioneering communications with written instructions and
explanations in order to ensure compliance with sections 3517.08 to
3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, and 3599.031
[3599.03.1] of the Revised Code.
HISTORY: 146 v S 9 (Eff 8-24-95); 147 v S 134. Eff 7-13-98; 150 v H 1,
§ 1, eff. 3-31-05; 151 v S 115, § 1, eff. 4-26-05.
§ 3517.99. Penalties for violations prior to 8-24-95.
This section establishes penalties only with respect to acts or
failures to act that occur before the effective date of this amendment.
(A) Any candidate whose campaign committee violates division (A)(1) or
(2) of section 3517.13 of the Revised Code shall be fined one thousand
dollars for each day of violation.
(B) Any candidate whose campaign committee violates division (B) of
section 3517.13 of the Revised Code, any political party that violates
division (F)(1) of section 3517.101 [3517.10.1] of the Revised Code, or
any person who violates division (E) of section 3517.13 of the Revised
Code shall be fined one hundred dollars for each day of violation.
(C) Any candidate whose campaign committee violates division (C) or (D)
of section 3517.13 of the Revised Code shall be fined twenty-five
dollars for each day of violation.
(D) Whoever violates division (F)(2) of section 3517.101 [3517.10.1] or
division (G) of section 3517.13 of the Revised Code shall be fined not
more than ten thousand dollars, or if the offender is a person who was
nominated or elected to public office, the offender shall forfeit the
nomination or the office to which the offender was nominated, elected,
or both.
(E) Whoever violates division (F) of section 3517.13 of the Revised
Code shall be fined an amount equal to three times the amount
contributed.
(F) Whoever violates division (H) of section 3517.13 of the Revised Code is guilty of a minor misdemeanor.
(G) Whoever violates division (O), (P), or (Q) of section 3517.13 of
the Revised Code is guilty of a misdemeanor of the first degree.
(H) Any state or county committee of a political party that violates
division (B)(1) of section 3517.18 of the Revised Code shall be fined
an amount equal to twice the amount of the improper expenditure.
(I) Any state or county political party that violates division (G) of
section 3517.101 [3517.10.1] of the Revised Code shall be fined an
amount equal to twice the amount of the improper expenditure or use.
(J) (1) Any individual who violates division (B)(1) of section 3517.102
[3517.10.2] of the Revised Code and knows that the contribution the
individual makes violates that division shall be fined an amount equal
to three times the amount contributed in excess of the amount permitted
by that division.
(2) Any political action committee that violates division (B)(2) of
section 3517.102 [3517.10.2] of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of the
amount permitted by that division.
(3) Any campaign committee that violates division (B)(3) or (5) of
section 3517.102 [3517.10.2] of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of the
amount permitted by that division.
(4) Any legislative campaign fund that violates division (B)(6) of
section 3517.102 [3517.10.2] of the Revised Code, and any state
political party, county political party, or state candidate fund of a
state political party or county political party that violates division
(B)(6) of that section, shall be fined an amount equal to three times
the amount transferred or contributed in excess of the amount permitted
by those divisions, as applicable.
(5) A political party that violates division (B)(4) of section 3517.102
[3517.10.2] of the Revised Code shall be fined an amount equal to three
times the amount contributed in excess of the amount permitted by that
division.
(6) Notwithstanding divisions (J)(1), (2), (3), and (4) of this
section, no fine shall be imposed if the excess amount contributed
meets either of the following conditions:
(a) It is completely refunded within five business days after it is accepted.
(b) It is less than or equal to the amount permitted under division
(B)(1), (2), (3), (4), (5), or (6) of section 3517.102 [3517.10.2] of
the Revised Code, whichever is applicable, and the excess is completely
refunded within ten business days after notification to the recipient
of the contribution by the board of elections or the secretary of state
that a contribution in excess of the permitted amount has been
received.
(K) (1) Any campaign committee that violates division (C)(1), (2), (3),
or (6) of section 3517.102 [3517.10.2] of the Revised Code shall be
fined an amount equal to three times the amount accepted in excess of
the amount permitted by that division.
(2) Any state or county political party that violates division (C)(4)
of section 3517.102 [3517.10.2] of the Revised Code shall be fined an
amount from its state candidate fund equal to three times the amount
accepted in excess of the amount permitted by that division.
(3) Any legislative campaign fund that violates division (C)(5) of
section 3517.102 [3517.10.2] of the Revised Code shall be fined an
amount equal to three times the amount accepted in excess of the amount
permitted by that division.
(4) Any political action committee that violates division (C)(7) of
section 3517.102 [3517.10.2] of the Revised Code shall be fined an
amount equal to three times the amount accepted in excess of the amount
permitted by that division.
(5) Notwithstanding divisions (K)(1), (2), (3), and (4) of this
section, no fine shall be imposed if the excess accepted meets either
of the following conditions:
(a) It is completely refunded within five business days after its acceptance.
(b) It is less than or equal to the amount permitted under division
(C)(1), (2), (3), (4), (5), (6), or (7) of section 3517.102 [3517.10.2]
of the Revised Code, whichever is applicable, and the excess is
completely refunded within ten business days after notification to the
recipient of the contribution by the board of elections or the
secretary of state that a contribution in excess of the permitted
amount has been received.
(L) (1) Any legislative campaign fund that violates division (F)(1) of
section 3517.102 [3517.10.2] of the Revised Code shall be fined
twenty-five dollars for each day of violation.
(2) Any legislative campaign fund that violates division (F)(2) of
section 3517.102 [3517.10.2] of the Revised Code shall give to the
treasurer of state for deposit into the state treasury to the credit of
the Ohio elections commission fund all excess contributions not
disposed of as required by division (E) of section 3517.102 [3517.10.2]
of the Revised Code.
(M) Whoever violates section 3517.105 [3517.10.5] of the Revised Code shall be fined one thousand dollars.
(N) (1) Whoever solicits a contribution in violation of section
3517.092 [3517.09.2] or violates division (B) of section 3517.09 of the
Revised Code is guilty of a misdemeanor of the first degree.
(2) Whoever knowingly accepts a contribution in violation of division
(B) or (C) of section 3517.092 [3517.09.2] of the Revised Code shall be
fined an amount equal to three times the amount accepted in violation
of either of those divisions and shall return to the contributor any
amount so accepted. Whoever unknowingly accepts a contribution in
violation of division (B) or (C) of section 3517.092 [3517.09.2] of the
Revised Code shall return to the contributor any amount so accepted.
(O) Whoever violates division (S) of section 3517.13 of the Revised
Code shall be fined an amount equal to three times the amount of funds
transferred or three times the value of the assets transferred in
violation of that division.
(P) Any campaign committee that accepts a contribution or contributions
in violation of section 3517.108 [3517.10.8] of the Revised Code, uses
a contribution in violation of that section, or fails to dispose of
excess contributions in violation of that section shall be fined an
amount equal to three times the amount accepted, used, or kept in
violation of that section.
(Q) Any political party, state candidate fund, legislative candidate
fund, or campaign committee that violates division (T) of section
3517.13 of the Revised Code shall be fined an amount equal to three
times the amount contributed or accepted in violation of that section.
(R) Any campaign committee that fails to file the declaration of
filing-day finances required by division (F) of section 3517.109
[3517.10.9] of the Revised Code shall be fined twenty-five dollars for
each day of violation.
(S) Any campaign committee that fails to dispose of contributions under
divisions (B) and (C) of section 3517.109 [3517.10.9] of the Revised
Code shall give to the treasurer of state for deposit to the credit of
the Ohio elections commission fund created under division (E)(2) of
section 3517.102 [3517.10.2] of the Revised Code all contributions not
disposed of pursuant to those divisions.
HISTORY: 135 v S 46 (Eff 7-23-74); 136 v H 1379 (Eff 6-23-76); 141 v H
300 (Eff 9-17-86); 141 v H 1053 (Eff 12-19-86); 142 v H 512 (Eff
10-20-87); 143 v S 6 (Eff 10-30-89); 146 v S 8 (Eff 8-23-95); 146 v H
99 (Eff 8-23-95); 146 v S 9. Eff 8-24-95.
[§ 3517.99.1] § 3517.991. Fine for violations prior to 8-24-95.
This section authorizes fines to be imposed only with respect to acts
or failures to act that occur before the effective date of this
amendment.
The Ohio elections commission shall impose the fines established in the
schedule of fines adopted by the commission created under section
3517.14 of the Revised Code that is in effect immediately prior to the
effective date of this amendment. Fines imposed for violations
occurring before an election shall be at least twice the amount of
those for violations occurring after an election. The schedule of fines
so established shall take into account the need for different levels of
penalties depending on the level of office being sought and shall not
exceed the fines for the same offenses specified in sections 3517.99,
3599.03, and 3599.031 [3599.03.1] of the Revised Code, or if not so
specified shall not exceed one thousand dollars. Fines imposed by the
commission under this section shall be paid into the general revenue
fund.
HISTORY: 140 v H 722 (Eff 4-4-85); 146 v S 8 (Eff 8-23-95); 146 v S 9. Eff 8-24-95.
[§ 3517.99.2] § 3517.992. Penalties for violations on or after 8-24-95.
This section establishes penalties only with respect to acts or failures to act that occur on and after August 24, 1995.
(A) (1) A candidate whose campaign committee violates division (A),
(B), (C), (D), or (V) of section 3517.13 of the Revised Code, or a
treasurer of a campaign committee who violates any of those divisions,
shall be fined not more than one hundred dollars for each day of
violation.
(2) Whoever violates division (E) or (X)(5) of section 3517.13 of the
Revised Code shall be fined not more than one hundred dollars for each
day of violation.
(B) A political party that violates division (F)(1) of section 3517.101
[3517.10.1] of the Revised Code shall be fined not more than one
hundred dollars for each day of violation.
(C) Whoever violates division (F)(2) of section 3517.101 [3517.10.1] or
division (G) of section 3517.13 of the Revised Code shall be fined not
more than ten thousand dollars or, if the offender is a person who was
nominated or elected to public office, shall forfeit the nomination or
the office to which the offender was elected, or both.
(D) Whoever violates division (F) of section 3517.13 of the Revised
Code shall be fined not more than three times the amount contributed.
(E) Whoever violates division (H) of section 3517.13 of the Revised Code shall be fined not more than one hundred dollars.
(F) Whoever violates division (O), (P), or (Q) of section 3517.13 of
the Revised Code is guilty of a misdemeanor of the first degree.
(G) A state or county committee of a political party that violates
division (B)(1) of section 3517.18 of the Revised Code shall be fined
not more than twice the amount of the improper expenditure.
(H) A state or county political party that violates division (G) of
section 3517.101 [3517.10.1] of the Revised Code shall be fined not
more than twice the amount of the improper expenditure or use.
(I) (1) Any individual who violates division (B)(1) of section 3517.102
[3517.10.2] of the Revised Code and knows that the contribution the
individual makes violates that division shall be fined an amount equal
to three times the amount contributed in excess of the amount permitted
by that division.
(2) Any political action committee that violates division (B)(2) of
section 3517.102 [3517.10.2] of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of the
amount permitted by that division.
(3) Any campaign committee that violates division (B)(3) or (5) of
section 3517.102 [3517.10.2] of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of the
amount permitted by that division.
(4) (a) Any legislative campaign fund that violates division (B)(6) of
section 3517.102 [3517.10.2] of the Revised Code shall be fined an
amount equal to three times the amount transferred or contributed in
excess of the amount permitted by that division, as applicable.
(b) Any state political party, county political party, or state
candidate fund of a state political party or county political party
that violates division (B)(6) of section 3517.102 [3517.10.2] of the
Revised Code shall be fined an amount equal to three times the amount
transferred or contributed in excess of the amount permitted by that
division, as applicable.
(c) Any political contributing entity that violates division (B)(7) of
section 3517.102 [3517.10.2] of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of the
amount permitted by that division.
(5) Any political party that violates division (B)(4) of section
3517.102 [3517.10.2] of the Revised Code shall be fined an amount equal
to three times the amount contributed in excess of the amount permitted
by that division.
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) of this
section, no violation of division (B) of section 3517.102 [3517.10.2]
of the Revised Code occurs, and the secretary of state shall not refer
parties to the Ohio elections commission, if the amount transferred or
contributed in excess of the amount permitted by that division meets
either of the following conditions:
(a) It is completely refunded within five business days after it is accepted.
(b) It is completely refunded on or before the tenth business day after
notification to the recipient of the excess transfer or contribution by
the board of elections or the secretary of state that a transfer or
contribution in excess of the permitted amount has been received.
(J) (1) Any campaign committee that violates division (C)(1), (2), (3),
or (6) of section 3517.102 [3517.10.2] of the Revised Code shall be
fined an amount equal to three times the amount accepted in excess of
the amount permitted by that division.
(2) (a) Any county political party that violates division (C)(4)(a)(ii)
or (iii) of section 3517.102 [3517.10.2] of the Revised Code shall be
fined an amount equal to three times the amount accepted.
(b) Any county political party that violates division (C)(4)(a)(i) of
section 3517.102 [3517.10.2] of the Revised Code shall be fined an
amount from its state candidate fund equal to three times the amount
accepted in excess of the amount permitted by that division.
(c) Any state political party that violates division (C)(4)(b) of
section 3517.102 [3517.10.2] of the Revised Code shall be fined an
amount from its state candidate fund equal to three times the amount
accepted in excess of the amount permitted by that division.
(3) Any legislative campaign fund that violates division (C)(5) of
section 3517.102 [3517.10.2] of the Revised Code shall be fined an
amount equal to three times the amount accepted in excess of the amount
permitted by that division.
(4) Any political action committee or political contributing entity
that violates division (C)(7) of section 3517.102 [3517.10.2] of the
Revised Code shall be fined an amount equal to three times the amount
accepted in excess of the amount permitted by that division.
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of this
section, no violation of division (C) of section 3517.102 [3517.10.2]
of the Revised Code occurs, and the secretary of state shall not refer
parties to the Ohio elections commission, if the amount transferred or
contributed in excess of the amount permitted to be accepted by that
division meets either of the following conditions:
(a) It is completely refunded within five business days after its acceptance.
(b) It is completely refunded on or before the tenth business day after
notification to the recipient of the excess transfer or contribution by
the board of elections or the secretary of state that a transfer or
contribution in excess of the permitted amount has been received.
(K) (1) Any legislative campaign fund that violates division (F)(1) of
section 3517.102 [3517.10.2] of the Revised Code shall be fined
twenty-five dollars for each day of violation.
(2) Any legislative campaign fund that violates division (F)(2) of
section 3517.102 [3517.10.2] of the Revised Code shall give to the
treasurer of state for deposit into the state treasury to the credit of
the Ohio elections commission fund all excess contributions not
disposed of as required by division (E) of section 3517.102 [3517.10.2]
of the Revised Code.
(L) Whoever violates section 3517.105 [3517.10.5] of the Revised Code shall be fined one thousand dollars.
(M) (1) Whoever solicits a contribution in violation of section
3517.092 [3517.09.2] or violates division (B) of section 3517.09 of the
Revised Code is guilty of a misdemeanor of the first degree.
(2) Whoever knowingly accepts a contribution in violation of division
(B) or (C) of section 3517.092 [3517.09.2] of the Revised Code shall be
fined an amount equal to three times the amount accepted in violation
of either of those divisions and shall return to the contributor any
amount so accepted. Whoever unknowingly accepts a contribution in
violation of division (B) or (C) of section 3517.092 [3517.09.2] of the
Revised Code shall return to the contributor any amount so accepted.
(N) Whoever violates division (S) of section 3517.13 of the Revised
Code shall be fined an amount equal to three times the amount of funds
transferred or three times the value of the assets transferred in
violation of that division.
(O) Any campaign committee that accepts a contribution or contributions
in violation of section 3517.108 [3517.10.8] of the Revised Code, uses
a contribution in violation of that section, or fails to dispose of
excess contributions in violation of that section shall be fined an
amount equal to three times the amount accepted, used, or kept in
violation of that section.
(P) Any political party, state candidate fund, legislative candidate
fund, or campaign committee that violates division (T) of section
3517.13 of the Revised Code shall be fined an amount equal to three
times the amount contributed or accepted in violation of that section.
(Q) A treasurer of a committee or another person who violates division
(U) of section 3517.13 of the Revised Code shall be fined not more than
two hundred fifty dollars.
(R) Whoever violates division (I) or (J) of section 3517.13 of the
Revised Code shall be fined not more than one thousand dollars.
Whenever a person is found guilty of violating division (I) or (J) of
section 3517.13 of the Revised Code, the contract awarded in violation
of either of those divisions shall be rescinded if its terms have not
yet been performed.
(S) A candidate whose campaign committee violates or a treasurer of a
campaign committee who violates section 3517.081 [3517.08.1] of the
Revised Code, and a candidate whose campaign committee violates or a
treasurer of a campaign committee or another person who violates
division (C) of section 3517.10 of the Revised Code, shall be fined not
more than five hundred dollars.
(T) A candidate whose campaign committee violates or a treasurer of a
committee who violates division (B) of section 3517.09 of the Revised
Code, or a candidate whose campaign committee violates or a treasurer
of a campaign committee or another person who violates division (C) of
section 3517.09 of the Revised Code shall be fined not more than one
thousand dollars.
(U) Whoever violates section 3517.20 of the Revised Code shall be fined not more than five hundred dollars.
(V) Whoever violates section 3517.21 or 3517.22 of the Revised Code
shall be imprisoned for not more than six months or fined not more than
five thousand dollars, or both.
(W) A campaign committee that is required to file a declaration of no
limits under division (D)(2) of section 3517.103 [3517.10.3] of the
Revised Code that, before filing that declaration, accepts a
contribution or contributions that exceed the limitations prescribed in
section 3517.102 [3517.10.2] of the Revised Code, shall return that
contribution or those contributions to the contributor.
(X) Any campaign committee that fails to file the declaration of
filing-day finances required by division (F) of section 3517.109
[3517.10.9] or the declaration of primary-day finances or declaration
of year-end finances required by division (E) of section 3517.1010
[3517.10.10] of the Revised Code shall be fined twenty-five dollars for
each day of violation.
(Y) Any campaign committee that fails to dispose of excess funds or
excess aggregate contributions under division (B) of section 3517.109
[3517.10.9] of the Revised Code in the manner required by division (C)
of that section or under division (B) of section 3517.1010 [3517.10.10]
of the Revised Code in the manner required by division (C) of that
section shall give to the treasurer of state for deposit into the Ohio
elections commission fund created under division (I) of section
3517.152 [3517.15.2] of the Revised Code all funds not disposed of
pursuant to those divisions.
(Z) Any individual, campaign committee, political action committee,
political contributing entity, legislative campaign fund, political
party, or other entity that violates any provision of sections 3517.09
to 3517.12 of the Revised Code for which no penalty is provided for
under any other division of this section shall be fined not more than
one thousand dollars.
(AA) (1) Whoever knowingly violates division (W)(1) of section 3517.13
of the Revised Code shall be fined an amount equal to three times the
amount contributed, expended, or promised in violation of that division
or ten thousand dollars, whichever amount is greater.
(2) Whoever knowingly violates division (W)(2) of section 3517.13 of
the Revised Code shall be fined an amount equal to three times the
amount solicited or accepted in violation of that division or ten
thousand dollars, whichever amount is greater.
(BB) Whoever knowingly violates division (C) or (D) of section
3517.1011 [3517.10.11] of the Revised Code shall be fined not more than
ten thousand dollars plus not more than one thousand dollars for each
day of violation.
(CC) (1) Subject to division (CC)(2) of this section, whoever violates
division (H) of section 3517.1011 [3517.10.11] of the Revised Code
shall be fined an amount up to three times the amount disbursed for the
direct costs of airing the communication made in violation of that
division.
(2) Whoever has been ordered by the Ohio elections commission or by a
court of competent jurisdiction to cease making communications in
violation of division (H) of section 3517.1011 [3517.10.11] of the
Revised Code who again violates that division shall be fined an amount
equal to three times the amount disbursed for the direct costs of
airing the communication made in violation of that division.
(DD) (1) Any corporation or labor organization that violates division
(X)(3)(a) of section 3517.13 of the Revised Code shall be fined an
amount equal to three times the amount given in excess of the amount
permitted by that division.
(2) Any state or county political party that violates division
(X)(3)(b) of section 3517.13 of the Revised Code shall be fined an
amount equal to three times the amount accepted in excess of the amount
permitted by that division.
HISTORY: 146 v S 9 (Eff 8-24-95); 147 v S 116 (Eff 12-9-97); 147 v S
134 (Eff 7-13-98); 148 v H 119. Eff 12-22-99; 150 v H 1, § 1, eff.
3-31-05; 151 v S 115, § 1, eff. 4-26-05.
[§ 3517.99.3] § 3517.993. Fines for violations on or after 8-24-95.
This section authorizes the establishment of fines that may be imposed
only with respect to acts or failures to act that occur on and after
August 24, 1995.
(A) Except as otherwise provided in division (D)(2) of section 3517.155
[3517.15.5] of the Revised Code, the Ohio elections commission may
impose administrative fines under division (A)(1)(b) of section
3517.155 [3517.15.5] of the Revised Code in accordance with the amounts
set forth under sections 3517.992 [3517.99.2], 3599.03, and 3599.031
[3599.03.1] of the Revised Code.
(B) The commission may suspend all or part of a fine it imposes under
this section upon whatever terms and conditions the commission
considers just.
(C) (1) The commission shall consider any of the following
circumstances in determining whether to impose a maximum fine under
this section:
(a) Whether the violator has been found guilty of any other violation of Title XXXV [35] of the Revised Code;
(b) Whether the violation was made knowingly or purposely;
(c) Whether any relevant statements, addenda, or affidavits required to be filed have not been filed;
(d) Whether the violator has any outstanding fines imposed for a violation of Title XXXV [35] of the Revised Code;
(e) Whether the violation occurred during the course of a campaign.
(2) The commission shall consider any of the following circumstances in
determining whether to impose a minimal fine or no fine under this
section:
(a) Whether the violator previously has not been found guilty of any other violation of Title XXXV [35] of the Revised Code;
(b) Whether the violator has promptly corrected the violator's violation;
(c) Whether the nature and circumstances of the violation merit a minimum fine;
(d) Whether there are substantial grounds tending to excuse or justify
the violation, although failing to establish a defense to the
violation;
(e) Whether the violation was not purposely committed.
(3) The circumstances set forth in divisions (C)(1) and (2) of this
section shall be considered by, but shall not control the decision of,
the commission in imposing a fine.
(D) Fines imposed by the commission under this section shall be paid into the Ohio elections commission fund.
HISTORY: 146 v S 9 (Eff 8-24-95); 148 v H 119. Eff 12-22-99.
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CHAPTER 3519
INITIATIVE; REFERENDUM
Section
3519.01. Certification of
initiative or referendum proposal by attorney general and secretary of
state.
3519.02. Committee for petitioners.
3519.03. Committee to
prepare argument or explanation; preparation of missing arguments,
explanations.
3519.04. Estimate of
proposed annual expenditures and annual yield of proposed taxes.
3519.05. Form of petition.
3519.06. Verification of petition.
3519.07-3519.09 Repealed.
3519.10. Signer must be
qualified elector; information to be given; each petition to contain
signatures of electors of only one county.
3519.11-3518.13 Repealed.
3519.14. Petition may not be filed with insufficient signatures.
3519.15. Part-petitions
sent to boards of elections; procedure by boards.
3519.16. Protest against
board's findings; establishing of sufficiency or insufficiency of
signatures; supplementary petition.
3519.17. [Repealed]
3519.18. Power of boards of elections.
3519.19, 3519.20 Repealed.
3519.21. Ballot title of propositions or issues.
3519.22. Election
unaffected by insufficiency; number of petitioners needed.
§ 3519.01. Certification of initiative or referendum proposal by attorney general and secretary of state.
(A) Whoever seeks to propose a law or constitutional amendment by
initiative petition shall, by a written petition signed by one hundred
qualified electors, submit the proposed law or constitutional amendment
and a summary of it to the attorney general for examination. If in the
opinion of the attorney general the summary is a fair and truthful
statement of the proposed law or constitutional amendment, he shall so
certify. A verified copy of the proposed law or constitutional
amendment, together with the summary and the attorney general's
certification, shall then be filed with the secretary of state.
(B) (1) Whoever seeks to file a referendum petition against any
law, section, or item in any law shall, by a written petition signed by
one hundred qualified electors, submit the measure to be referred and a
summary of it to the secretary of state and, on the same day or within
one business day before or after that day, submit a copy of the
petition, measure, and summary to the attorney general.
(2) Not later than ten business days after receiving the petition,
measure, and summary, the secretary of state shall do both of the
following:
(a) Have the validity of the signatures on the petition verified;
(b) After comparing the text of the measure to be referred with the
copy of the enrolled bill on file in his office containing the law,
section, or item of law, determine whether the text is correct and, if
it is, so certify.
(3) Not later than ten business days after receiving a copy of the
petition, measure, and summary, the attorney general shall examine the
summary and, if in his opinion the summary is a fair and truthful
statement of the measure to be referred, so certify.
HISTORY: GC § 4785-175; 113 v 307(391), § 175; 114 v
679(708); Bureau of Code Revision, 10-1-53; 135 v S 238 (Eff 5-15-74);
143 v H 7. Eff 9-15-89.
§ 3519.02. Committee for petitioners.
The petitioners shall designate in any initiative, referendum, or
supplementary petition and on each of the several parts of such
petition a committee of not less than three nor more than five of their
number who shall represent them in all matters relating to such
petitions. Notice of all matters or proceedings pertaining to such
petitions may be served on said committee, or any of them, either
personally or by registered mail, or by leaving such notice at the
usual place of residence of each of them.
HISTORY: GC § 4785-180; 113 v 307(393), § 180; 114 v 679; Bureau of Code Revision. Eff 10-1-53.
§ 3519.03. Committee to prepare argument or explanation; preparation of missing arguments, explanations.
(A) The committee named in a initiative petition may prepare the
argument or explanation, or both, in favor of the measure proposed, and
the committee named in a referendum petition may prepare the argument
or explanation, or both, against any law or section or item of law. The
persons who prepare the argument or explanation, or both, in opposition
to the initiated proposal, or the argument or explanation, or both, in
favor of the measure to be referred shall be named by the general
assembly, if it is in session, or by the governor, if the general
assembly is not in session. Such argument or explanation, or both,
shall not exceed three hundred words and shall be filed with the
secretary of state at least seventy-five days prior to the date of the
election at which the measure is to be voted upon.
(B) (1) If the committee named in an initiative petition, the
committee named in a referendum petition, or other persons designated
under division (A) of this section fail to prepare and file their
arguments or explanations by the seventy-fifth day before the date of
the election, the secretary of state shall notify the Ohio ballot board
that those arguments or explanations have not been so prepared and
filed. The board then shall prepare the missing arguments or
explanations or designate a group of persons to prepare those arguments
or explanations. All arguments or explanations prepared under this
division shall be filed with the secretary of state no later than
seventy days before the date of the election. No argument or
explanation shall exceed three hundred words.
(2) If the Ohio ballot board fails to provide for the preparation of
missing arguments or explanations under division (B)(1) of this section
after being notified by the secretary of state that one or more
arguments or explanations have not been timely prepared and filed, the
positions of the four appointed members of the board shall be
considered vacant, and new members shall be appointed in the manner
provided for original appointments.
HISTORY: GC § 4785-180a; 114 v 679(711); Bureau of Code Revision,
10-1-53; 138 v H 1062 (Eff 3-23-81); 149 v H 445. Eff 12-23-2002.
§ 3519.04. Estimate of proposed annual expenditures and annual yield of proposed taxes.
Upon receipt of the verified copy of a proposed state law or
constitutional amendment proposing the levy of any tax or involving a
matter that will necessitate the expenditure of any funds of the state
or any political subdivision of the state, the secretary of state shall
request of the office of budget and management an estimate of any
annual expenditure of public funds proposed and of the tax commissioner
the annual yield of any proposed taxes. The office of budget and
management, on receipt of a request for an estimate of the annual
expenditure of public funds proposed, shall prepare the estimate and
file it in the office of the secretary of state. The tax commissioner,
on receipt of a request for an estimate of the annual yield of any
proposed taxes, shall prepare the estimate and file it in the office of
the secretary of state. The office of budget and management and the tax
commissioner may issue a joint estimate if the proposed state law or
constitutional amendment necessitates both the expenditure of public
funds and a levy of any tax.
HISTORY: GC § 4785-175a; 119 v 140; Bureau of Code Revision, 10-1-53; 149 v H 675. Eff 3-14-2003.
§ 3519.05. Form of petition.
If the measure to be submitted proposes a constitutional amendment, the
heading of each part of the petition shall be prepared in the following
form, and printed in capital letters in type of the approximate size
set forth:
INITIATIVE PETITION
Number .......................................................................
Issued to ....................................................................
(Name of solicitor)
Date of issuance .............................................................
..............................................................................
Amendment to the Constitution
Proposed by Initiative Petition
To be submitted directly to the electors
"Amendment" printed in fourteen-point boldface type
shall precede the title, which shall be briefly expressed and printed
in eight-point type. The summary shall then be set forth printed in
ten-point type, and then shall follow the certification of the attorney
general, under proper date, which shall also be printed in ten-point
type. The petition shall then set forth the names and addresses of the
committee of not less than three nor more than five to represent the
petitioners in all matters relating to the petition or its circulation.
Immediately above the heading of the place for
signatures on each part of the petition the following notice shall be
printed in boldface type:
"NOTICE
Whoever knowingly signs this petition more than
once, signs a name other than one's own, or signs when not a qualified
voter, is liable to prosecution.
In consideration for services in soliciting
signatures to this petition the solicitor has received or expects to
receive ......................................................................
from .........................................................................
(Whose address is) ........................................................."
..............................................................................
Before any elector signs the part-petition, the
solicitor shall completely fill in the above blanks if the solicitor
has received or will receive any consideration, and if the solicitor
has not received and will not receive any consideration, the solicitor
shall insert "nothing."
The heading of the place for signatures shall be substantially as follows:
"(Sign with ink or indelible pencil. Your name, residence, and date of signing must be given.)
Rural Route or Month
other Post- Day
Signature County Township office address Year
(Voters who do not live in a municipal corporation should fill in the information called for by headings printed above.)
(Voters who reside in municipal corporations should fill in the information called for by headings printed below.)
Street
Month
City or
and
Day
Signature County Village Number Ward Precinct Year"
The text of the proposed amendment shall be printed
in full, immediately following the place for signatures, and shall be
prefaced by "Be it resolved by the people of the State of Ohio."
Immediately following the text of the proposed amendment must appear
the following form:
=forms
"I, ...................., declare under
penalty of election falsification that I am the circulator of the
foregoing petition paper containing the signatures of ........
electors, that the signatures appended hereto were made and appended in
my presence on the date set opposite each respective name, and are the
signatures of the persons whose names they purport to be, and that the
electors signing this petition did so with knowledge of the contents of
same.
(Signed) .................... (Solicitor)
(Address) ............
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
If the measure proposes a law, the heading of each part of the petition shall be prepared as follows:
INITIATIVE PETITION
Number ............
............
Issued to ............
............
(Name of Solicitor)
Date of issuance ............
............ =forme
Law proposed by initiative petition first to be submitted to the General Assembly."
In all other respects the form shall be as provided for the submission
of a constitutional amendment, except that the text of the proposed law
shall be prefaced by "Be it enacted by the people of the state of
Ohio."
The form for a supplementary initiative petition shall be the same as
that provided for an initiative petition, with the exception that
"supplementary" shall precede "initiative" in the title thereof.
The general provisions set forth in this section relative to the form
and order of an initiative petition shall be, so far as practical,
applicable to a referendum petition, the heading of which shall be as
follows:
"REFERENDUM PETITION
Number ...................................................................
..........................................................................
Issued to ................................................................
..........................................................................
(Name of Solicitor)
Date of issuance .........................................................
..........................................................................
To be submitted to the electors for their approval or rejection"
The title, which follows the heading, shall contain a brief legislative
history of the law, section, or item of law to be referred. The text of
the law so referred shall be followed by the certification of the
secretary of state, in accordance with division (B)(2)(b) of section
3519.01 of the Revised Code, that it has been compared with the copy of
the enrolled act, on file in the secretary of state's office,
containing such law, section, or item of law, and found to be correct.
HISTORY: GC § 4785-176; 113 v 307(391), § 176; 114 v
679(708); 119 v 140; Bureau of Code Revision, 10-1-53; 135 v H 662 (Eff
9-27-74); 143 v H 7 (Eff 9-15-89); 146 v H 99 (Eff 8-22-95); 149 v H 5.
Eff 8-28-2001.
§ 3519.06. Verification of petition.
No initiative or referendum part-petition is properly verified if it
appears on the face thereof, or is made to appear by satisfactory
evidence:
(A) That the statement required by section 3519.05 of the Revised Code is not properly filled out;
(B) That the statement is not properly signed;
(C) That the statement is altered by erasure, interlineation, or otherwise;
(D) That the statement is false in any respect;
(E) That any one person has affixed more than one signature thereto.
HISTORY: GC § 4785-176c; 119 v 140(145); Bureau of Code Revision,
10-1-53; 135 v S 238 (Eff 5-15-74); 135 v H 662. Eff 9-27-74.
§ 3519.07. Repealed.
Repealed, 135 v S 238, § 2 [GC § 4785-175b, 4785-176a,
4785-176b; 119 v 140; 122 v 325(364); Bureau of Code Revision,
10-1-53]. Eff 5-15-74.
§ 3519.08. Repealed.
Repealed, 135 v S 238, § 2 [GC § 4785-175b, 4785-176a,
4785-176b; 119 v 140; 122 v 325(364); Bureau of Code Revision,
10-1-53]. Eff 5-15-74.
§ 3519.09. Repealed.
Repealed, 135 v S 238, § 2 [GC § 4785-175b, 4785-176a,
4785-176b; 119 v 140; 122 v 325(364); Bureau of Code Revision,
10-1-53]. Eff 5-15-74.
§ 3519.10. Signer must be qualified elector; information to be
given; each petition to contain signatures of electors of only one
county.
Each signer of any initiative or referendum petition must be a
qualified elector of the state. He shall place on such petition after
his name the date of signing and the location of his voting residence,
including the street and number in which such voting residence is
located, if in a municipal corporation, and the rural route or other
post-office address and township in which such voting residence is
located, if outside a municipal corporation. Each signer may also print
his name so as to clearly identify his signature. Each part-petition
which is filed shall contain signatures of electors of only one county.
Petitions containing signatures of electors of more than one county
shall not thereby be declared invalid. In case petitions containing
signatures of electors of more than one county are filed, the secretary
of state shall determine the county from which the majority of
signatures came, and only signatures from such county shall be counted.
Signatures from any other county shall be invalid.
HISTORY: GC § 4785-177; 113 v 307(392), § 177; 114 v
679(711); 122 v 325(365); Bureau of Code Revision, 10-1-53; 135 v S 238
(Eff 5-15-74); 141 v H 555 (Eff 2-26-86); 141 v H 524. Eff 3-17-87.
§ 3519.11. Repealed.
Repealed, 130 v 1707, § 2 [GC § 4785-177a; 119 v 140(145);
123 v 380(403); Bureau of Code Revision, 10-1-53]. Eff 1-1-64.
§ 3519.12. Repealed.
Repealed, 135 v S 238, § 2 [GC §§ 4785-177b, 4785-177c;
119 v 140; 123 v 380(403); Bureau of Code Revision, 10-1-53]. Eff
5-15-74.
§ 3519.13. Repealed.
Repealed, 135 v S 238, § 2 [GC §§ 4785-177b, 4785-177c;
119 v 140; 123 v 380(403); Bureau of Code Revision, 10-1-53]. Eff
5-15-74.
§ 3519.14. Petition may not be filed with insufficient signatures.
The secretary of state shall not accept for filing any initiative or
referendum petition which does not purport to contain at least the
minimum number of signatures required for the submission of the
amendment, proposed law, or law to be submitted under the initiative or
referendum power.
HISTORY: GC § 4785-177d; 119 v 140(146); Bureau of Code Revision. Eff 10-1-53.
§ 3519.15. Part-petitions sent to boards of elections; procedure by boards.
Whenever any initiative or referendum petition has been filed with the
secretary of state, he shall forthwith separate the part-petitions by
counties and transmit such part-petitions to the boards of elections in
the respective counties. The several boards shall proceed at once to
ascertain whether each part-petition is properly verified, and whether
the names on each part-petition are on the registration lists of such
county, or whether the persons whose names appear on each part-petition
are eligible to vote in such county, and to determine any repetition or
duplication of signatures, the number of illegal signatures, and the
omission of any necessary details required by law. The boards shall
make note opposite such signatures and submit a report to the secretary
of state indicating the sufficiency or insufficiency of such signatures
and indicating whether or not each part-petition is properly verified,
eliminating, for the purpose of such report, all signatures on any
part-petition that are not properly verified.
In determining the sufficiency of such a petition, only the signatures
of those persons shall be counted who are electors at the time the
boards examine the petition.
HISTORY: GC § 4785-178; 113 v 307(392), § 178; 119 v 140;
Bureau of Code Revision, 10-1-53; 137 v S 125 (Eff 5-27-77); 139 v H 1.
Eff 8-5-81.
§ 3519.16. Protest against board's findings; establishing of
sufficiency or insufficiency of signatures; supplementary petition.
The circulator of any part-petition, the committee interested in the
petition, or any elector may file with the board of elections a protest
against the board's findings made pursuant to section 3519.15 of the
Revised Code. Protests shall be in writing and shall specify reasons
for the protest. Protests for all initiative and referendum petitions
other than those to be voted on by electors throughout the entire state
shall be filed not later than four p.m. of the sixty-fourth day before
the day of the election. Once a protest is filed, the board shall
proceed to establish the sufficiency or insufficiency of the signatures
and of the verification of those signatures in an action before the
court of common pleas in the county. The action shall be brought within
three days after the protest is filed, and it shall be heard forthwith
by a judge of that court, whose decision shall be certified to the
board. The signatures that are adjudged sufficient or the
part-petitions that are adjudged properly verified shall be included
with the others by the board, and those found insufficient and all
those part-petitions that are adjudged not properly verified shall not
be included.
The properly verified part-petitions, together with the report of the
board, shall be returned to the secretary of state not less than fifty
days before the election, provided that, in the case of an initiated
law to be presented to the general assembly, the boards shall promptly
check and return the petitions together with their report. The
secretary of state shall notify the chairperson of the committee in
charge of the circulation as to the sufficiency or insufficiency of the
petition and the extent of the insufficiency.
If the petition is found insufficient because of an insufficient number
of valid signatures, the committee shall be allowed ten additional days
after the notification by the secretary of state for the filing of
additional signatures to the petition. The part-petitions of the
supplementary petition that appear to the secretary of state to be
properly verified, upon their receipt by the secretary of state, shall
forthwith be forwarded to the boards of the several counties together
with the part-petitions of the original petition that have been
properly verified. They shall be immediately examined and passed upon
as to the validity and sufficiency of the signatures on them by each of
the boards and returned within five days to the secretary of state with
the report of each board. No signature on a supplementary part-petition
that is the same as a signature on an original part-petition shall be
counted. The number of signatures in both the original and
supplementary petitions, properly verified, shall be used by the
secretary of state in determining the total number of signatures to the
petition that the secretary of state shall record and announce. If they
are sufficient, the amendment, proposed law, or law shall be placed on
the ballot as required by law. If the petition is found insufficient,
the secretary of state shall notify the committee in charge of the
circulation of the petition.
HISTORY: GC § 4785-179; 113 v 307(393), § 179; 119 v 140; 123
v 380(403); Bureau of Code Revision. Eff 10-1-53; 150 v H 262, §
1, eff. 5-7-04.
§ 3519.17. Repealed.
Repealed, 130 v 1707, § 2 [GC § 4785-179a; 115 v 215; 119 v 140; Bureau of Code Revision, 10-1-53]. Eff 1-1-64.
§ 3519.18. Power of boards of elections.
In the performance of the duties required of the boards of elections,
the boards may subpoena witnesses, compel the production of books,
records, and other evidence, administer oaths, and take evidence.
HISTORY: GC § 4785-179b; 119 v 140; 123 v 380(404); Bureau of Code Revision. Eff 10-1-53.
§ 3519.19. Repealed.
Repealed, 135 v S 238, § 2 [GC §§ 4785-180b, 4785-180c;
114 v 679(711, 712); Bureau of Code Revision, 10-1-53]. Eff 5-15-74.
§ 3519.20. Repealed.
Repealed, 135 v S 238, § 2 [GC §§ 4785-180b, 4785-180c;
114 v 679(711, 712); Bureau of Code Revision, 10-1-53]. Eff 5-15-74.
§ 3519.21. Ballot title of propositions or issues.
The order in which all propositions, issues, or questions, including
proposed laws and constitutional amendments, shall appear on the ballot
and the ballot title of all such propositions, issues, or questions
shall be determined by the secretary of state in case of propositions
to be voted upon in a district larger than a county, and by the board
of elections in a county in the case of a proposition to be voted upon
in a county or a political subdivision thereof. In preparing such a
ballot title the secretary of state or the board shall give a true and
impartial statement of the measures in such language that the ballot
title shall not be likely to create prejudice for or against the
measure. The person or committee promoting such measure may submit to
the secretary of state or the board a suggested ballot title, which
shall be given full consideration by the secretary of state or board in
determining the ballot title.
Except as otherwise provided by law, all propositions, issues, or
questions submitted to the electors and receiving an affirmative vote
of a majority of the votes cast thereon are approved.
HISTORY: GC § 4785-181; 113 v 307(394), § 181; Bureau of Code Revision. Eff 10-1-53.
§ 3519.22. Election unaffected by insufficiency; number of petitioners needed.
No measure submitted to the electors and receiving an affirmative
majority of the votes cast on the measure shall be held ineffective or
void on account of the insufficiency of the petitions by which such
submission was procured.
The basis upon which the required number of petitioners in any case is
determined shall be the total number of votes cast for the office of
governor, in the case of state, county, or municipal referendum, at the
most recent election therefor.
HISTORY: GC § 4785-182; 113 v 307(394), § 182; Bureau of Code Revision (Eff 10-1-53); 146 v H 99. Eff 8-22-95.
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CHAPTER 3521
CONGRESSIONAL DISTRICTS
Section
3521.01. Apportionment of congressional districts.
3521.02. Vacancy in United States Senate.
3521.03. Vacancy in office of congressman.
§ 3521.01. Apportionment of congressional districts.
(A) For the purpose of election of representatives to congress, the state is apportioned as follows:
(1) The first district contains the following territory:
Butler county (part):
Whole census tract: 0102.03.
Census block groups: group 4 of census tract 0012.00; groups 3 and 4 of
census tract 0107.00; and groups 2, 3, and 4 of census tract 0108.00.
Census blocks: blocks 1002, 1004, and 1005 of census tract 0010.02;
blocks 5017, 5018, 7008, 7009, 7010, 7012, and 7027 of census tract
0012.00; blocks 3022, 3023, 3024, 3029, 3040, and 3041 of census tract
0014.00; blocks 3017, 3018, 3019, and 4019 of census tract 0101.03;
blocks 1003, 1004, 1005, 1006, 1007, 1008, 1010, 1011, 1012, 1013,
1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025,
1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037,
1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049,
2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,
2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029,
2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, and 2038 of census
tract 0102.02; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,
1020, 1021, 1022, 1023, 1028, 1029, 1035, 1037, 1038, 1039, 1040, 1041,
1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013, 2019, 2020, 2031, 2032, 5004, 5005, 5006, 5007,
5008, 5009, 5010, and 5011 of census tract 0107.00; blocks 1002, 1003,
1004, 1009, 1010, 1011, 1012, 1013, 1014, 1019, 1020, 1021, 1022, 1023,
1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035,
1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1996, and 1997 of
census tract 0108.00; and blocks 1995, 1996, and 1999 of census tract
0109.02.
Hamilton county (part):
Whole census tracts: 0001.00, 0002.00, 0003.01, 0003.02, 0004.00,
0008.00, 0009.00, 0010.00, 0014.00, 0015.00, 0016.00, 0017.00, 0018.00,
0022.00, 0023.00, 0025.00, 0026.00, 0027.00, 0028.00, 0029.00, 0030.00,
0032.00, 0033.00, 0034.00, 0035.00, 0036.00, 0037.00, 0038.00, 0039.00,
0040.00, 0041.00, 0059.00, 0060.00, 0061.00, 0062.01, 0062.02, 0063.00,
0064.00, 0065.00, 0066.00, 0067.00, 0068.00, 0069.00, 0070.00, 0071.00,
0072.00, 0073.00, 0074.00, 0075.00, 0077.00, 0078.00, 0079.00, 0080.00,
0081.00, 0082.01, 0082.02, 0083.00, 0084.00, 0085.01, 0085.02, 0086.01,
0087.00, 0088.00, 0089.00, 0091.00, 0092.00, 0093.00, 0094.00, 0095.00,
0096.00, 0097.00, 0098.00, 0099.01, 0099.02, 0100.01, 0100.02, 0101.00,
0102.01, 0102.02, 0103.00, 0104.00, 0105.00, 0106.00, 0107.00, 0109.00,
0110.00, 0111.00, 0204.01, 0204.02, 0205.01, 0205.02, 0205.04, 0205.05,
0206.01, 0206.02, 0207.01, 0207.05, 0207.07, 0207.41, 0207.42, 0207.61,
0207.62, 0208.02, 0208.11, 0208.12, 0209.01, 0209.02, 0210.01, 0210.02,
0210.03, 0211.01, 0211.02, 0212.01, 0212.02, 0213.02, 0213.03, 0213.04,
0214.01, 0214.21, 0214.22, 0215.01, 0215.04, 0215.05, 0215.06, 0215.08,
0215.09, 0215.71, 0215.72, 0216.02, 0216.03, 0216.04, 0217.01, 0217.02,
0218.01, 0218.02, 0219.00, 0220.00, 0221.01, 0221.02, 0222.00, 0225.00,
0226.01, 0226.02, 0227.00, 0228.00, 0229.00, 0231.00, 0232.01, 0232.22,
0233.00, 0234.00, 0252.00, 0254.01, 0255.00, 0256.00, 0257.00, 0258.00,
0260.01, 0260.02, 0261.01, 0261.02, and 0262.00.
Census block groups: groups 6 and 7 of census tract 0007.00; groups 2
and 3 of census tract 0011.00; group 1 of census tract 0021.00; group 3
of census tract 0057.02; group 3 of census tract 0223.01; groups 2 and
3 of census tract 0224.00; groups 1 and 2 of census tract 0232.10;
groups 1, 2, and 3 of census tract 0253.00; and groups 1, 3, and 4 of
census tract 0254.02.
Census blocks: blocks 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023,
1024, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1079,
1080, 1081, 1082, 1083, 1084, 1085, and 1086 of census tract 0006.00;
blocks 1004, 1005, 1008, 1009, 1010, 1011, 1012, 1013, 1017, 1018,
1019, 1020, 5000, 5001, 5002, 5003, 5004, 5005, 5006, and 5007 of
census tract 0007.00; blocks 1001, 1002, 1003, 1004, and 1005 of census
tract 0011.00; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 2005,
2006, 2007, and 2008 of census tract 0019.00; blocks 2000, 2001, 2002,
2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014,
2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026,
and 2027 of census tract 0021.00; block 3012 of census tract 0052.00;
blocks 1000, 2008, 3005, 3006, 3007, 4001, 4002, 4003, and 4004 of
census tract 0057.01; blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 4000, 4001, 4002, 4003, 4004, and 4005 of
census tract 0057.02; blocks 1001, 1002, 1003, 1004, 2001, 2002, 2003,
2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 4001,
4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013,
4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025,
4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, and 4034 of census
tract 0223.01; blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008,
1009, 1010, 1011, and 1012 of census tract 0224.00; blocks 3001, 3002,
3003, 3004, 3005, 3006, 3007, and 3008 of census tract 0232.10; blocks
4002 and 4003 of census tract 0236.00; blocks 4000, 4001, 4002, 4003,
4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015,
4016, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, and 4027 of
census tract 0253.00; and blocks 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, and
2018 of census tract 0254.02.
(2) The second district contains the following territory:
Whole counties: Adams, Brown, Clermont, and Pike.
Hamilton county (part):
Whole census tracts: 0012.00, 0013.00, 0020.00, 0042.00, 0043.00,
0044.00, 0045.00, 0046.01, 0046.02, 0046.03, 0047.01, 0047.02, 0048.00,
0049.00, 0050.00, 0051.00, 0053.00, 0054.00, 0055.00, 0056.00, 0058.00,
0108.00, 0223.02, 0230.01, 0230.02, 0235.01, 0235.21, 0235.22, 0237.01,
0237.02, 0238.00, 0239.01, 0239.02, 0240.01, 0240.02, 0241.00, 0242.00,
0243.01, 0243.03, 0243.21, 0243.22, 0244.00, 0245.00, 0247.00, 0248.00,
0249.01, 0249.02, 0250.01, 0250.02, 0251.01, 0251.02, 0251.03, 0251.04,
and 0259.00.
Census block groups: groups 2, 3, and 4 of census tract 0007.00; groups
1 and 2 of census tract 0052.00; group 1 of census tract 0057.02; and
groups 1, 2, 3, and 5 of census tract 0236.00.
Census blocks: blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1025, 1026, 1027, 1028,
1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040,
1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052,
1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1071, 1072, 1073, 1074,
1075, 1076, 1077, 1078, 1997, 1998, and 1999 of census tract 0006.00;
blocks 1000, 1001, 1002, 1003, 1006, 1007, 1014, 1015, 1016, 5008,
5009, 5010, and 5011 of census tract 0007.00; blocks 1000 and 1006 of
census tract 0011.00; blocks 1007, 1008, 1009, 1010, 1011, 1012, 2000,
2001, 2002, 2003, 2004, 2009, 2010, 2011, 2012, and 2013 of census
tract 0019.00; blocks 2028, 2029, 2030, 2031, 2032, and 2033 of census
tract 0021.00; blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007,
3008, 3009, 3010, and 3011 of census tract 0052.00; blocks 1001, 1002,
1003, 1004, 1005, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2009,
2010, 3000, 3001, 3002, 3003, 3004, and 4000 of census tract 0057.01;
blocks 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 4006 of census
tract 0057.02; blocks 1000, 2000, 2015, 2016, and 4000 of census tract
0223.01; block 1000 of census tract 0224.00; blocks 3000, 3009, 3010,
3011, and 3012 of census tract 0232.10; blocks 4000, 4001, 4004, 4005,
4006, 4007, and 4008 of census tract 0236.00; blocks 4017, 4028, and
4029 of census tract 0253.00; and block 2000 of census tract 0254.02.
Scioto county (part):
Whole census tracts: 9923.00, 9924.00, 9932.00, 9933.00, 9934.00, 9935.00, 9936.00, 9937.00, 9938.00, 9939.00, and 9940.00.
Census block groups: group 3 of census tract 9930.00; and groups 3 and 4 of census tract 9931.00.
Census blocks: blocks 1018, 1019, 1020, 1021, 1027, 1028, 1029, 1999,
2002, 2003, 2004, 2005, 2007, 2010, 2011, 2012, 2013, 2014, 2017, 2018,
2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030,
2031, 2997, 2998, 2999, 3007, 3008, 3012, 3016, 3017, 3018, 3019, 3020,
3021, 4008, 4031, 4040, and 4041 of census tract 9925.00; blocks 1010,
1011, 1012, 1013, 1014, 1995, and 1998 of census tract 9929.00; blocks
1024, 1025, 1043, 1044, 1045, 1051, 1052, 1053, 1054, 1055, 1056, 1057,
1058, 1059, 1060, 1061, 1062, 2002, 2003, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 4020, 4021, and
4022 of census tract 9930.00; and blocks 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017,
1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029,
1030, 1031, 1032, 1033, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, 2018, 2019, 2020, 2021, 2022,
2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034,
and 2035 of census tract 9931.00.
Warren county (part):
Whole census tracts: 0313.00, 0320.04, 0320.05, 0320.06, 0320.07, 0322.01, 0322.02, and 0323.00.
Census block groups: groups 2, 3, and 4 of census tract 0314.00; groups
1 and 4 of census tract 0315.00; group 3 of census tract 0320.03;
groups 1, 3, and 4 of census tract 0321.00; and groups 2 and 3 of
census tract 0324.00.
Census blocks: blocks 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072,
1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084,
1085, 1086, 1087, 1995, 1996, 1997, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021,
2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033,
2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045,
2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057,
2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069,
2070, 2071, 2997, 2998, and 2999 of census tract 0311.00; blocks 2010,
2011, 2012, 2013, 2021, 3005, 3006, 3007, 3008, 3009, 3013, 3014, 3015,
3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027,
3028, and 3029 of census tract 0312.00; blocks 1000, 1003, 1004, 1005,
1006, 1007, 1009, 1010, 1011, 1013, 1014, 1015, 1016, 1017, 1018, 1019,
1020, 1021, 1022, 1023, and 1024 of census tract 0314.00; blocks 2000,
2001, 2002, 2003, 2004, 2005, 2007, 2008, 3000, 3002, 3003, and 3004 of
census tract 0315.00; blocks 1023, 1024, 1025, 1026, 1027, 1028, 1029,
3000, 3001, 3002, 3007, 3008, 3009, and 3019 of census tract 0316.00;
blocks 1000, 3019, 3020, 3021, 3022, 3023, 3024, 3025, and 3026 of
census tract 0319.02; blocks 1012, 1013, 1016, and 1018 of census tract
0319.03; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1009,
1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021,
1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033,
2004, 2007, 2008, 2012, 2013, 2014, 2015, 2017, 2018, 2019, 2020, 2021,
2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, and 2031 of
census tract 0319.04; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006,
1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1022,
1023, 1024, 1025, 1026, 1027, 1028, 1029, 1994, 1995, 1997, 1998, 1999,
2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
2012, 2013, 2017, 2018, 2019, 2021, 2022, and 2023 of census tract
0320.03; blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,
2021, 2022, 2023, 2024, 2025, 2026, 2028, 2029, 2030, 2031, 2032, 2033,
2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2043, 2047, 2048, 2049,
2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061,
2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073,
2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085,
2086, 2087, 2088, 2089, 2090, 2091, 2092, 2093, 2094, 2095, 2096, 2097,
2098, 2099, 2100, 2101, 2102, 2103, 2104, 2109, 2110, 2111, 2112, 2997,
2998, and 2999 of census tract 0321.00; and blocks 1000, 1001, 1002,
1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014,
1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026,
1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038,
1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050,
1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1060, 1061, 1062, and
1063 of census tract 0324.00.
(3) The third district contains the following territory:
Whole counties: Clinton and Highland.
Montgomery county (part):
Whole census tracts: 0001.00, 0002.00, 0003.00, 0004.00, 0005.00,
0006.00, 0007.00, 0008.01, 0008.02, 0009.00, 0010.00, 0011.00, 0012.00,
0013.00, 0014.00, 0015.00, 0021.00, 0022.00, 0026.00, 0030.00, 0031.00,
0032.00, 0033.00, 0034.00, 0035.00, 0036.00, 0037.00, 0038.00, 0039.00,
0040.00, 0041.00, 0042.00, 0043.00, 0044.00, 0045.00, 0101.00, 0102.00,
0201.00, 0202.00, 0203.00, 0204.00, 0205.00, 0206.01, 0206.02, 0207.00,
0208.00, 0209.00, 0210.00, 0211.00, 0212.00, 0213.01, 0213.02, 0214.00,
0215.01, 0215.02, 0216.01, 0216.02, 0217.00, 0218.00, 0219.00, 0301.00,
0302.00, 0401.01, 0401.02, 0401.03, 0402.01, 0402.02, 0403.01, 0403.02,
0404.01, 0404.02, 0501.01, 0501.02, 0501.03, 0503.01, 0503.02, 0503.03,
0504.01, 0504.02, 0505.01, 0505.02, 0506.00, 0601.00, 0602.00, 0603.00,
0701.01, 0701.02, 0702.01, 0702.02, 0703.00, 0704.00, 0705.00, 0706.00,
0707.00, 0801.00, 0802.00, 0803.00, 0804.00, 0908.00, 1101.00, 1150.11,
1150.12, 1201.01, 1201.02, 1201.03, 1250.00, 1251.01, 1251.02, 1301.01,
1301.02, 1401.00, 1501.00, 1601.00, and 1650.00.
Census block groups: group 3 of census tract 0017.00; groups 2 and 6 of
census tract 0019.00; groups 1 and 3 of census tract 0027.00; groups 2
and 3 of census tract 0028.00; groups 2, 3, and 4 of census tract
0029.00; group 1 of census tract 0909.00; and groups 1, 2, 3, and 4 of
census tract 1102.00.
Census blocks: blocks 1001, 1002, 1003, 1006, 1007, 1008, 1009, 1010,
1011, 1012, 1013, 1014, 1015, 1019, 1020, 1024, 1025, 1026, 1999, 2002,
2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014,
2015, 2019, 2020, 2021, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041,
2042, 2043, 2046, 2047, 2998, and 2999 of census tract 0016.00; blocks
1006, 1007, 1008, 1036, 1037, 1038, 1039, 1040, and 1041 of census
tract 0017.00; blocks 1002, 1006, 1007, 1008, 1009, 1011, 1012, 1013,
1014, 1015, 1016, 1017, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039,
1040, 1042, 1043, 1044, 1045, 1046, 1047, 3000, 3001, 3002, 3003, 3004,
3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3017,
3018, 5005, and 5006 of census tract 0019.00; blocks 5014 and 5015 of
census tract 0023.00; block 3017 of census tract 0024.00; block 5012 of
census tract 0025.00; blocks 2001, 2002, 2003, 2004, 2006, 2007, 2008,
2009, 2010, 2011, 2012, and 2013 of census tract 0027.00; blocks 1003,
1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, and 1014 of
census tract 0028.00; blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,
1020, 1021, 1022, 1023, 1024, 1025, 1026, 1028, 1029, and 1030 of
census tract 0029.00; blocks 5001, 5002, 5003, 5004, 5005, 5006, 5007,
5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5022, 5023, 5998,
and 5999 of census tract 0805.00; blocks 1003, 1004, 1005, 1008, 1009,
1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021,
1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033,
1034, 1035, 1036, and 1037 of census tract 0904.00; blocks 2000, 2001,
2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2013, 2014, 2015,
2016, 2017, 2018, 2019, 2020, and 2025 of census tract 0906.00; blocks
1000, 1001, 1009, and 1016 of census tract 0907.00; blocks 1018, 2000,
2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2028, 2029, 2030, 2031,
2032, 2033, and 2034 of census tract 0910.00; blocks 5000, 5001, 5002,
5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014,
5015, 5016, 5017, 5018, 5019, 5023, 5024, 5025, 5026, 5027, 5028, 5029,
5030, 5031, 5032, 5033, 5034, 5035, 5036, 5993, 5998, and 5999 of
census tract 1102.00; and blocks 1000, 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017,
1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029,
1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041,
1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053,
1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, and 1998 of
census tract 1150.02.
Warren county (part):
Whole census tracts: 0301.01, 0301.02, 0302.00, 0305.01, 0305.03,
0305.04, 0306.00, 0307.00, 0308.00, 0309.00, 0310.00, 0317.00, and
0325.00.
Census block groups: group 1 of census tract 0312.00; groups 2, 4, and
5 of census tract 0316.00; group 2 of census tract 0319.02; and group 2
of census tract 0319.03.
Census blocks: blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,
1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031,
1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043,
1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055,
1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1088, 1089, 1090,
1091, 1092, 1093, 1094, 1998, 1999, 2000, 2001, 2002, and 2003 of
census tract 0311.00; blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 3000, 3001,
3002, 3003, 3004, 3010, 3011, 3012, 3030, 3031, 3032, 3033, 3034, 3035,
3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047,
3048, and 3049 of census tract 0312.00; blocks 1001, 1002, 1008, and
1012 of census tract 0314.00; blocks 2006 and 3001 of census tract
0315.00; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008,
1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020,
1021, 1022, 1030, 1031, 1032, 3003, 3004, 3005, 3006, 3010, 3011, 3012,
3013, 3014, 3015, 3016, 3017, and 3018 of census tract 0316.00; blocks
1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012,
1013, 1014, 1015, 1016, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007,
3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3027,
and 3028 of census tract 0319.02; blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1014, 1015, 1017, 1019, 1020,
1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032,
1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044,
1045, 1046, 1047, 1048, 1049, and 1050 of census tract 0319.03; blocks
1008, 2000, 2001, 2002, 2003, 2005, 2006, 2009, 2010, 2011, and 2016 of
census tract 0319.04; blocks 1018, 1019, 1020, 1021, 1996, 2014, 2015,
2016, and 2020 of census tract 0320.03; blocks 2027, 2042, 2044, 2045,
2046, 2105, 2106, 2107, and 2108 of census tract 0321.00; and block
1059 of census tract 0324.00.
(4) The fourth district contains the following territory:
Whole counties: Allen, Auglaize, Champaign, Hancock, Hardin, Logan, Marion, Morrow, Richland, and Shelby.
Wyandot county (part):
Whole census tracts: 9881.00 and 9882.00.
Census block group: group 2 of census tract 9884.00.
Census blocks: blocks 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018,
1037, 1038, 1039, 1040, 1041, 1042, 1051, 1052, 1053, 1054, 1055, 1056,
1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1069, 1070, 1071, 1072,
1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1086, 1087, 1088, 1089,
1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101,
1102, 1103, 1104, 1105, 1108, 1109, 1110, 1111, 1112, 1113, and 1114 of
census tract 9880.00; blocks 1004, 1005, 1006, 1007, 1008, 1009, 1010,
1011, 1014, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1026,
1027, 1028, 1029, 1030, 1031, 1032, 3003, 3004, 3005, 3006, 3007, 3008,
3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, and 4011 of census
tract 9883.00; blocks 1023, 1024, 1025, 1026, 1039, 1040, 1041, 1042,
1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054,
1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1997,
1998, 3002, 3003, 3004, 3005, 3009, 3010, 3011, 3012, 3018, 3019, 3020,
3021, 3022, 3023, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008,
4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, and 4019 of
census tract 9884.00; and blocks 3029, 3030, 3031, 3032, 3033, 3047,
3048, 3090, 3091, 3093, and 3094 of census tract 9885.00.
(5) The fifth district contains the following territory:
Whole counties: Crawford, Defiance, Fulton, Henry, Huron, Paulding, Putnam, Sandusky, Seneca, Van Wert, Williams, and Wood.
Ashland county (part):
Census block groups: groups 1, 2, and 3 of census tract 9701.00; and groups 1, 2, and 3 of census tract 9702.00.
Census blocks: blocks 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007,
4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019,
4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031,
4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4042, 4043,
4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055,
4056, 4057, 4058, 4059, 4060, 4063, 4064, 4065, 4066, 4067, 4068, 4069,
4070, 4075, 4076, 4077, 4078, 4079, 4080, 4081, 4082, 4083, 4084, 4085,
4086, and 4091 of census tract 9701.00; blocks 4000, 4001, 4002, 4003,
4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015,
4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027,
4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039,
4040, 4041, 4042, 4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051,
4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4060, 4061, 4062, 4063,
4067, 4068, 4069, 4070, 4071, 4072, 4073, 4074, 4075, 4076, 4077, 4078,
4079, 4080, 4081, 4082, 4998, and 4999 of census tract 9702.00; and
blocks 1006, 1007, 1008, 1009, 1010, 1011, 1042, and 1043 of census
tract 9704.00.
Lucas county (part):
Whole census tracts: 0089.01, 0089.02, and 0096.00.
Census block groups: groups 1 and 2 of census tract 0095.00.
Census blocks: blocks 3026, 3027, 3028, and 4043 of census tract
0090.00; and blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007,
3008, 3009, 3010, 3011, 3012, 3014, 3015, 3016, 3017, 3018, 3019, 3020,
3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032,
3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044,
3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056,
3998, and 3999 of census tract 0095.00.
Mercer county (part):
Whole census tracts: 9672.00 and 9673.00.
Census blocks: blocks 2007, 2008, 2009, 2010, 2011, 2012, 2014, 2015,
2016, 2017, 2043, 3018, 3019, 3020, 3021, 4018, 4019, 4020, 4021, 4022,
4034, 4035, and 4036 of census tract 9674.00; blocks 1000, 1006, 1007,
2000, 2001, 2002, 2003, and 2004 of census tract 9675.00; block 1049 of
census tract 9676.00; block 1002 of census tract 9677.00; and blocks
1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011,
1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 2000, 2001, 2002, 2003,
2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,
2016, 2017, 2018, 2019, 2020, 2021, 2025, 2026, 2027, 2028, 2080, 2081,
and 2082 of census tract 9680.00.
Wyandot county (part):
Census block groups: groups 2, 3, and 4 of census tract 9880.00; group
2 of census tract 9883.00; and groups 1 and 2 of census tract 9885.00.
Census blocks: blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027,
1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1043, 1044, 1045,
1046, 1047, 1048, 1049, 1050, 1065, 1066, 1067, 1068, 1081, 1082, 1083,
1084, 1085, 1106, and 1107 of census tract 9880.00; blocks 1000, 1001,
1002, 1003, 1012, 1013, 1015, 1025, 1033, 1034, 1035, 1036, 1037, 1038,
1039, 1040, 1041, 1042, 1043, 3000, 3001, 3002, 4000, 4001, 4002, 4003,
4004, 4005, 4006, 4007, 4008, 4009, 4010, 4012, 4013, 4014, 4015, and
4016 of census tract 9883.00; blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022, 1027, 1028, 1029, 1030, 1031, 1032,
1033, 1034, 1035, 1036, 1037, 1038, 1066, 1067, 1068, 1069, 1070, 1071,
1072, 1999, 3000, 3001, 3006, 3007, 3008, 3013, 3014, 3015, 3016, 3017,
and 4018 of census tract 9884.00; and blocks 3000, 3001, 3002, 3003,
3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015,
3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027,
3028, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044,
3045, 3046, 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3057, 3058,
3059, 3060, 3061, 3062, 3063, 3064, 3065, 3066, 3067, 3068, 3069, 3070,
3071, 3072, 3073, 3074, 3075, 3076, 3077, 3078, 3079, 3080, 3081, 3082,
3083, 3084, 3085, 3086, 3087, 3088, 3089, 3092, 3095, 3096, 3097, 3098,
3099, 3100, 3101, 3102, 3103, 3104, 3105, and 3999 of census tract
9885.00.
(6) The sixth district contains the following territory:
Whole counties: Columbiana, Gallia, Jefferson, Lawrence, Meigs, Monroe, Noble, and Washington.
Athens county (part):
Whole census tracts: 9730.00, 9731.01, 9731.02, 9731.03, 9733.00, 9736.00, and 9737.00.
Census block groups: group 1 of census tract 9729.00; groups 1 and 4 of
census tract 9732.00; group 1 of census tract 9734.00; groups 1 and 3
of census tract 9735.00; and groups 3 and 4 of census tract 9738.00.
Census blocks: blocks 5093 and 5094 of census tract 9726.00; blocks
2000, 2001, 2002, 2003, 2004, 2005, 2006, 2011, 2012, 2013, 2014, 2015,
2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027,
2028, 2029, 2030, 2031, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014,
3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026,
3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 4000, 4001, 4002, 4003,
4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4041, 4042, 4043, 4044,
4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056,
4057, 4058, and 4059 of census tract 9729.00; blocks 2000, 2001, 2002,
2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014,
2015, 2016, 2017, 2018, 2019, 2020, 2038, 2039, 2040, 2041, 2042, 2043,
2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055,
2056, 2057, 2058, 2059, 2061, 2062, 2063, 3000, 3001, 3002, 3003, 3004,
3005, 3006, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018,
3019, 3020, 3021, and 3022 of census tract 9732.00; blocks 2000, 2017,
2018, 2019, 2020, 2021, 2022, 2025, 2026, 2028, 2029, 2030, 2031, 2032,
2033, 2034, 3033, 3034, 3035, 4030, 4031, 4032, 4033, 4034, 4035, 4036,
and 4037 of census tract 9734.00; blocks 2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2051,
2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063,
2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075,
2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087,
2088, 2089, 2090, 2091, 2092, 2093, 2094, 2095, 2096, 2097, 2098, 2099,
2100, 2101, 2102, 2103, 2106, 2107, 2108, and 2109 of census tract
9735.00; and blocks 1046, 1047, 1048, 1049, 1050, 1056, 1057, 1062,
1063, 1064, 1065, 1066, 2004, 2005, 2006, 2009, 2010, 2011, 2012, 2013,
2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025,
2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037,
2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049,
2050, 2051, 2052, 2053, 2054, 2055, 2998, and 2999 of census tract
9738.00.
Belmont county (part):
Whole census tracts: 0101.00, 0102.00, 0103.00, 0107.00, 0108.02,
0109.00, 0110.00, 0112.00, 0113.00, 0114.00, 0115.00, 0116.00, 0117.00,
0119.00, 0120.00, and 0121.00.
Census block groups: groups 1 and 2 of census tract 0106.00.
Census blocks: blocks 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015,
3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027,
3028, 3029, 3030, 3031, 3032, 3033, 3034, 3055, and 3056 of census
tract 0106.00.
Mahoning county (part):
Whole census tracts: 8112.00, 8113.00, 8114.00, 8115.00, 8116.00,
8117.00, 8118.00, 8119.00, 8120.01, 8120.02, 8121.00, 8122.00, 8127.00,
8128.00, 8129.00, 8130.00, 8132.00, 8133.00, 8134.00, 8135.00, and
8136.00.
Census blocks: blocks 9013, 9020, 9021, 9022, 9023, 9024, 9025, 9026,
9044, 9996, 9997, 9998, and 9999 of census tract 8125.00; and blocks
3012, 3013, 3014, 3015, 3016, 3017, 3018, 3021, 3035, 3036, 3037, 3038,
3997, 3998, and 3999 of census tract 8126.03.
Scioto county (part):
Whole census tracts: 9921.00, 9922.00, 9926.00, 9927.00, and 9928.00.
Census block groups: groups 2, 3, 4, and 5 of census tract 9929.00.
Census blocks: blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1022, 1023,
1024, 1025, 1026, 2000, 2001, 2006, 2008, 2009, 2015, 2016, 3000, 3001,
3002, 3003, 3004, 3005, 3006, 3009, 3010, 3011, 3013, 3014, 3015, 4000,
4001, 4002, 4003, 4004, 4005, 4006, 4007, 4009, 4010, 4011, 4012, 4013,
4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025,
4026, 4027, 4028, 4029, 4030, 4032, 4033, 4034, 4035, 4036, 4037, 4038,
4039, 4042, and 4043 of census tract 9925.00; blocks 1000, 1001, 1002,
1003, 1004, 1005, 1006, 1007, 1008, 1009, 1015, 1016, 1017, 1018, 1019,
1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031,
1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043,
1044, 1996, 1997, and 1999 of census tract 9929.00; blocks 1000, 1001,
1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013,
1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1026, 1027,
1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039,
1040, 1041, 1042, 1046, 1047, 1048, 1049, 1050, 2000, 2001, 2004, 4000,
4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012,
4013, 4014, 4015, 4016, 4017, 4018, 4019, 4023, 4024, 4025, 4026, 4027,
and 4028 of census tract 9930.00; and blocks 1000, 1034, 2000, 2001,
and 2017 of census tract 9931.00.
(7) The seventh district contains the following territory:
Whole counties: Clark, Fairfield, Fayette, Greene, Perry, and Pickaway.
Franklin county (part):
Whole census tracts: 0092.20, 0092.40, 0093.11, 0093.12, 0093.40, 0093.50, 0093.73, 0093.74, 0094.10, 0094.50, and 0095.10.
Census block groups: groups 2, 4, and 5 of census tract 0088.25; groups
1, 2, and 3 of census tract 0092.30; groups 1 and 2 of census tract
0092.50; groups 1 and 2 of census tract 0093.22; groups 2 and 4 of
census tract 0093.61; groups 2 and 4 of census tract 0093.71; groups 1,
3, and 4 of census tract 0093.72; groups 1, 2, and 3 of census tract
0094.20; groups 5 and 6 of census tract 0094.92; and groups 2, 3, and 4
of census tract 0095.90.
Census blocks: block 1001 of census tract 0027.70; blocks 1082, 1083,
and 1086 of census tract 0074.10; blocks 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 1011, 1012, 2016, 2017, 2018, 2019, 2020,
2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032,
2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044,
and 2998 of census tract 0088.22; blocks 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 3000, 3001,
3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013,
3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025,
3026, 3027, 3028, 3029, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039,
3040, and 3041 of census tract 0088.25; blocks 1025, 1026, 1027, 1028,
1029, 2000, 2001, 2002, 2003, 2008, 2009, 2010, 2011, 2012, 2013, 2014,
2015, and 2016 of census tract 0092.10; blocks 4000, 4001, 4002, 4003,
4004, 4005, 4006, 4007, 4008, 4009, and 4010 of census tract 0092.30;
blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009,
3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, and 3018 of census
tract 0092.50; blocks 1005, 2000, 2001, 2002, and 2003 of census tract
0093.21; block 1000 of census tract 0093.31; blocks 3010, 3011, and
3012 of census tract 0093.61; blocks 1023 and 1024 of census tract
0093.71; blocks 2000, 2001, 2002, 2004, 2005, 2006, 2007, 2008, 2009,
2010, and 2011 of census tract 0093.72; blocks 1009, 1010, 1011, 1012,
1013, 1014, and 1015 of census tract 0093.86; blocks 4000, 4001, 4002,
4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015,
4016, 4017, 4018, and 4019 of census tract 0094.20; blocks 1000, 1001,
1002, 1003, 1005, 1009, 1010, 1011, 1012, 4002, 4003, 4004, 4005, 4006,
4007, 4008, 4009, 4010, 4011, 4012, 4014, 4015, 4016, 5005, 5006, 5007,
5014, 5015, 5017, 5018, 5019, 5020, 5022, 5023, 5024, 5025, 5026, 5028,
and 5033 of census tract 0094.30; blocks 1000, 1001, 1002, 1004, 1005,
1006, 1007, 1008, 2004, 2005, and 2006 of census tract 0094.40; blocks
1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1009, 1010, 1011, 1012,
1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024,
1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036,
2000, 2001, 2002, 2003, 2004, 2005, 2009, 2010, 2011, 2012, 2013, 2014,
2015, 2016, 2017, 2018, 2019, 2020, 2025, 2026, 2027, 2028, 2029, 2030,
2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042,
2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2998, and 2999 of
census tract 0094.91; blocks 1002, 1003, 1004, 1005, 1006, 1007, 1011,
1012, 1013, 1014, 1016, 1017, 1018, 1021, 2055, 2058, 2059, 2060, 3001,
3004, 3005, 3008, 4000, 4001, 4002, 4006, 4007, 4008, 4009, 4024, and
4025 of census tract 0094.92; blocks 1031, 1032, 2028, 2029, 2030,
2031, and 3017 of census tract 0095.20; blocks 1004, 1006, 1007, 1008,
1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020,
1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032,
1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, and
1044 of census tract 0095.90; and blocks 3048, 3049, 3997, 3998, and
3999 of census tract 0097.40.
Ross county (part):
Whole census tract: 9556.03.
Census block group: group 1 of census tract 9556.01.
Census blocks: blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
2008, 2009, 2010, 2011, 2996, 2997, and 2999 of census tract 9556.01;
blocks 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014,
1015, 1016, 1017, 1018, 1019, 1067, 1068, and 1069 of census tract
9556.02; blocks 1001, 1002, 1003, 1004, 1005, 1006, and 1017 of census
tract 9557.00; blocks 1000, 1001, 1002, 1003, 1008, 1014, 1015, 1026,
1034, 1035, 1036, 1037, 1038, 1039, 2000, 2001, 2002, 2003, 2004, 2005,
2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,
2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029,
2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041,
2042, 2043, 2044, 2046, 2047, 2048, 2049, 3000, 3001, 3003, 3004, 3005,
3006, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4011, 4012, 4013, 4014,
4015, and 4018 of census tract 9558.00; and blocks 1025 and 1026 of
census tract 9560.00.
(8) The eighth district contains the following territory:
Whole counties: Darke, Miami, and Preble.
Butler county (part):
Whole census tracts: 0001.00, 0002.00, 0003.00, 0004.00, 0005.00,
0006.00, 0007.01, 0007.02, 0008.00, 0009.00, 0010.01, 0011.00, 0013.00,
0101.01, 0101.02, 0101.04, 0102.01, 0103.00, 0105.00, 0106.00, 0109.01,
0109.03, 0109.04, 0109.06, 0109.07, 0109.08, 0109.09, 0110.01, 0110.02,
0111.01, 0111.04, 0111.06, 0111.07, 0111.08, 0111.09, 0111.10, 0111.11,
0111.12, 0111.13, 0112.00, 0113.00, 0118.01, 0118.02, 0119.00, 0120.00,
0121.00, 0122.00, 0123.00, 0124.00, 0125.00, 0126.00, 0127.00, 0128.00,
0129.00, 0130.00, 0131.00, 0132.00, 0133.00, 0134.00, 0135.00, 0136.00,
0139.00, 0140.00, and 0141.00.
Census block groups: groups 2, 3, and 4 of census tract 0010.02; groups
1, 2, 3, and 6 of census tract 0012.00; groups 1 and 2 of census tract
0014.00; groups 1 and 2 of census tract 0101.03; group 3 of census
tract 0102.02; and group 2 of census tract 0109.02.
Census blocks: blocks 1000, 1001, 1003, 1006, 1007, 1008, 1009, 1010,
1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022,
1023, 1024, 1025, and 1026 of census tract 0010.02; blocks 5000, 5001,
5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013,
5014, 5015, 5016, 7000, 7001, 7002, 7003, 7004, 7005, 7006, 7007, 7011,
7013, 7014, 7015, 7016, 7017, 7018, 7019, 7020, 7021, 7022, 7023, 7024,
7025, 7026, and 7028 of census tract 0012.00; blocks 3000, 3001, 3002,
3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014,
3015, 3016, 3017, 3018, 3019, 3020, 3021, 3025, 3026, 3027, 3028, 3030,
3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, and 3039 of census
tract 0014.00; blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007,
3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 4000, 4001, 4002,
4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014,
4015, 4016, 4017, and 4018 of census tract 0101.03; blocks 1000, 1001,
1002, 1009, 2000, 2001, 2002, 2003, 2004, and 2005 of census tract
0102.02; blocks 1024, 1025, 1026, 1027, 1030, 1031, 1032, 1033, 1034,
1036, 2014, 2015, 2016, 2017, 2018, 2021, 2022, 2023, 2024, 2025, 2026,
2027, 2028, 2029, 2030, 5000, 5001, 5002, and 5003 of census tract
0107.00; blocks 1000, 1001, 1005, 1006, 1007, 1008, 1015, 1016, 1017,
1018, 1998, and 1999 of census tract 0108.00; and blocks 1000, 1001,
1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013,
1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025,
1026, 1027, 1028, 1029, 1030, 1031, 1990, 1991, 1992, 1993, 1994, 1997,
and 1998 of census tract 0109.02.
Mercer county (part):
Whole census tracts: 9678.00 and 9679.00.
Census block groups: group 1 of census tract 9674.00; groups 3 and 4 of
census tract 9675.00; groups 2, 3, and 4 of census tract 9676.00;
groups 2, 3, and 4 of census tract 9677.00; and groups 3 and 4 of
census tract 9680.00.
Census blocks: blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2013,
2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029,
2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041,
2042, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010,
3011, 3012, 3013, 3014, 3015, 3016, 3017, 3022, 3023, 3024, 3025, 3026,
3027, 3028, 3029, 3030, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007,
4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4023, 4024,
4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, and 4033 of census
tract 9674.00; blocks 1001, 1002, 1003, 1004, 1005, 1008, 1009, 1010,
1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022,
1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034,
1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046,
1047, 1048, 1049, 1999, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,
2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024,
2025, 2026, 2027, 2028, 2029, and 2030 of census tract 9675.00; blocks
1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011,
1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023,
1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035,
1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047,
1048, 1050, and 1999 of census tract 9676.00; blocks 1000, 1001, 1003,
1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015,
1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027,
1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039,
1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051,
1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063,
1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075,
1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, and 1086 of
census tract 9677.00; and blocks 1020, 1021, 1022, 1023, 1024, 1025,
1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037,
1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049,
1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061,
1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073,
1074, 2022, 2023, 2024, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036,
2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048,
2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060,
2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072,
2073, 2074, 2075, 2076, 2077, 2078, and 2079 of census tract 9680.00.
Montgomery county (part):
Whole census tracts: 0018.00, 0020.00, 0806.00, 0807.00, 0903.01,
0903.02, 1001.01, 1001.02, 1002.01, 1002.02, 1002.03, 1003.01, 1003.02,
and 1004.00.
Census block groups: group 2 of census tract 0017.00; group 4 of census
tract 0019.00; groups 1, 2, 3, and 4 of census tract 0023.00; groups 1
and 2 of census tract 0024.00; groups 1, 2, 3, and 4 of census tract
0025.00; groups 1, 2, 3, and 4 of census tract 0805.00; group 1 of
census tract 0906.00; and group 2 of census tract 0909.00.
Census blocks: blocks 1000, 1004, 1005, 1016, 1017, 1018, 1021, 1022,
1023, 2000, 2001, 2016, 2017, 2018, 2022, 2023, 2024, 2025, 2026, 2027,
2028, 2029, 2030, 2031, 2032, 2033, 2044, and 2045 of census tract
0016.00; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1009, 1010, 1011,
1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023,
1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035,
1042, 1043, 1044, 1045, 1046, and 1047 of census tract 0017.00; blocks
1000, 1001, 1003, 1004, 1005, 1010, 1018, 1019, 1020, 1021, 1022, 1023,
1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1041, 1999, 3016, 5000,
5001, 5002, 5003, 5004, 5007, 5008, 5009, and 5010 of census tract
0019.00; blocks 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008,
5009, 5010, 5011, 5012, and 5013 of census tract 0023.00; blocks 3000,
3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012,
3013, 3014, 3015, 3016, 3018, 3019, and 3020 of census tract 0024.00;
blocks 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009,
5010, 5011, 5013, 5014, 5015, 5016, and 5017 of census tract 0025.00;
blocks 2000, 2005, 2014, 2015, 2016, 2017, and 2018 of census tract
0027.00; blocks 1000, 1001, and 1002 of census tract 0028.00; blocks
1000 and 1027 of census tract 0029.00; blocks 5000, 5017, 5018, 5019,
5020, and 5021 of census tract 0805.00; blocks 1000, 1001, 1002, 1006,
and 1007 of census tract 0904.00; blocks 2011, 2012, 2021, 2022, 2023,
2024, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036,
2037, and 2038 of census tract 0906.00; blocks 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1010, 1011, 1012, 1013, 1014, 1015, 1017, and 1018 of
census tract 0907.00; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006,
1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021,
2022, 2023, 2024, 2025, 2026, and 2027 of census tract 0910.00; blocks
5020, 5021, 5022, 5994, 5995, 5996, and 5997 of census tract 1102.00;
and block 1999 of census tract 1150.02.
(9) The ninth district contains the following territory:
Whole counties: Erie and Ottawa.
Lorain county (part):
Whole census tracts: 0301.00, 0501.00, 0503.00, 0504.00, 0601.00, 0602.00, 0921.00, 0931.00, 0941.00, 0961.00, and 0971.00.
Census block groups: groups 2 and 3 of census tract 0502.00; groups 1,
2, and 3 of census tract 0571.00; groups 1 and 3 of census tract
0771.00; and groups 2 and 4 of census tract 0951.00.
Census blocks: blocks 1015, 1016, 1017, and 1019 of census tract
0226.02; blocks 9006, 9007, and 9011 of census tract 0227.00; blocks
1021, 1035, 1036, 1037, 1038, and 1039 of census tract 0241.00; blocks
1000, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012,
1013, 1014, 1015, 1016, 1017, 1018, and 1019 of census tract 0502.00;
blocks 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009,
4010, 4011, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022,
4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, and 4999 of census
tract 0571.00; blocks 2029, 2030, and 2032 of census tract 0709.01;
block 9014 of census tract 0709.02; blocks 5005 and 5006 of census
tract 0711.00; blocks 1044, 1045, 1067, and 1068 of census tract
0712.00; blocks 1000, 1003, 1012, 1013, 2010, 2011, 2012, 2013, 2014,
2015, 2016, 2017, 2018, 2020, and 2025 of census tract 0713.00; blocks
1012, 1013, 1014, 1015, 3000, 3003, 3006, 3019, and 3021 of census
tract 0714.00; blocks 1000, 1002, 1003, 1004, 1005, 1006, 1007, 1008,
1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1999, 2002,
2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014,
2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026,
2027, 2028, 2029, 2030, 2995, 2996, 2997, 2998, and 2999 of census
tract 0715.00; blocks 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2015, 2016, 2017, 2018, 2019, and 2999 of census
tract 0771.00; blocks 2016, 2017, 2018, 2019, 2020, 2024, 2025, 2028,
and 2030 of census tract 0912.00; and blocks 1005, 1007, 1008, 1009,
1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021,
1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 3001,
3002, 3003, 3006, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016,
3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028,
3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3997, 3998,
and 3999 of census tract 0951.00.
Lucas county (part):
Whole census tracts: 0000.00, 0002.00, 0003.00, 0004.00, 0006.00,
0007.00, 0008.00, 0009.00, 0010.00, 0011.00, 0012.01, 0012.02, 0013.01,
0013.02, 0013.03, 0013.04, 0014.00, 0015.00, 0016.00, 0017.00, 0018.00,
0019.00, 0020.00, 0021.00, 0022.00, 0023.00, 0024.01, 0024.02, 0025.00,
0026.00, 0027.00, 0028.00, 0029.00, 0030.00, 0031.00, 0032.00, 0033.00,
0034.00, 0035.00, 0036.00, 0037.00, 0038.00, 0039.00, 0040.00, 0041.00,
0042.00, 0043.01, 0043.02, 0044.00, 0045.01, 0045.03, 0045.04, 0046.00,
0047.01, 0047.02, 0048.00, 0049.00, 0050.00, 0051.00, 0052.00, 0053.00,
0054.00, 0055.01, 0055.02, 0055.03, 0056.00, 0057.01, 0057.02, 0057.03,
0058.01, 0058.02, 0059.01, 0059.02, 0060.00, 0061.00, 0062.00, 0063.00,
0064.00, 0065.00, 0066.00, 0067.00, 0068.00, 0069.00, 0070.01, 0070.02,
0071.01, 0071.02, 0072.02, 0072.03, 0072.04, 0072.05, 0073.01, 0073.02,
0073.03, 0074.00, 0075.00, 0076.00, 0077.00, 0078.00, 0079.01, 0079.02,
0080.00, 0081.00, 0082.01, 0082.02, 0082.03, 0083.01, 0083.02, 0084.00,
0085.00, 0086.00, 0087.00, 0088.00, 0091.00, 0092.01, 0092.02, 0093.00,
0094.00, 0097.00, 0098.00, 0099.00, 0100.01, 0100.02, and 0101.00.
Census block groups: groups 1 and 2 of census tract 0090.00.
Census blocks: blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007,
3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019,
3020, 3021, 3022, 3023, 3024, 3025, 4000, 4001, 4002, 4003, 4004, 4005,
4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017,
4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029,
4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041,
4042, 4044, 4045, 4046, 4998, and 4999 of census tract 0090.00; and
block 3013 of census tract 0095.00.
(10) The tenth district contains the following territory:
Cuyahoga county (part):
Whole census tracts: 1011.01, 1011.02, 1012.00, 1013.00, 1014.00,
1015.00, 1016.00, 1017.00, 1018.00, 1019.00, 1021.01, 1021.02, 1022.00,
1023.00, 1024.01, 1024.02, 1025.00, 1027.00, 1028.00, 1029.00, 1031.00,
1051.00, 1052.00, 1053.00, 1054.00, 1055.00, 1056.02, 1057.00, 1059.00,
1061.00, 1062.00, 1063.00, 1064.00, 1065.00, 1066.00, 1068.00, 1069.00,
1070.00, 1107.00, 1109.00, 1151.00, 1157.00, 1231.00, 1232.00, 1233.00,
1234.00, 1235.01, 1235.02, 1236.01, 1236.02, 1236.03, 1237.00, 1238.00,
1239.00, 1241.00, 1242.01, 1242.02, 1243.00, 1244.00, 1245.00, 1246.00,
1301.03, 1301.04, 1301.05, 1301.06, 1341.00, 1342.03, 1342.04, 1342.05,
1342.06, 1343.00, 1371.01, 1371.02, 1371.03, 1381.05, 1381.06, 1381.07,
1381.08, 1381.09, 1381.10, 1531.03, 1531.04, 1531.05, 1531.06, 1531.07,
1541.00, 1542.00, 1544.00, 1545.01, 1545.02, 1546.01, 1546.03, 1546.04,
1561.01, 1561.02, 1601.00, 1602.00, 1603.00, 1604.00, 1605.00, 1606.01,
1606.02, 1607.00, 1608.00, 1609.00, 1610.00, 1611.00, 1612.00, 1613.00,
1614.00, 1615.00, 1616.00, 1617.00, 1618.00, 1731.03, 1731.04, 1731.05,
1731.06, 1731.07, 1741.03, 1741.04, 1741.05, 1741.06, 1741.07, 1742.03,
1742.04, 1742.05, 1742.06, 1742.07, 1761.00, 1762.00, 1771.01, 1771.03,
1771.04, 1772.01, 1772.02, 1773.02, 1773.03, 1773.04, 1774.03, 1774.04,
1774.05, 1774.06, 1775.01, 1775.03, 1775.04, 1775.05, 1776.04, 1776.05,
1776.06, 1776.07, 1776.08, 1776.09, 1781.01, 1781.02, 1782.01, 1782.04,
1782.05, 1782.06, 1811.00, 1812.01, 1812.03, 1812.04, 1821.03, 1821.04,
1821.05, 1821.06, 1861.06, 1861.07, 1891.05, 1891.07, 1891.08, 1891.09,
1891.10, 1891.11, 1891.12, 1905.02, 1905.03, 1905.04, 1915.00, 1920.00,
1922.00, 1923.00, 1929.00, and 1951.00.
Census block groups: groups 1 and 3 of census tract 1034.00; group 2 of
census tract 1108.00; group 2 of census tract 1154.00; groups 3 and 4
of census tract 1158.00; group 3 of census tract 1861.04; and group 3
of census tract 1940.00.
Census blocks: blocks 0996 and 0997 of census tract 0000.00; blocks
1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018,
1019, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2018, 2019,
2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, and 2029 of
census tract 1026.00; blocks 1000, 1002, 1003, 1004, 1005, 1006, 1014,
1996, and 1999 of census tract 1032.00; blocks 2001, 2002, 2003, 2004,
2005, and 2006 of census tract 1034.00; blocks 1000, 1001, 1002, 1003,
1004, and 1007 of census tract 1035.00; blocks 1006, 1007, 1013, 1014,
1018, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1996,
1997, and 1998 of census tract 1048.00; blocks 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 2003, 2004, 2005, 2006, 2007, 2008, 3002,
3003, 3004, 3005, 4003, 4004, 4005, 4006, 4007, 4008, 4009, and 4011 of
census tract 1049.00; blocks 1008, 1019, and 1022 of census tract
1104.00; blocks 1000, 1001, 1002, 1005, 1009, 1010, 1011, 1012, 1013,
1014, 1015, 1016, 1017, 1018, and 1999 of census tract 1106.00; blocks
1002, 1003, and 1004 of census tract 1152.00; blocks 1011, 1012, 1013,
2000, 2001, 2002, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 5000,
5001, 5002, 5003, 5004, 5005, and 5009 of census tract 1158.00; blocks
3000, 3001, 3002, 3005, 3006, 3007, 3010, 4001, 4002, and 4005 of
census tract 1159.00; block 1012 of census tract 1543.00; block 3012 of
census tract 1547.00; blocks 1006, 1007, 1008, 1009, 1010, 1011, and
1012 of census tract 1861.04; blocks 5000, 5001, 5002, 5003, 5005,
5006, 5007, 6000, 6001, 6002, 6003, 6004, 6005, 6006, 6008, and 6009 of
census tract 1861.05; blocks 1015, 1016, 4012, 4013, 4014, 4015, 4016,
4017, 4018, and 4019 of census tract 1940.00; and blocks 1000, 1001,
1002, 1003, 1004, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015,
1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027,
1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, and 1037 of
census tract 1941.00.
(11) The eleventh district contains the following territory:
Cuyahoga county (part):
Whole census tracts: 1033.00, 1036.00, 1037.00, 1038.00, 1039.00,
1041.00, 1042.00, 1043.00, 1044.00, 1045.00, 1046.00, 1047.01, 1047.02,
1056.01, 1071.00, 1072.00, 1073.00, 1074.00, 1075.00, 1076.00, 1077.00,
1078.00, 1079.00, 1081.00, 1082.00, 1083.00, 1084.00, 1085.00, 1086.00,
1087.00, 1088.00, 1089.00, 1091.00, 1092.00, 1093.00, 1096.00, 1097.00,
1098.00, 1099.00, 1101.00, 1102.00, 1103.00, 1105.00, 1111.00, 1112.00,
1113.00, 1114.01, 1114.02, 1115.00, 1116.00, 1117.00, 1118.00, 1119.01,
1119.02, 1121.00, 1122.00, 1123.00, 1124.00, 1125.00, 1126.00, 1127.00,
1128.00, 1129.00, 1131.00, 1132.00, 1133.00, 1134.00, 1135.00, 1136.00,
1137.00, 1138.00, 1139.00, 1141.00, 1142.00, 1143.00, 1144.00, 1145.00,
1146.00, 1147.00, 1148.00, 1149.00, 1153.00, 1155.00, 1161.00, 1162.00,
1163.00, 1164.00, 1165.00, 1166.00, 1167.00, 1168.00, 1169.00, 1171.01,
1171.02, 1172.01, 1172.02, 1173.00, 1174.00, 1175.00, 1176.00, 1177.00,
1178.00, 1179.00, 1181.00, 1182.00, 1183.00, 1184.00, 1185.00, 1186.01,
1186.02, 1187.00, 1188.00, 1189.00, 1191.00, 1192.01, 1192.02, 1193.00,
1194.01, 1194.02, 1195.01, 1195.02, 1196.00, 1197.01, 1197.02, 1198.00,
1199.00, 1201.00, 1202.00, 1204.00, 1205.00, 1206.00, 1207.01, 1207.02,
1208.01, 1208.02, 1211.00, 1212.00, 1213.00, 1214.01, 1214.02, 1215.00,
1216.00, 1217.00, 1218.00, 1219.00, 1221.00, 1222.00, 1223.00, 1261.00,
1275.00, 1311.02, 1311.03, 1311.04, 1321.00, 1322.00, 1323.01, 1323.02,
1331.03, 1331.04, 1331.05, 1331.06, 1401.00, 1402.01, 1402.02, 1403.01,
1403.02, 1404.00, 1405.00, 1406.00, 1407.01, 1407.02, 1408.00, 1409.00,
1410.00, 1411.00, 1412.00, 1413.00, 1414.00, 1415.00, 1416.01, 1416.02,
1417.00, 1501.00, 1503.00, 1504.00, 1511.00, 1512.00, 1513.00, 1514.00,
1515.00, 1516.00, 1517.00, 1518.00, 1521.01, 1521.02, 1522.01, 1522.02,
1523.01, 1523.02, 1523.03, 1524.00, 1525.01, 1525.02, 1526.03, 1526.04,
1526.05, 1526.06, 1527.01, 1527.02, 1527.03, 1701.01, 1701.02, 1702.01,
1702.02, 1711.02, 1711.03, 1711.04, 1712.03, 1712.04, 1712.05, 1712.06,
1721.01, 1721.02, 1721.03, 1722.01, 1722.02, 1791.01, 1791.02, 1801.02,
1801.03, 1801.04, 1831.00, 1832.00, 1833.00, 1834.01, 1834.02, 1835.01,
1835.02, 1836.03, 1836.04, 1836.05, 1836.06, 1851.01, 1851.02, 1851.03,
1851.04, 1852.01, 1852.02, 1852.03, 1871.03, 1871.04, 1871.05, 1871.06,
1881.03, 1881.04, 1881.05, 1881.06, 1881.07, 1928.00, 1938.00, 1939.00,
1948.00, and 1949.00.
Census block groups: group 2 of census tract 1032.00; groups 2 and 3 of
census tract 1035.00; groups 2 and 3 of census tract 1048.00; group 1
of census tract 1108.00; group 1 of census tract 1154.00; groups 1 and
2 of census tract 1159.00; groups 1, 2, and 4 of census tract 1547.00;
and group 2 of census tract 1940.00.
Census blocks: blocks 0995, 0998, and 0999 of census tract 0000.00;
blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1020, 1021, 1022,
1023, 1024, 1025, 2000, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,
2030, and 2031 of census tract 1026.00; blocks 1001, 1007, 1008, 1009,
1010, 1011, 1012, 1013, 1997, and 1998 of census tract 1032.00; blocks
2000 and 2007 of census tract 1034.00; blocks 1005, 1006, 1008, 1009,
1010, and 1011 of census tract 1035.00; blocks 1000, 1001, 1002, 1003,
1004, 1005, 1008, 1009, 1010, 1011, 1012, 1015, 1016, 1017, 1019, 1020,
1021, 1022, 1023, 1024, 1025, and 1999 of census tract 1048.00; blocks
1000, 1001, 2000, 2001, 2002, 3000, 3001, 3006, 4000, 4001, 4002, and
4010 of census tract 1049.00; blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017,
1018, 1020, 1021, 1023, and 1024 of census tract 1104.00; blocks 1003,
1004, 1006, 1007, and 1008 of census tract 1106.00; blocks 1000, 1001,
1005, 1006, 1007, 1008, 1009, 1010, and 1011 of census tract 1152.00;
blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009,
1010, 1014, 2003, 2004, 5006, 5007, and 5008 of census tract 1158.00;
blocks 3003, 3004, 3008, 3009, 4000, 4003, and 4004 of census tract
1159.00; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008,
1009, 1010, 1011, 1013, 1014, 1015, 1016, 1998, and 1999 of census
tract 1543.00; blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007,
3008, 3009, 3010, and 3011 of census tract 1547.00; blocks 1000, 1001,
1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013,
1014, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010,
and 4011 of census tract 1940.00; and blocks 1005 and 1006 of census
tract 1941.00.
(12) The twelfth district contains the following territory:
Whole counties: Delaware.
Franklin county (part):
Whole census tracts: 0007.30, 0009.10, 0009.20, 0014.00, 0015.00,
0016.00, 0022.00, 0023.00, 0025.10, 0025.20, 0026.00, 0027.10, 0027.30,
0027.40, 0027.50, 0027.60, 0027.80, 0028.00, 0029.00, 0036.00, 0037.00,
0038.00, 0053.00, 0054.10, 0054.20, 0055.00, 0059.00, 0062.11, 0062.12,
0069.42, 0069.43, 0069.44, 0069.45, 0069.90, 0070.10, 0070.20, 0070.40,
0071.13, 0071.14, 0071.15, 0071.20, 0071.31, 0071.32, 0071.93, 0071.94,
0071.95, 0071.96, 0072.00, 0073.91, 0073.92, 0074.24, 0074.25, 0074.26,
0074.27, 0074.91, 0074.92, 0075.11, 0075.12, 0075.20, 0075.31, 0075.32,
0075.33, 0075.34, 0075.40, 0075.50, 0077.21, 0077.22, 0087.10, 0087.30,
0089.00, 0090.00, 0091.00, 0093.23, 0093.25, 0093.26, 0093.32, 0093.33,
0093.34, 0093.36, 0093.37, 0093.62, 0093.81, 0093.82, 0093.83, 0093.84,
0093.85, and 0093.90.
Census block groups: group 2 of census tract 0007.10; groups 1 and 2 of
census tract 0007.20; groups 1 and 2 of census tract 0008.20; groups 2
and 3 of census tract 0017.00; group 2 of census tract 0027.70; group 2
of census tract 0056.10; groups 1 and 2 of census tract 0060.00; groups
2 and 3 of census tract 0062.20; groups 2 and 3 of census tract
0062.30; group 4 of census tract 0063.71; group 1 of census tract
0063.83; group 1 of census tract 0063.91; groups 1, 2, 4, 5, and 6 of
census tract 0069.31; groups 2 and 6 of census tract 0069.32; group 1
of census tract 0069.41; groups 2 and 3 of census tract 0070.30; group
2 of census tract 0071.12; groups 1 and 4 of census tract 0087.20;
group 1 of census tract 0088.12; group 3 of census tract 0093.21; group
3 of census tract 0093.22; group 1 of census tract 0093.61; and group 3
of census tract 0093.71.
Census blocks: blocks 1002, 1003, 1006, and 1008 of census tract
0007.10; blocks 3000, 3001, 3002, 3003, 3004, 3015, 3016, 3017, 3018,
and 3019 of census tract 0007.20; blocks 2003, 2007, 2008, and 3011 of
census tract 0008.10; blocks 3000, 3001, 3008, 3009, 3010, 3011, 3019,
3022, 3023, 3024, 3025, 3026, 3027, 3028, 3030, 3031, 3032, 3033, 4011,
4012, 4013, 4014, 4015, 4016, 4017, and 4028 of census tract 0008.20;
blocks 1004, 1005, 1006, 1007, and 1008 of census tract 0013.00; blocks
1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, and 1012 of
census tract 0017.00; blocks 1000, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, and 1010 of census tract 0027.70; blocks 1012, 1013, 1014,
1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026,
1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1054, 1055, 2000,
2003, 3002, 3003, 3004, 3005, 3006, 3053, 3054, 3055, 3056, 3057, and
3058 of census tract 0030.00; blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028,
1029, 1033, 1034, 1035, 1036, 3000, 3001, 3002, 3003, 3004, 3005, 3008,
3009, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, and 3029 of
census tract 0056.10; blocks 1000, 1001, 1012, 1013, 1014, 2000, 2001,
2002, 2006, 2007, 2008, 2009, 2010, 2011, 3000, 3001, 3002, 3007, 3008,
3009, 3010, and 3011 of census tract 0056.20; blocks 4000 and 4001 of
census tract 0060.00; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006,
1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018,
1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030,
1031, 1032, 1033, 1034, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044,
1045, 1046, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010,
4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4023, and
4024 of census tract 0062.20; blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1024, 1025, 1028, 1029, 1030, and 1031 of
census tract 0062.30; blocks 2000, 3011, and 3012 of census tract
0063.71; blocks 1000, 1010, 2008, 2009, 2011, 2012, 4002, 4003, 4004,
4005, 4006, 4019, 4020, 4021, and 4022 of census tract 0063.85; blocks
1021, 1022, 1023, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033,
1034, 1035, 1036, 1037, 1038, and 1039 of census tract 0063.86; blocks
2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2022, 3000, 3001, 3002,
3003, 3004, 3005, 3006, 3016, 3017, 3018, and 3019 of census tract
0063.91; blocks 1004, 1005, 1006, 1007, 1008, 1012, 1013, 1014, 1015,
1016, 1017, 1018, 1019, 1021, and 2002 of census tract 0063.92; block
1000 of census tract 0067.21; blocks 3000, 3001, 3002, 3003, 3004,
3005, and 3006 of census tract 0069.31; blocks 1000, 1001, 1002, 1003,
1004, 1005, 1006, 3000, 3001, 3002, and 3003 of census tract 0069.32;
blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2010, and
2011 of census tract 0069.41; blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022, 1024, 1025, 1026, 1027, 1028, 1029,
1030, and 1031 of census tract 0070.30; blocks 1000, 1001, 1002, 1003,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 3000,
3001, 3002, 3003, 3004, 3005, 3010, 3011, 3012, 3013, 3018, 3019, 3020,
3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3036, 3037,
3038, 3039, 3042, and 3045 of census tract 0071.12; blocks 1000, 1001,
1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013,
1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025,
1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037,
1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049,
1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061,
1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073,
1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1084, 1085, 1087, 1088,
1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, and 1097 of census
tract 0074.10; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,
1020, 1021, 1023, 1024, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042,
1043, 1044, 1045, 2000, 2001, 2002, 2018, and 4000 of census tract
0077.10; block 1014 of census tract 0077.40; block 2019 of census tract
0079.21; block 1015 of census tract 0079.22; blocks 2000 and 2002 of
census tract 0079.51; blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006,
3007, 3008, 3009, 3010, 3011, 3012, 3013, 3020, and 3021 of census
tract 0087.20; blocks 2000, 2001, 2002, 2003, 2004, 2005, 3000, 3003,
3004, 3005, 3006, 3007, and 3008 of census tract 0088.12; blocks 1000,
1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012,
1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024,
2004, 2005, 2006, and 2007 of census tract 0092.10; block 4011 of
census tract 0092.30; blocks 3019, 3020, 3021, 3022, 3023, and 3024 of
census tract 0092.50; blocks 1000, 1001, 1002, 1003, 1004, 1006, 1007,
1008, 1009, 1010, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,
2013, and 2014 of census tract 0093.21; blocks 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, and 1010 of census tract 0093.31; blocks
3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3013, 3014,
and 3015 of census tract 0093.61; blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022, 1025, 1026, 1027, 1028, 1029, 10
30, 1031, 1032, 1033, 1034, 1035, 1036, 1037, and 1038 of census tract
0093.71; block 2003 of census tract 0093.72; and blocks 1000, 1001,
1002, 1003, 1004, 1005, 1006, 1007, 1008, 1016, 1017, 1018, 1019, 1020,
1021, and 1022 of census tract 0093.86.
Licking county (part):
Whole census tracts: 7516.00, 7533.00, 7536.00, 7539.00, 7541.00,
7547.00, 7550.00, 7553.00, 7556.00, 7559.00, 7562.00, 7565.00, 7568.00,
7571.00, 7574.00, and 7577.00.
Census block group: group 3 of census tract 7519.00.
Census blocks: blocks 3002, 3006, and 3007 of census tract 7510.00;
blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1011, 3000,
3001, 3002, 3003, 3004, 3008, 3009, 3010, 3011, 3012, 4002, 4003, 4004,
4005, 4006, 4007, and 4008 of census tract 7513.00; blocks 1000, 1001,
1002, 1005, 1006, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1026, 1027, 1028, 1029,
1037, 1989, 1990, 1991, 1992, 1994, 1996, 1997, 1998, and 1999 of
census tract 7519.00; and blocks 1008, 3000, 3001, 3004, 3005, 3006,
and 3009 of census tract 7522.00.
(13) The thirteenth district contains the following territory:
Cuyahoga county (part):
Whole census tracts: 1351.03, 1351.04, 1351.05, 1351.06, 1361.01,
1361.02, 1361.03, 1751.03, 1751.04, 1751.05, 1751.06, 1752.01, 1752.02,
1861.03, 1862.01, 1862.02, 1862.03, 1862.05, and 1862.06.
Census block group: group 2 of census tract 1861.04.
Census blocks: blocks 1000, 1001, 1002, 1003, 1004, 1005, 1013, 1014,
1015, 1016, 1017, 1018, 1019, 1020, and 1021 of census tract 1861.04;
and blocks 5004, 5008, 5009, 5010, 5011, 5012, 5013, and 6007 of census
tract 1861.05.
Lorain county (part):
Whole census tracts: 0000.00, 0101.00, 0102.00, 0103.00, 0104.00,
0131.00, 0132.00, 0211.00, 0212.00, 0221.00, 0222.00, 0223.00, 0224.00,
0225.00, 0226.01, 0228.00, 0229.00, 0230.00, 0231.00, 0232.00, 0233.00,
0234.00, 0235.00, 0236.00, 0237.00, 0238.00, 0239.00, 0240.00, 0242.00,
0281.00, 0701.01, 0701.02, 0702.00, 0703.00, 0704.00, 0705.00, 0706.00,
0707.00, 0708.00, 0710.00, 0801.01, 0801.02, 0805.00, 0806.00, 0807.00,
0901.00, 0902.00, and 0911.00.
Census block groups: groups 2 and 3 of census tract 0226.02; group 1 of
census tract 0709.01; groups 1, 2, 3, and 4 of census tract 0711.00;
group 2 of census tract 0712.00; groups 2 and 4 of census tract
0714.00; and group 1 of census tract 0912.00.
Census blocks: blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013, 1014, 1018, 1020, and 1021 of
census tract 0226.02; blocks 9000, 9001, 9002, 9003, 9004, 9005, 9008,
9009, 9010, 9012, 9013, 9014, 9015, 9016, 9017, 9018, and 9999 of
census tract 0227.00; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006,
1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018,
1019, 1020, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031,
1032, 1033, and 1034 of census tract 0241.00; block 1001 of census
tract 0502.00; block 4012 of census tract 0571.00; blocks 2000, 2001,
2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,
2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025,
2026, 2027, 2028, 2031, 2033, 2034, and 2035 of census tract 0709.01;
blocks 9000, 9001, 9002, 9003, 9004, 9005, 9006, 9007, 9008, 9009,
9010, 9011, 9012, 9013, 9015, 9016, 9017, 9018, 9019, 9020, 9021, 9022,
9023, 9024, 9025, 9026, 9027, 9028, 9029, 9030, 9031, 9032, and 9033 of
census tract 0709.02; blocks 5000, 5001, 5002, 5003, 5004, 5007, 5008,
and 5009 of census tract 0711.00; blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028,
1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040,
1041, 1042, 1043, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054,
1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, and
1066 of census tract 0712.00; blocks 1001, 1002, 1004, 1005, 1006,
1007, 1008, 1009, 1010, 1011, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2019, 2021, 2022, 2023, and 2024 of census tract
0713.00; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008,
1009, 1010, 1011, 3001, 3002, 3004, 3005, 3007, 3008, 3009, 3010, 3011,
3012, 3013, 3014, 3015, 3016, 3017, 3018, and 3020 of census tract
0714.00; blocks 1001, 2000, and 2001 of census tract 0715.00; blocks
2000, 2001, 2013, and 2014 of census tract 0771.00; blocks 2000, 2001,
2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,
2014, 2015, 2021, 2022, 2023, 2026, 2027, and 2029 of census tract
0912.00; and blocks 1000, 1001, 1002, 1003, 1004, 1006, 3000, 3004,
3005, and 3007 of census tract 0951.00.
Medina county (part):
Whole census tracts: 4001.00, 4151.00, 4152.00, 4153.00, 4154.00, 4158.00, 4160.00, 4161.00, 4162.00, 4163.00, and 4164.00.
Census block groups: groups 1 and 2 of census tract 4020.00.
Census blocks: blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,
1020, 1021, 1022, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,
2021, 2022, 2023, 2024, 2025, 2026, 2027, 2999, 3000, 3001, 3002, 3003,
3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015,
3017, 3018, 3019, 3020, 3021, and 3022 of census tract 4020.00; and
blocks 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1028, 1029, 1030, 1031, 1032, 1999, 2000, 2001, 2002, 2003, 2007,
and 2999 of census tract 4030.02.
Summit county (part):
Whole census tracts: 5013.01, 5018.00, 5019.00, 5033.00, 5044.00,
5045.00, 5046.00, 5047.00, 5048.00, 5051.00, 5052.00, 5053.00, 5054.00,
5055.00, 5056.00, 5057.00, 5058.00, 5059.00, 5061.00, 5062.00, 5063.02,
5063.03, 5063.04, 5065.00, 5066.00, 5067.00, 5068.00, 5069.00, 5071.01,
5071.02, 5072.01, 5101.00, 5102.00, 5103.01, 5103.02, 5104.00, 5105.00,
5202.01, 5202.02, 5204.00, 5205.00, 5206.00, 5316.01, 5316.02, 5317.01,
5317.02, 5318.01, 5320.01, 5320.03, 5320.04, 5322.02, 5323.01, 5323.02,
5325.01, 5325.02, 5330.00, 5334.00, 5335.01, and 5335.02.
Census block groups: groups 2 and 3 of census tract 5032.00; group 2 of
census tract 5034.00; groups 4 and 5 of census tract 5035.00; group 3
of census tract 5042.00; groups 1, 2, 4, and 5 of census tract 5064.00;
groups 1, 3, and 4 of census tract 5072.02; groups 4, 5, and 6 of
census tract 5075.00; group 4 of census tract 5080.00; groups 1, 2, 3,
4, and 5 of census tract 5203.00; groups 1, 2, 3, 4, and 6 of census
tract 5315.00; groups 2, 3, and 4 of census tract 5318.02; and group 1
of census tract 5329.00.
Census blocks: blocks 1002, 1003, 1004, 1005, 1006, 1007, 1009, 2001,
2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,
2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025,
2026, 2027, 2028, 2029, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040,
2041, 2042, 2043, 2044, and 2045 of census tract 5011.00; blocks 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 2006, and
2007 of census tract 5013.02; block 2010 of census tract 5017.00;
blocks 1004 and 4999 of census tract 5021.01; blocks 7007 and 7008 of
census tract 5022.00; blocks 1003, 1004, 1005, 1006, 1007, 1008, 1009,
1010, 1011, 1012, 1013, 1014, 1015, 1016, and 1017 of census tract
5032.00; blocks 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017,
1018, 1019, 1021, 1022, and 1023 of census tract 5034.00; blocks 1000,
1001, 1002, 1003, 1004, 1005, 1006, 1007, 1012, 1013, 1014, and 1015 of
census tract 5035.00; blocks 3001, 3002, 3003, 3004, 3005, and 3006 of
census tract 5038.00; blocks 1019, 1020, 1021, 1022, 1023, 1024, 1025,
1026, 1027, 1028, and 1029 of census tract 5041.00; blocks 1003, 1004,
1005, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, and 2010 of
census tract 5042.00; blocks 3000, 3004, 3005, 3006, and 3007 of census
tract 5064.00; blocks 2000, 2001, and 2002 of census tract 5072.02;
blocks 1001, 1007, 2010, 2011, 4005, 4008, 4009, 4010, 4011, 4012,
4013, 4014, 4015, 4016, 4017, 4018, 4019, 5000, 5001, 5002, 5003, 5004,
5005, 5006, 5007, 5008, 5009, 5010, and 5011 of census tract 5072.03;
blocks 2011, 2012, 2013, 4000, and 4001 of census tract 5073.00; blocks
1000, 1001, 1002, 1003, 1004, 1005, 1006, 1008, 1009, 1010, 1011, 1012,
1013, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,
2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, and 2023 of
census tract 5074.00; blocks 2011, 2012, 3003, 3004, 3005, 3006, 7004,
7005, 7006, 7007, 7008, 7009, 7010, 7011, 7012, 7013, 7014, 7015, 7016,
7017, 7018, 9001, 9002, 9004, 9012, 9013, and 9015 of census tract
5075.00; blocks 1000, 1002, 1003, 1004, 1005, 1006, 1007, 1011, 1012,
1013, 1016, 2000, 2001, 2006, 2007, 2010, 2011, 2012, 2013, 2014, 2015,
2016, 2019, 2020, 2021, 2022, 2023, 2027, 2028, 2029, 3001, 3002, 3003,
3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015,
3016, and 3017 of census tract 5080.00; blocks 1000, 1001, 1002, 1003,
1004, 1005, 1006, 1007, 1008, 1010, 1011, 1013, 1014, 1015, 1016, 1017,
1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 4009, 4010, 5004, 5005,
6001, 6002, 6003, 6006, 6007, 6008, 6010, 6015, 6016, 6017, 6018, 6019,
6021, 6022, 6023, 6024, 6025, 6026, 6027, and 6999 of census tract
5201.01; blocks 1001, 1002, 1003, 1004, 1005, 1006, and 1007 of census
tract 5201.02; blocks 6000, 6001, 6002, 6003, 6004, 6007, 6008, 6010,
6011, 6012, 6013, 6014, 6015, 6016, 6017, 6018, 6019, 6020, 6021, 6022,
6023, 6024, 6025, 6026, 6027, 6029, 6030, 6031, 6032, 6033, 6034, and
6035 of census tract 5203.00; block 1036 of census tract 5306.03;
blocks 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 9007, 9008,
9009, 9010, 9011, 9012, 9013, 9997, and 9998 of census tract 5314.01;
blocks 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5011, 5012,
5013, 5014, 5015, 5016, and 5017 of census tract 5315.00; blocks 1000,
1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012,
1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1029,
1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041,
1042, 1043, 1044, 1045, 1046, 1047, 1048, 1051, 1052, 1053, 1054, 1055,
1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067,
1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079,
1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091,
1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103,
1104, 1105, 1106, 1107, 1108, 1998, and 1999 of census tract 5318.02;
and blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022,
2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2034, 2035, 2036,
2037, 2038, 2039, 2999, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007,
3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019,
3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3034, 3035,
3036, 3037, 3038, 3039, 3040, 3041, 3044, 3045, 3046, 3047, 3048, 3049,
3050, 3998, 3999, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008,
4009, 4010, 4011, and 4018 of census tract 5329.00.
(14) The fourteenth district contains the following territory:
Whole counties: Ashtabula, Geauga, and Lake.
Cuyahoga county (part):
Whole census tracts: 1551.01, 1551.02, 1841.03, 1841.04, 1841.05,
1841.06, 1841.07, 1841.08, 1943.00, 1945.00, 1947.00, 1952.00, 1953.00,
1954.00, and 1955.00.
Portage county (part):
Whole census tracts: 6001.02, 6001.03, 6002.00, 6003.01, and 6003.02.
Census block: block 1000 of census tract 6006.02.
Summit county (part):
Whole census tracts: 5301.02, 5301.03, 5301.04, 5304.01, 5304.02,
5305.01, 5305.02, 5306.04, 5306.05, 5306.06, 5307.00, 5308.01, 5326.00,
5327.02, 5327.03, 5327.05, 5327.06, 5327.07, 5327.08, 5331.01, 5331.02,
5332.00, and 5333.00.
Census block groups: groups 2 and 3 of census tract 5201.01; groups 2
and 3 of census tract 5201.02; and group 2 of census tract 5306.03.
Census blocks: blocks 1009, 1012, 4000, 4001, 4002, 4003, 4004, 4005,
4006, 4007, 4008, 5000, 5001, 5002, 5003, 5006, 5007, 5008, 5009, 5010,
5011, 5012, 5013, 6000, 6004, 6005, 6009, 6011, 6012, 6013, 6014, 6020,
6028, and 6029 of census tract 5201.01; blocks 1000, 1008, 1009, 1010,
1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022,
1998, and 1999 of census tract 5201.02; blocks 1000, 1001, 1002, 1003,
1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015,
1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027,
1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, and 1999 of census
tract 5306.03; and block 1013 of census tract 5308.02.
Trumbull county (part):
Whole census tracts: 9301.01 and 9302.00.
Census block group: group 1 of census tract 9304.00.
Census blocks: blocks 1000, 1001, 1002, 1003, 1004, 1005, 1014, 1015,
1994, 1995, and 1999 of census tract 9301.02; blocks 1000, 1001, 1002,
1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014,
1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026,
1030, 1031, 1032, 1996, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, and
2999 of census tract 9303.00; blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028,
1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040,
1041, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
2011, and 2012 of census tract 9305.00; and blocks 1000, 1004, 1005,
1010, 1012, and 1013 of census tract 9309.00.
(15) The fifteenth district contains the following territory:
Whole counties: Madison and Union.
Franklin county (part):
Whole census tracts: 0001.10, 0001.20, 0002.10, 0002.20, 0003.10,
0003.20, 0003.30, 0004.10, 0004.20, 0005.00, 0006.00, 0010.00, 0011.10,
0011.20, 0012.00, 0018.10, 0018.20, 0019.00, 0020.00, 0021.00, 0032.00,
0040.00, 0042.00, 0043.00, 0045.00, 0046.10, 0046.20, 0047.00, 0048.10,
0048.20, 0049.00, 0050.00, 0051.00, 0052.00, 0057.00, 0058.10, 0058.20,
0061.00, 0063.10, 0063.21, 0063.23, 0063.30, 0063.40, 0063.51, 0063.52,
0063.53, 0063.60, 0063.72, 0063.84, 0063.87, 0064.10, 0064.30, 0065.00,
0066.00, 0067.10, 0067.22, 0068.10, 0068.21, 0068.22, 0068.23, 0068.30,
0069.10, 0069.21, 0069.23, 0069.24, 0069.33, 0069.50, 0077.30, 0078.11,
0078.12, 0078.20, 0078.30, 0079.31, 0079.32, 0079.33, 0079.41, 0079.42,
0079.52, 0080.00, 0081.10, 0081.20, 0081.31, 0081.32, 0081.41, 0081.42,
0081.61, 0081.62, 0082.10, 0082.30, 0082.41, 0082.42, 0083.11, 0083.12,
0083.21, 0083.22, 0083.30, 0083.40, 0083.50, 0083.60, 0083.70, 0083.80,
0084.00, 0085.00, 0088.11, 0088.13, 0088.21, 0096.00, 0097.11, 0097.12,
0097.20, 0097.51, 0097.52, and 0098.00.
Census block groups: groups 3, 4, and 5 of census tract 0007.10; group
1 of census tract 0008.10; groups 2, 3, and 4 of census tract 0013.00;
group 4 of census tract 0056.20; group 3 of census tract 0060.00; group
1 of census tract 0063.71; groups 2, 3, 4, and 5 of census tract
0063.83; groups 3 and 5 of census tract 0063.85; groups 2, 3, and 4 of
census tract 0063.86; group 3 of census tract 0063.92; groups 2, 3, and
4, of census tract 0067.21; groups 4 and 5 of census tract 0069.32;
group 3 of census tract 0077.10; group 1 of census tract 0079.21; group
2 of census tract 0079.22; groups 1, 3, and 4 of census tract 0079.51;
group 2 of census tract 0087.20; groups 2 and 3 of census tract
0094.30; group 3 of census tract 0094.40; and groups 1 and 2 of census
tract 0097.40.
Census blocks: blocks 1000, 1001, 1004, 1005, and 1007 of census tract
0007.10; blocks 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013,
and 3014 of census tract 0007.20; blocks 2000, 2001, 2002, 2004, 2005,
2006, 2009, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009,
3010, and 3012 of census tract 0008.10; blocks 3002, 3003, 3004, 3005,
3006, 3007, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3020, 3021, 3029,
4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4018,
4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, and 4027 of census
tract 0008.20; blocks 1000, 1001, 1002, and 1003 of census tract
0013.00; blocks 1000, 1001, and 1002 of census tract 0017.00; blocks
1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011,
1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047,
1048, 1049, 1050, 1051, 1052, 1053, 1056, 1057, 1058, 1059, 1060, 1061,
1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073,
1074, 1075, 1076, 1077, 2001, 2002, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021,
2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033,
2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045,
2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057,
2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069,
2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081,
2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2092, 2093,
2094, 2095, 2096, 2097, 2998, 2999, 3000, 3001, 3007, 3008, 3009, 3010,
3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022,
3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034,
3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046,
3047, 3048, 3049, 3050, 3051, 3052, 3059, 3060, 3061, 3062, 3063, 3064,
3065, 3066, 3067, 3068, 3069, 3070, and 3071 of census tract 0030.00;
blocks 1030, 1031, 1032, 3006, 3007, 3010, 3011, 3012, 3013, 3014,
3015, 3016, 3017, 3018, 3019, 3020, 3030, 3031, 3032, 3033, 3034, 3035,
and 3036 of census tract 0056.10; blocks 1002, 1003, 1004, 1005, 1006,
1007, 1008, 1009, 1010, 1011, 2003, 2004, 2005, 3003, 3004, 3005, 3006,
3012, and 3013 of census tract 0056.20; blocks 4002, 4003, 4004, and
4005 of census tract 0060.00; blocks 1035, 1036, 4000, 4021, 4022, and
4999 of census tract 0062.20; blocks 1022, 1023, 1026, and 1027 of
census tract 0062.30; blocks 2001, 2002, 2003, 2004, 2005, 2006, 2007,
2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2999, 3000, 3001,
3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3013, 3014, 3015,
3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, and 3026 of
census tract 0063.71; blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1011, 1012, 1013, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2010, 2013, 4000, 4001, 4007, 4008, 4009, 4010, 4011, 4012, 4013,
4014, 4015, 4016, 4017, 4018, 4023, 4024, 4025, and 4026 of census
tract 0063.85; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,
1020, 1024, 1040, and 1041 of census tract 0063.86; blocks 2020, 2021,
3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, and 3015 of census
tract 0063.91; blocks 1000, 1001, 1002, 1003, 1009, 1010, 1011, 1020,
2000, 2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,
2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024,
2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036,
2037, 2038, and 2039 of census tract 0063.92; blocks 1001, 1002, 1003,
1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, and 1013 of
census tract 0067.21; block 3007 of census tract 0069.31; blocks 1007,
3004, 3005, 3006, 3007, 3008, and 3009 of census tract 0069.32; block
2009 of census tract 0069.41; block 1023 of census tract 0070.30;
blocks 1004, 3006, 3007, 3008, 3009, 3014, 3015, 3016, 3017, 3031,
3032, 3033, 3034, 3035, 3040, 3041, 3043, and 3044 of census tract
0071.12; blocks 1022, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032,
1033, 1034, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,
2013, 2014, 2015, 2016, 2017, 4001, 4002, 4003, 4004, 4005, 4006, 4007,
and 4008 of census tract 0077.10; blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1015, 1016, 1017,
1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029,
1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, and 1039 of
census tract 0077.40; blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031,
2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043,
2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, and 2052 of census
tract 0079.21; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013, 1014, 1016, 1017, 1018, and 1019 of
census tract 0079.22; blocks 2001, 2003, 2004, 2005, 2006, 2007, 2008,
2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,
2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032,
2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, and 2041 of census
tract 0079.51; blocks 3014, 3015, 3016, 3017, 3018, 3019, 3022, and
3023 of census tract 0087.20; blocks 2006, 2007, 2008, 2009, 2010,
2011, 2012, 3001, 3002, 3009, 3010, 3011, 3012, 3013, 3014, and 3015 of
census tract 0088.12; blocks 1000, 1013, 1014, 1015, 1016, 1017, 1018,
1019, 1020, 1021, 1022, 1023, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2999 of
census tract 0088.22; blocks 1000, 3030, and 3031 of census tract 0088.2
5; block 4003 of census tract 0094.20; blocks 1004, 1006, 1007, 1008,
1013, 4000, 4001, 4013, 5000, 5001, 5002, 5003, 5004, 5008, 5009, 5010,
5011, 5012, 5013, 5016, 5021, 5027, 5029, 5030, 5031, 5032, and 5034 of
census tract 0094.30; blocks 1003, 1009, 1010, 1011, 1012,
1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024,
1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 2000, 2001, 2002,
2003, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,
2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, and 2026 of census
tract 0094.40; blocks 1008, 2006, 2007, 2008, 2021, 2022, 2023, and
2024 of census tract 0094.91; blocks 1000, 1001, 1008, 1009, 1010,
1015, 1019, 1020, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,
2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032,
2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044,
2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2056, 2057,
2061, 2062, 2999, 3000, 3002, 3003, 3006, 3007, 3009, 3010, 3011, 3012,
3013, 3014, 4003, 4004, 4005, 4010, 4011, 4012, 4013, 4014, 4015, 4016,
4017, 4018, 4019, 4020, 4021, 4022, and 4023 of census tract 0094.92;
blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009,
1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021,
1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1033, 2000, 2001,
2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,
2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025,
2026, 2027, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009,
3010, 3011, 3012, 3013, 3014, 3015, and 3016 of census tract 0095.20;
blocks 1000, 1001, 1002, 1003, and 1005 of census tract 0095.90;
and blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009,
3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021,
3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033,
3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045,
3046, 3047, 3050, 3051, and 3052 of census tract 0097.40.
(16) The sixteenth district contains the following territory:
Whole counties: Stark and Wayne.
Ashland county (part):
Whole census tracts: 9703.00, 9705.00, 9706.00, 9707.00, 9708.00, 9709.00, 9710.00, and 9711.00.
Census block groups: groups 2, 3, and 4 of census tract 9704.00.
Census blocks: blocks 4061, 4062, 4071, 4072, 4073, 4074, 4087, 4088,
4089, 4090, 4092, 4093, 4094, 4095, 4096, 4097, 4098, 4099, 4100, 4101,
4102, 4103, 4104, 4105, 4106, 4107, 4108, 4109, 4110, 4111, 4112, 4113,
4114, 4115, 4116, 4117, 4118, 4119, 4120, 4121, 4122, 4123, 4124, 4125,
4126, 4127, 4128, 4129, 4130, 4131, 4132, 4133, 4134, 4135, 4136, 4137,
4138, 4139, 4140, 4141, 4142, 4143, 4144, 4145, 4146, 4147, and 4148 of
census tract 9701.00; blocks 4064, 4065, 4066, 4083, 4084, 4085, 4086,
and 4087 of census tract 9702.00; and blocks 1000, 1001, 1002, 1003,
1004, 1005, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021,
1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033,
1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1044, 1045, 1046, 1047,
1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059,
1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, and 1999 of
census tract 9704.00.
Medina county (part):
Whole census tracts: 4030.01, 4040.00, 4050.00, 4060.00, 4070.00,
4080.00, 4081.00, 4082.00, 4083.01, 4083.02, 4090.01, 4090.02, 4100.00,
4110.01, 4110.02, 4120.00, 4130.00, 4170.00, 4171.00, 4172.00, and
4173.00.
Census blocks: block 3016 of census tract 4020.00; and blocks 1000,
1001, 1002, 1003, 1004, 1005, 1006, 1018, 1019, 1020, 1021, 1022, 1023,
1024, 1025, 1026, 1027, 2004, 2005, 2006, 2008, 2009, 2010, 2011, 2012,
2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022 of
census tract 4030.02.
(17) The seventeenth district contains the following territory:
Mahoning county (part):
Whole census tracts: 8001.00, 8002.00, 8003.00, 8004.00, 8005.00,
8006.00, 8007.00, 8009.00, 8010.00, 8011.00, 8012.00, 8013.00, 8014.00,
8015.00, 8016.00, 8017.00, 8019.00, 8020.00, 8021.00, 8022.00, 8023.00,
8024.00, 8025.00, 8026.00, 8027.01, 8027.02, 8028.00, 8029.00, 8030.00,
8031.00, 8032.00, 8033.00, 8034.00, 8035.00, 8037.00, 8040.00, 8041.00,
8042.00, 8043.00, 8044.00, 8101.00, 8102.00, 8103.00, 8106.00, 8107.00,
8108.00, 8109.00, 8110.01, 8110.02, 8111.00, 8123.01, 8123.02, 8124.00,
8126.01, and 8126.02.
Census block groups: groups 1, 2, and 3 of census tract 8125.00; and groups 1 and 2 of census tract 8126.03.
Census blocks: blocks 9000, 9001, 9002, 9003, 9004, 9005, 9006, 9007,
9008, 9009, 9010, 9011, 9012, 9014, 9015, 9016, 9017, 9018, 9019, 9027,
9028, 9029, 9030, 9031, 9032, 9033, 9034, 9035, 9036, 9037, 9038, 9039,
9040, 9041, 9042, and 9043 of census tract 8125.00; and blocks 3000,
3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3019,
3020, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032,
3033, and 3034 of census tract 8126.03.
Portage county (part):
Whole census tracts: 6004.01, 6004.02, 6004.03, 6005.00, 6006.03,
6007.03, 6007.04, 6007.05, 6007.06, 6008.00, 6009.01, 6009.02, 6010.00,
6011.00, 6012.00, 6013.00, 6014.00, 6015.01, 6015.02, 6015.03, 6016.00,
6017.01, 6017.02, 6018.01, 6018.02, 6019.01, 6019.02, 6020.00, and
6021.00.
Census block group: group 2 of census tract 6006.02.
Census blocks: blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008,
1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020,
1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032,
1033, 1034, and 1999 of census tract 6006.02.
Summit county (part):
Whole census tracts: 5012.00, 5021.02, 5023.00, 5024.00, 5025.00,
5026.00, 5027.00, 5028.00, 5031.00, 5036.00, 5037.01, 5037.02, 5076.00,
5309.01, 5309.02, 5309.03, 5310.01, 5310.02, 5311.01, 5311.02, 5311.03,
and 5314.02.
Census block groups: groups 3 and 4 of census tract 5013.02; group 3 of
census tract 5017.00; groups 2 and 3 of census tract 5021.01; groups 1,
2, 3, 4, 5, 6, and 8 of census tract 5022.00; groups 2 and 3 of census
tract 5035.00; groups 1 and 2 of census tract 5038.00; group 3 of
census tract 5072.03; groups 1 and 3 of census tract 5073.00; group 1
of census tract 5075.00; and group 1 of census tract 5314.01.
Census blocks: blocks 1000, 1001, 1008, 1010, 1011, 2000, 2030, 2031,
and 2032 of census tract 5011.00; blocks 1000, 1001, 1002, 1003, 2000,
2001, 2002, 2003, 2004, 2005, 2008, and 2009 of census tract 5013.02;
blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, and 2009
of census tract 5017.00; blocks 1000, 1001, 1002, 1003, 1005, 1006,
1007, 1008, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009,
4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, and 4998 of
census tract 5021.01; blocks 7000, 7001, 7002, 7003, 7004, 7005, 7006,
7009, 7010, and 7011 of census tract 5022.00; blocks 1000, 1001, 1002,
and 1018 of census tract 5032.00; blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, and 1020 of census tract 5034.00; blocks 1008,
1009, 1010, and 1011 of census tract 5035.00; block 3000 of census
tract 5038.00; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, and 1018 of
census tract 5041.00; blocks 1000, 1001, 1002, 1006, 1007, 1008, and
2000 of census tract 5042.00; blocks 3001, 3002, and 3003 of census
tract 5064.00; blocks 2003 and 2004 of census tract 5072.02; blocks
1000, 1002, 1003, 1004, 1005, 1006, 2000, 2001, 2002, 2003, 2004, 2005,
2006, 2007, 2008, 2009, 4000, 4001, 4002, 4003, 4004, 4006, 4007, 5012,
5013, 5014, and 5015 of census tract 5072.03; blocks 2000, 2001, 2002,
2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2014, 2015, 4002, 4003,
4004, 4005, 4006, 4007, and 4008 of census tract 5073.00; blocks 1007,
2000, and 2001 of census tract 5074.00; blocks 2000, 2001, 2002, 2003,
2004, 2005, 2006, 2007, 2008, 2009, 2010, 2013, 2014, 2015, 2016, 2017,
3000, 3001, 3002, 7000, 7001, 7002, 7003, 9000, 9003, 9005, 9006, 9007,
9008, 9009, 9010, 9011, 9014, 9016, 9017, 9018, and 9019 of census
tract 5075.00; blocks 1001, 1008, 1009, 1010, 1014, 1015, 1017, 1018,
2002, 2003, 2004, 2005, 2008, 2009, 2017, 2018, 2024, 2025, 2026, 2030,
2031, 2032, and 3000 of census tract 5080.00; blocks 6005, 6006, 6009,
and 6028 of census tract 5203.00; blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1014, 1015, 1016, and
1999 of census tract 5308.02; blocks 2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,
2017, 2018, 2019, 2020, 2021, 2022, 2031, 2032, 2033, 2034, 2035, 2036,
2037, 2038, 2039, 2040, 2041, 9000, 9001, 9002, 9003, 9004, 9005, 9006,
9014, 9015, 9016, 9017, 9018, and 9999 of census tract 5314.01; blocks
5000, 5009, and 5010 of census tract 5315.00; blocks 1024, 1025, 1026,
1027, 1028, 1049, and 1050 of census tract 5318.02; and blocks 2013,
2032, 2033, 3030, 3031, 3032, 3033, 3042, 3043, 4012, 4013, 4014, 4015,
4016, and 4017 of census tract 5329.00.
Trumbull county (part):
Whole census tracts: 9201.00, 9202.00, 9203.00, 9204.00, 9205.00,
9206.00, 9207.00, 9208.00, 9209.00, 9210.00, 9211.00, 9212.00, 9213.00,
9214.00, 9215.00, 9216.00, 9306.00, 9307.00, 9308.00, 9310.00, 9311.00,
9312.00, 9313.00, 9314.00, 9315.00, 9316.01, 9316.02, 9317.00, 9319.00,
9320.00, 9321.00, 9322.00, 9323.00, 9324.00, 9325.00, 9326.00, 9327.01,
9327.02, 9328.00, 9329.00, 9330.01, 9330.02, 9331.00, 9333.01, 9333.02,
9334.00, 9335.00, 9336.00, and 9337.00.
Census block groups: groups 2 and 3 of census tract 9301.02; group 3 of
census tract 9303.00; groups 2 and 3 of census tract 9304.00; group 3
of census tract 9305.00; and groups 2, 3, and 4 of census tract
9309.00.
Census blocks: blocks 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013,
1996, 1997, and 1998 of census tract 9301.02; blocks 1027, 1028, 1029,
1997, 1998, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027,
2028, 2029, 2030, 2031, 2032, 2033, 2997, and 2998 of census tract
9303.00; blocks 1042, 1043, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031,
and 2032 of census tract 9305.00; and blocks 1001, 1002, 1003, 1006,
1007, 1008, 1009, 1011, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021,
1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033,
1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, and 1043 of
census tract 9309.00.
(18) The eighteenth district contains the following territory:
Whole counties: Carroll, Coshocton, Guernsey, Harrison, Hocking,
Holmes, Jackson, Knox, Morgan, Muskingum, Tuscarawas, and Vinton.
Athens county (part):
Whole census tracts: 9727.00 and 9728.00.
Census block groups: groups 1, 2, 3, and 4 of census tract 9726.00.
Census blocks: blocks 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007,
5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019,
5020, 5021, 5022, 5023, 5024, 5025, 5026, 5027, 5028, 5029, 5030, 5031,
5032, 5033, 5034, 5035, 5036, 5037, 5038, 5039, 5040, 5041, 5042, 5043,
5044, 5045, 5046, 5047, 5048, 5049, 5050, 5051, 5052, 5053, 5054, 5055,
5056, 5057, 5058, 5059, 5060, 5061, 5062, 5063, 5064, 5065, 5066, 5067,
5068, 5069, 5070, 5071, 5072, 5073, 5074, 5075, 5076, 5077, 5078, 5079,
5080, 5081, 5082, 5083, 5084, 5085, 5086, 5087, 5088, 5089, 5090, 5091,
and 5092 of census tract 9726.00; blocks 2007, 2008, 2009, 2010, 3000,
3001, 3002, 3003, 3004, 3005, 3006, 4012, 4013, 4014, 4015, 4016, 4017,
4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029,
4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4998,
and 4999 of census tract 9729.00; blocks 2021, 2022, 2023, 2024, 2025,
2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037,
2060, 3007, and 3008 of census tract 9732.00; blocks 2001, 2002, 2003,
2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,
2016, 2023, 2024, 2027, 2035, 3000, 3001, 3002, 3003, 3004, 3005, 3006,
3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018,
3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030,
3031, 3032, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009,
4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021,
4022, 4023, 4024, 4025, 4026, 4027, 4028, and 4029 of census tract
9734.00; blocks 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024,
2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036,
2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048,
2049, 2050, 2104, 2105, 2110, 2111, 2112, and 2113 of census tract
9735.00; and blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,
1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031,
1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043,
1044, 1045, 1051, 1052, 1053, 1054, 1055, 1058, 1059, 1060, 1061, 2000,
2001, 2002, 2003, 2007, and 2008 of census tract 9738.00.
Belmont county (part):
Whole census tracts: 0122.00, 0123.00, and 0124.00.
Census block groups: group 4 of census tract 0106.00.
Census blocks: blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007,
3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046,
3047, 3048, 3049, 3050, 3051, 3052, 3053, and 3054 of census tract
0106.00.
Licking county (part):
Whole census tracts: 7501.00, 7504.00, 7507.00, 7525.00, 7528.00, 7531.00, 7544.00, 7580.00, 7583.00, 7586.00, and 7589.00.
Census block groups: groups 1 and 2 of census tract 7510.00; group 2 of
census tract 7513.00; groups 4 and 5 of census tract 7519.00; and
groups 4 and 5 of census tract 7522.00.
Census blocks: blocks 3000, 3001, 3003, 3004, and 3005 of census tract
7510.00; blocks 1008, 1009, 1010, 1012, 1013, 1014, 1015, 1016, 3005,
3006, 3007, 4000, 4001, 4009, 4010, 4011, and 4012 of census tract
7513.00; blocks 1003, 1004, 1007, 1025, 1030, 1031, 1032, 1033, 1034,
1035, 1036, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1988, 1993, and
1995 of census tract 7519.00; and blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017,
1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029,
1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041,
1042, 1043, 3002, 3003, 3007, 3008, 3010, 3011, 3012, 3013, 3014, 3015,
3997, 3998, and 3999 of census tract 7522.00.
Ross county (part):
Whole census tracts: 9555.00, 9559.00, 9561.00, 9562.00, 9563.00, 9564.00, 9565.00, 9566.00, 9567.00, 9568.00, and 9569.00.
Census block groups: groups 2, 3, and 4 of census tract 9557.00; and groups 2, 3, and 4 of census tract 9560.00.
Census blocks: block 2998 of census tract 9556.01; blocks 1000, 1001,
1002, 1003, 1004, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028,
1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040,
1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052,
1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064,
1065, 1066, 1997, 1998, and 1999 of census tract 9556.02; blocks 1000,
1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1018, 1019,
1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031,
1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043,
1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055,
1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067,
1068, 1069, 1070, 1071, 1072, and 1073 of census tract 9557.00; blocks
1004, 1005, 1006, 1007, 1009, 1010, 1011, 1012, 1013, 1016, 1017, 1018,
1019, 1020, 1021, 1022, 1023, 1024, 1025, 1027, 1028, 1029, 1030, 1031,
1032, 1033, 2045, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058,
2059, 2060, 2061, 3002, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014,
3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026,
3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038,
3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050,
3051, 3052, 3053, 3054, 3055, 3056, 4007, 4008, 4009, 4010, 4016, 4017,
4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030,
4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4042,
4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, and
4054 of census tract 9558.00; and blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, and 1027 of census
tract 9560.00.
(B) Any county or part of a county of the state that has not been
described as included in one of the districts described in this section
is included within the district that contains the least population
according to the 2000 decennial census referred to in this section and
that is contiguous to that county or part of that county.
(C) As used in this section, "counties," "census tracts," "census
block groups," and "census blocks" have the same meanings and describe
the same geographical boundaries as used by the United States
department of commerce, bureau of the census, in reporting the 2000
decennial census of Ohio. The official report of the 2000 decennial
census of Ohio and all official documents relating to that report of
that census are hereby incorporated by reference into this section.
HISTORY: 149 v H 471. Eff 1-24-2002.
§ 3521.02. Vacancy in United States Senate.
When a vacancy occurs in the representation of this state in the senate
of the United States by death, resignation, or otherwise, the vacancy
shall be filled forthwith by appointment by the governor who may
appoint some suitable person having the necessary qualifications for
senator. The appointee shall hold office until the fifteenth day of
December succeeding the next regular state election that occurs more
than one hundred eighty days after the vacancy happens. At that next
regular state election, a special election to fill the vacancy shall be
held, provided, that when the unexpired term ends within one year
immediately following the date of such regular state election, an
election to fill the unexpired term shall not be held, and the
appointment shall be for the unexpired term. The special election shall
be governed in all respects by the laws controlling regular state
elections for such office. Candidates to be voted for at the special
election shall be nominated in the same manner as is provided for the
nomination of candidates at regular state elections.
At least one hundred eighty days prior to the date of such regular
state election, the governor shall issue a writ directing that a
special election be held to fill such vacancy as provided in this
section. The writ shall be directed to the secretary of state and a
copy of the writ sent by mail to the board of elections of each county
in the state which shall give notice of the time and place of holding
such special election in the same manner and at the same time provided
in section 3501.03 of the Revised Code for giving similar notice for
regular elections.
HISTORY: GC § 4828-3; 104 v 8; Bureau of Code Revision, 10-1-53; 135 v H 1037 (Eff 2-6-74); 146 v H 99. Eff 8-22-95.
§ 3521.03. Vacancy in office of congressman.
When a vacancy in the office of representative to congress occurs, the
governor, upon satisfactory information thereof, shall issue a writ of
election directing that a special election be held to fill such vacancy
in the territory entitled to fill it on a day specified in the writ.
Such writ shall be directed to the board of elections within such
territory which shall give notice of the time and places of holding
such election as provided in section 3501.03 of the Revised Code. Such
election shall be held and conducted and returns thereof made as in
case of a regular state election.
HISTORY: RS § 2988; S&C 538; 50 v 311, § 28; GC §
4829; Bureau of Code Revision, 10-1-53; 134 v H 87. Eff 9-8-71.
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CHAPTER 3523
AMENDMENTS TO UNITED STATES CONSTITUTION
Section
3523.01. Amendment to constitution of United States.
3523.02. Qualification of voters.
3523.03. Conduct of election.
3523.04. Number of delegates; qualifications; nomination.
3523.05. Ballot on
amendment to constitution of the United States.
3523.06. Vacancy.
3523.07. Meeting of delegates.
3523.08. Powers of the convention.
3523.09. Journal of proceedings.
3523.10. Certification in
case of ratification of the proposed amendment.
3523.11. Mileage of delegates.
3523.12. Manner of constituting convention set by congress.
§ 3523.01. Amendment to constitution of United States.
Whenever congress proposes an amendment to the constitution of the
United States, and proposes that it be ratified by conventions in the
several states, the governor shall fix, by proclamation, the date of an
election for the purpose of electing the delegates to such convention.
Such election may either be at a special election or may be held at the
same time as a general election, but shall be held at least as soon as
the next general election occurring more than three months after the
amendment has been proposed by congress.
HISTORY: GC § 4785-235; 115 v 74; Bureau of Code Revision. Eff 10-1-53.
§ 3523.02. Qualification of voters.
At an election held for the purpose of electing delegates to a
convention to ratify an amendment to the constitution of the United
States, all persons qualified to vote for members of the general
assembly shall be entitled to vote.
HISTORY: GC § 4785-236; 115 v 74, § 2; Bureau of Code Revision. Eff 10-1-53.
§ 3523.03. Conduct of election.
Except as otherwise provided in sections 3523.01 to 3523.12, inclusive,
of the Revised Code, the election provided for in section 3523.01 of
the Revised Code shall be conducted and the results ascertained and
certified in the same manner as in the case of the election of
presidential electors in this state, and all provisions of Title XXXV
[35] of the Revised Code except so far as inconsistent with sections
3523.01 to 3523.12, inclusive, of the Revised Code, are applicable to
such election.
HISTORY: GC § 4785-237; 115 v 74, § 3; Bureau of Code Revision. Eff 10-1-53.
§ 3523.04. Number of delegates; qualifications; nomination.
The number of delegates to be chosen to the convention provided for by
section 3523.01 of the Revised Code shall be fifty-two, to be elected
from the state at large.
Candidates for the office of delegate to the convention shall be
citizens and residents of the state and of age. Nomination of
candidates for the office of delegate shall be by petition and not
otherwise. A single petition may nominate any number of candidates not
exceeding the total number of delegates to be elected, and shall be
signed by not less than five thousand voters. Nomination shall be
without party or political designation, but the nominating petitions
shall contain a statement as to each nominee, to the effect that he
favors ratification, or that he opposes ratification, or that he will
remain unpledged, and no nominating petition shall contain the name of
any nominee whose position as stated therein is inconsistent with that
of any other nominee as stated therein. No nomination shall be
effective except those of the fifty-two nominees in favor of
ratification, the fifty-two nominees against ratification, and the
fifty-two nominees to remain unpledged, whose nominating petitions have
respectively been signed by the largest number of voters, ties to be
decided by lot drawn by the secretary of state. Within ten days after
the petitions are filed, the secretary of state shall certify the
candidates of each group to the appropriate local election authorities.
All petitions and acceptances thereof shall be filed with the secretary
of state not less than thirty days before the proclaimed date of the
election.
HISTORY: GC §§ 4785-238, 4785-239; 115 v 74, §§ 4, 5; Bureau of Code Revision. Eff 10-1-53.
§ 3523.05. Ballot on amendment to constitution of the United States.
The election provided for in section 3523.01
of the Revised Code shall be by ballot, which may be separate from any
ballot to be used at the same election. Such ballot shall first state
the substance of the proposed amendment to the constitution of the
United States. This shall be followed by appropriate instructions to
the voter. It shall then contain perpendicular columns of equal width,
headed respectively in plain type, "for ratification," "against
ratification," and "unpledged." In the column headed "for ratification"
shall be placed the names of the nominees nominated as in favor of
ratification. In the column headed "against ratification" shall be
placed the names of the nominees nominated as against ratification. In
the column headed "unpledged" shall be placed the names of the nominees
nominated as unpledged. The voter shall indicate his choice by making
one or more punches or marks in the appropriate spaces provided on the
ballot. No ballot shall be held void because any such punch or mark is
irregular in character. The ballot shall be so arranged that the voter
may, by making a single punch or mark, vote for the entire group of
nominees whose names are comprised in any column. The ballot shall be
in substantially the following form:
PROPOSED AMENDMENT TO THE
CONSTITUTION OF THE
UNITED STATES
Delegates to the convention to ratify the proposed amendment.
The congress has proposed an amendment to the
constitution of the United States which provides (insert here the
substance of the proposed amendment).
The congress has also proposed that the said amendment shall be ratified by conventions in the states.
INSTRUCTIONS TO VOTERS
Do not vote for more than fifty-two candidates.
To vote for all candidates in favor of ratification,
or for all candidates against ratification, or for all candidates who
intend to remain unpledged, make a mark in the CIRCLE. If you do this,
make no other mark. To vote for an individual candidate make a mark in
the SQUARE at the left of the name.
For Against
Ratification Ratification Unpledged
O
O
O
[ ] John Doe [ ] Charles Coe [ ] Daniel De Foe
[ ] Richard Doe [ ] Michael Moe [ ] Louis St. Loe
All rights on the part of lists of candidates to name challengers and
witnesses in the polling places shall be the same as those under Title
XXXV [35] of the Revised Code.
The fifty-two nominees who receive the highest number of votes shall be delegates to the convention.
HISTORY: GC § 4785-240; 115 v 75, § 6; Bureau of Code Revision, 10-1-53; 129 v 1653. Eff 6-29-61.
§ 3523.06. Vacancy.
If there is a vacancy in the convention caused by the death or
disability of any delegate or any other cause, such vacancy shall be
filled by appointment by the majority vote of the delegates comprising
the group from which such delegate was elected. If the convention
contains no other delegate of that group, such vacancy shall be filled
by the governor.
HISTORY: GC § 4785-241; 115 v 76, § 7; Bureau of Code Revision. Eff 10-1-53.
§ 3523.07. Meeting of delegates.
The delegates to the convention shall meet at the capitol on the
twenty-eighth day after their election at one p.m., and shall thereupon
constitute a convention to pass upon the question of whether or not the
proposed amendment to the constitution of the United States shall be
ratified.
HISTORY: GC § 4785-242; 115 v 76, § 8; Bureau of Code Revision. Eff 10-1-53.
§ 3523.08. Powers of the convention.
The convention shall be the judge of the election and qualification of
its members, and may elect its president, secretary, and other officers
and adopt its own rules.
HISTORY: GC § 4785-243; 115 v 76, § 9; Bureau of Code Revision. Eff 10-1-53.
§ 3523.09. Journal of proceedings.
The convention shall keep a journal of its proceedings in which shall
be recorded the vote of each delegate on the question of ratification
of the proposed amendment to the constitution of the United States.
Upon final adjournment, the journal shall be filed with the secretary
of state.
HISTORY: GC § 4785-244; 115 v 77, § 10; Bureau of Code Revision. Eff 10-1-53.
§ 3523.10. Certification in case of ratification of the proposed amendment.
If the convention agrees, by vote of a majority of the total number of
delegates, to the ratification of the proposed amendment to the
constitution of the United States, a certificate to that effect shall
be executed by the president and secretary of the convention and
transmitted to the secretary of state of this state who shall transmit
the certificate under the great seal of the state to the secretary of
state of the United States.
HISTORY: GC § 4785-245; 115 v 77, § 11; Bureau of Code Revision. Eff 10-1-53.
§ 3523.11. Mileage of delegates.
Each delegate to the convention shall receive the legal rate of
transportation by motor vehicle each way for mileage from and to his
place of residence by the most direct route of public travel to and
from the city of Columbus.
HISTORY: GC § 4785-246; 115 v 77, § 12; Bureau of Code Revision, 10-1-53; 141 v H 555. Eff 2-26-86.
§ 3523.12. Manner of constituting convention set by congress.
If, at or about the time of submitting any amendment to the
constitution of the United States, congress either in the resolution
submitting such amendment or by statute prescribes the manner in which
the convention shall be constituted, and does not except from such
statute or resolution such states as theretofore have provided for
constituting such convention, sections 3523.01 to 3523.11, inclusive,
of the Revised Code shall be inoperative. The convention shall then be
constituted and shall operate as the resolution or act of congress
directs, and all officers of the state who by said resolution or
statute are authorized or directed to take any action to constitute
such a convention for this state shall act thereunder and in obedience
thereto with the same effect as if acting under a statute of this
state.
HISTORY: GC § 4785-247; 115 v 77, § 13; Bureau of Code Revision. Eff 10-1-53.
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CHAPTER 3599
OFFENSES AND PENALTIES
Section
3599.01. Bribery.
3599.02. Bribery offenses concerning voters or potential voters.
3599.03. Limitations on use
of corporate or union funds or property for political purposes.
[3599.03.1] 3599.031.Payroll deduction of political contributions.
3599.04. Contributions for illegal purposes.
3599.05. Employer shall not
influence political action of employee.
3599.06. Employer shall not
interfere with employee on election day.
3599.07. [Repealed]
3599.08. Influencing candidates and voters by publications.
3599.09. Fine for unlawfully seeking multiple offices.
[3599.09.1, 3599.09.2] 3599.091, 3599.092 Renumbered.
3599.10. Candidate for
general assembly shall not be asked to pledge vote on legislation.
3599.11. False registration; penalty.
[3599.11.1] 3599.111.Restrictions on compensation for voter
registration activities or collecting signatures on election-related
petitions.
3599.12. Illegal voting.
3599.13. Unqualified persons signing petitions.
3599.14. Prohibitions relating to petitions or declarations.
3599.15. Sale, theft, destruction, or mutilation of petitions.
3599.16. Misconduct of
members or employees of board of elections.
[3599.16.1] 3599.161.Prohibiting inspection of election records.
3599.17. Violations by elections officials.
3599.18. Misconduct in connection with registration of electors.
3599.19. Misconduct of
judges and clerks of elections in polling place.
3599.20. Offenses concerning ballots generally.
3599.21. Absent voter's ballot.
3599.22. Printing of ballots.
3599.23. Offenses concerning election materials or papers.
3599.24. Interference with conduct of election.
3599.25. Inducing illegal voting.
3599.26. Tampering with ballots.
3599.27. Possession of
voting machine, tabulating equipment, or marking device prohibited;
tampering; penalty.
3599.28. False signatures.
3599.29. Possession of false records.
3599.30. [Repealed]
3599.31. Failure of officer of law to assist election officers.
3599.32. Violations by
election official not otherwise specified.
3599.33. Fraudulent writing on ballots or election records.
3599.34. Destruction of
election records before expiration of time for contest.
3599.35. Proxies not to be
given by party representatives; impersonation of representatives.
3599.36. Election falsification.
3599.37. Disobedience of
subpoena concerning violation of election laws.
3599.38. Illegally influencing voters.
3599.39. Second conviction under election laws.
3599.40. General penalty.
3599.41. Person violating
election laws may testify against other violators.
3599.42. Prima-facie case of fraud.
3599.43. Communications
purporting to be from boards of elections; penalty.
3599.44. [Repealed]
3599.45. Accepting
contributions from medicaid providers prohibited.
§ 3599.01. Bribery.
(A) No person shall before, during, or after any primary, convention, or election:
(1) Give, lend, offer, or procure or promise to give, lend, offer, or
procure any money, office, position, place or employment, influence, or
any other valuable consideration to or for a delegate, elector, or
other person;
(2) Attempt by intimidation, coercion, or other unlawful means to
induce such delegate or elector to register or refrain from registering
or to vote or refrain from voting at a primary, convention, or election
for a particular person, question, or issue;
(3) Advance, pay, or cause to be paid or procure or offer to procure
money or other valuable thing to or for the use of another, with the
intent that it or part thereof shall be used to induce such person to
vote or to refrain from voting.
(B) Whoever violates this section is guilty of bribery, a felony
of the fourth degree; and if he is a candidate he shall forfeit the
nomination he received, or if elected to any office he shall forfeit
the office to which he was elected at the election with reference to
which such offense was committed.
HISTORY: GC § 4785-190; 113 v 307(399), § 190; Bureau of Code
Revision, 10-1-53; 126 v 575 (Eff 10-6-55); 139 v S 199. Eff 1-1-83.
§ 3599.02. Bribery offenses concerning voters or potential voters.
No person shall before, during, or after any primary, general, or
special election or convention solicit, request, demand, receive, or
contract for any money, gift, loan, property, influence, position,
employment, or other thing of value for that person or for another
person for doing any of the following:
(A) Registering or refraining from registering to vote;
(B) Agreeing to register or to refrain from registering to vote;
(C) Agreeing to vote or to refrain from voting;
(D) Voting or refraining from voting at any primary, general, or
special election or convention for a particular person, question, or
issue;
(E) Registering or voting, or refraining from registering or voting, or
voting or refraining from voting for a particular person, question, or
issue.
Whoever violates this section is guilty of bribery, a felony of the
fourth degree, and shall be disfranchised and excluded from holding any
public office for five years immediately following such conviction.
HISTORY: GC § 4785-191; 113 v 307(399), § 191; Bureau of Code Revision, Eff 10-1-53; 147 v S 116. Eff 12-9-97.
§ 3599.03. Limitations on use of corporate or union funds or property for political purposes.
(A) (1) Except to carry on activities specified in sections
3517.082 [3517.08.2] and 3517.1011 [3517.10.11], division (A)(2) of
section 3517.1012 [3517.10.12], division (B) of section 3517.1013
[3517.10.13], and section 3599.031 [3599.03.1] of the Revised Code and
except as provided in divisions (D), (E), and (F) of this section, no
corporation, no nonprofit corporation, and no labor organization,
directly or indirectly, shall pay or use, or offer, advise, consent, or
agree to pay or use, the corporation's money or property, or the labor
organization's money, including dues, initiation fees, or other
assessments paid by members, or property, for or in aid of or
opposition to a political party, a candidate for election or nomination
to public office, a political action committee including a political
action committee of the corporation or labor organization, a
legislative campaign fund, or any organization that supports or opposes
any such candidate, or for any partisan political purpose, shall
violate any law requiring the filing of an affidavit or statement
respecting such use of those funds, or shall pay or use the
corporation's or labor organization's money for the expenses of a
social fund-raising event for its political action committee if an
employee's or labor organization member's right to attend such an event
is predicated on the employee's or member's contribution to the
corporation's or labor organization's political action committee.
(2) Whoever violates division (A)(1) of this section shall be fined not
less than five hundred nor more than five thousand dollars.
(B) (1) No officer, stockholder, attorney, or agent of a
corporation or nonprofit corporation, no member, including an officer,
attorney, or agent, of a labor organization, and no candidate,
political party official, or other individual shall knowingly aid,
advise, solicit, or receive money or other property in violation of
division (A)(1) of this section.
(2) Whoever violates division (B)(1) of this section shall be fined not
more than one thousand dollars, or imprisoned not more than one year,
or both.
(C) A corporation, a nonprofit corporation, or a labor
organization may use its funds or property for or in aid of or
opposition to a proposed or certified ballot issue. Such use of funds
or property shall be reported on a form prescribed by the secretary of
state. Reports of contributions in connection with statewide ballot
issues shall be filed with the secretary of state. Reports of
contributions in connection with local issues shall be filed with the
board of elections of the most populous county of the district in which
the issue is submitted or to be submitted to the electors. Reports made
pursuant to this division shall be filed by the times specified in
divisions (A)(1) and (2) of section 3517.10 of the Revised Code.
(D) (1) Any gift made pursuant to section 3517.101 [3517.10.1] of
the Revised Code does not constitute a violation of this section or of
any other section of the Revised Code.
(2) Any gift made pursuant to division (A) (2) of section 3517.1012
[3517.10.12] of the Revised Code does not constitute a violation of
this section.
(3) Any gift made pursuant to division (B) of section 3517.1013
[3517.10.13] of the Revised Code does not constitute a violation of
this section.
(E) Any compensation or fees paid by a financial institution to a
state political party for services rendered pursuant to division (B) of
section 3517.19 of the Revised Code do not constitute a violation of
this section or of any other section of the Revised Code.
(F) (1) The use by a nonprofit corporation of its money or
property for communicating information for a purpose specified in
division (A) of this section is not a violation of that division if the
stockholders, members, donors, trustees, or officers of the nonprofit
corporation are the predominant recipients of the communication.
(2) The placement of a campaign sign on the property of a corporation,
nonprofit corporation, or labor organization is not a use of property
in violation of division (A) of this section by that corporation,
nonprofit corporation, or labor organization.
(3) The use by a corporation or labor organization of its money or
property for communicating information for a purpose specified in
division (A) of this section is not a violation of that division if it
is not a communication made by mass broadcast such as radio or
television or made by advertising in a newspaper of general circulation
but is a communication sent exclusively to members, employees,
officers, or trustees of that labor organization or shareholders,
employees, officers, or directors of that corporation or to members of
the immediate families of any such individuals or if the communication
intended to be so sent exclusively is unintentionally sent as well to a
de minimis number of other individuals.
(G) In addition to the laws listed in division (A) of section
4117.10 of the Revised Code that prevail over conflicting agreements
between employee organizations and public employers, this section
prevails over any conflicting provisions of agreements between labor
organizations and public employers that are entered into on or after
the effective date of this section pursuant to Chapter 4117. of the
Revised Code.
(H) As used in this section, "labor organization" has the same meaning as in section 3517.01 of the Revised Code.
HISTORY: 150 v H 1, § 1, eff. 3-31-05.
[§ 3599.03.1] § 3599.031. Payroll deduction of political contributions.
(A) Notwithstanding any provision of the Revised Code to the
contrary and subject to division (C) of section 3517.09 of the Revised
Code and division (B) of this section, any employer may deduct from the
wages and salaries of its employees amounts for an account described in
division (B) of this section, a separate segregated fund, a political
action committee of the employer, a political action committee of a
labor organization of the employer's employees, a political action
committee of an association of which the employer is a member, a
political party, a person making disbursements to pay the direct costs
of producing or airing electioneering communications, or a ballot issue
that the employee by written authorization may designate and shall
transmit any amounts so deducted as a separate written authorization
described in division (B) of this section shall direct. Any
authorization authorizing a deduction from an employee's wages or
salary may be on a form that is used to apply for or authorize
membership in or authorize payment of dues or fees to any organization,
but the authorization for a deduction shall be stated and signed
separately from the application for membership or the authorization for
the payment of dues or fees. The employer either may deduct from the
amount to be so transmitted a uniform amount determined by the employer
to be necessary to defray the actual cost of making such deduction and
transmittal, or may utilize its own funds in an amount it determines is
necessary to defray the actual administrative cost, including making
the deduction and transmittal.
(B) If an employer establishes a separate account in the name of
an employee for the purpose of depositing into the account amounts
deducted from the wages and salary of the employee pursuant to division
(A) of this section or amounts directly given by the employee to the
employer for the support of a candidate, a separate segregated fund, a
political action committee of the employer, a political action
committee of a labor organization of the employer's employees, a
political action committee of an association of which the employer is a
member, a political party, a legislative campaign fund, a person making
disbursements to pay the direct costs of producing or airing
electioneering communications, or a ballot issue, the employee shall
sign a written authorization designating the recipient of a
disbursement from that account. The written authorization required
under this division is separate and distinct from a written
authorization required under division (A) of this section. The
authorization required under this division shall clearly identify and
designate the candidate, separate segregated fund, political action
committee of the employer, political action committee of a labor
organization of the employer's employees, political action committee of
an association of which the employer is a member, political party,
legislative campaign fund, person making disbursements to pay the
direct costs of producing or airing electioneering communications, or
ballot issue that is to receive any disbursement from the account
established pursuant to this division. No person shall designate the
recipient of a disbursement from the account except the employee from
whose account the disbursement is made. No employer shall make a
disbursement from the account of an employee established under this
division unless the employer has received the written authorization
required under this division.
(C) An employer shall furnish the recipient of any amount
transmitted pursuant to this section with the employer's full name and
the full name of the labor organization of which the employee whose
amount is being transmitted is a member, if any. An employer shall keep
and maintain the authorization forms of all its employees from whose
wages and salaries any amounts were deducted pursuant to division (A)
of this section and the authorizations of disbursements from accounts
established under division (B) of this section for a period of at least
six years after the year in which the deductions and disbursements were
made.
(D) An employee who has made an authorization pursuant to
division (A) or (B) of this section may revoke that authorization at
any time. A revocation of the authorization does not affect any
deduction already made from an employee's wages and salary or any
amounts already transmitted or disbursed under this section.
(E) For purposes of this section and for the purpose of the
information required to be filed under division (B)(4)(b)(iii) of
section 3517.10 of the Revised Code:
(1) If an employer is a corporation, each subsidiary of a parent
corporation shall be considered an entity separate and distinct from
any other subsidiary and separate and distinct from the parent
corporation.
(2) Each national, regional, state, and local affiliate of a labor organization shall be considered a distinct entity.
(F) Whoever violates division (B) of this section shall be fined
not less than fifty nor more than five hundred dollars for each
disbursement made in violation of that division.
(G) In addition to the laws listed in division (A) of section
4117.10 of the Revised Code that prevail over conflicting agreements
between employee organizations and public employers, this section
prevails over any conflicting provisions of agreements between labor
organizations and public employers that are entered into on or after
the effective date of this amendment pursuant to Chapter 4117. of the
Revised Code.
(H) As used in this section:
(1) " Electioneering communication," "legislative campaign fund,"
"labor organization," "political action committee," and "separate
segregated fund" have the same meanings as in section 3517.01 of the
Revised Code.
(2) "Public employer" means an employer that is the state or a state
agency, authority, commission, or board, a political subdivision of the
state, a school district or state institution of higher learning, a
public or special district, or any other public employer.
(3) "Employee" includes only an employee who is a resident of or is employed in this state.
HISTORY: 135 v S 46 (Eff 7-23-74); 136 v H 1379 (Eff 6-23-76); 142 v H
354 (Eff 9-22-87); 146 v S 8. Eff 8-23-95; 150 v H 1, § 1, eff.
3-31-05.
§ 3599.04. Contributions for illegal purposes.
No person shall, directly or indirectly, in connection with any
election, pay, lend, or contribute or offer or promise to pay, lend, or
contribute any money or other valuable consideration in the election or
defeat of any candidate or the adoption or defeat of any question or
issue for any purposes other than those enumerated in sections 3517.08
and 3517.12 of the Revised Code.
Whoever violates this section is guilty of corrupt practices and shall
be fined not less than twenty-five nor more than five hundred dollars.
HISTORY: GC § 4785-193; 133 v 307(400), § 193; Bureau of Code Revision. Eff 10-1-53.
§ 3599.05. Employer shall not influence political action of employee.
No employer or his agent or a corporation shall print or authorize to
be printed upon any pay envelopes any statements intended or calculated
to influence the political action of his or its employees; or post or
exhibit in the establishment or anywhere in or about the establishment
any posters, placards, or hand bills containing any threat, notice, or
information that if any particular candidate is elected or defeated
work in the establishment will cease in whole or in part, or other
threats expressed or implied, intended to influence the political
opinions or votes of his or its employees.
Whoever violates this section is guilty of corrupt practices, and shall
be punished by a fine of not less than five hundred nor more than one
thousand dollars.
HISTORY: GC § 4785-194; 113 v 307(400), § 194; Bureau of Code Revision. Eff 10-1-53.
§ 3599.06. Employer shall not interfere with employee on election day.
No employer, his officer or agent, shall discharge or threaten to
discharge an elector for taking a reasonable amount of time to vote on
election day; or require or order an elector to accompany him to a
voting place upon such day; or refuse to permit such elector to serve
as an election official on any registration or election day; or
indirectly use any force or restraint or threaten to inflict any
injury, harm, or loss; or in any other manner practice intimidation in
order to induce or compel such person to vote or refrain from voting
for or against any person or question or issue submitted to the voters.
Whoever violates this section shall be fined not less than fifty nor more than five hundred dollars.
HISTORY: GC § 4785-195; 113 v 307(400), § 195; Bureau of Code Revision. Eff 10-1-53.
§ 3599.07. Repealed.
Repealed, 135 v S 46, § 2 [GC § 4785-196; 113 v 307(401); Bureau of Code Revision, 10-1-53]. Eff 7-23-74.
§ 3599.08. Influencing candidates and voters by publications.
No owner, editor, writer, or employee of any newspaper, magazine, or
other publication of any description, whether published regularly or
irregularly, shall use the columns of any such publication for the
printing of any threats, direct or implied, in the columns of any such
publication for the purpose of controlling or intimidating candidates
for public office. Such person shall not directly or indirectly
solicit, receive, or accept any payment, promise, or compensation for
influencing or attempting to influence votes through any printing
matter, except through matter inserted in such publication as "paid
advertisement" and so designated.
Whoever violates this section is guilty of a corrupt practice and shall
be fined not less than five hundred nor more than one thousand dollars.
HISTORY: GC § 4785-197; 113 v 307(401), § 197; Bureau of Code Revision. Eff 10-1-53.
§ 3599.09. Fine for unlawfully seeking multiple offices.
Whoever knowingly violates division (A) of section 3513.052 [3513.05.2]
is guilty of seeking nomination or election to more than one prohibited
office at the same election and shall be fined not more than five
hundred dollars.
HISTORY: 149 v H 445. Eff 12-23-2002.
[§ 3599.09.1] § 3599.091. Renumbered.
Amended and renumbered RC § 3517.21 in 146 v S 9. Eff 8-24-95.
[§ 3599.09.2] § 3599.092. Renumbered.
Amended and renumbered RC § 3517.21 in 146 v S 9. Eff 8-24-95.
§ 3599.10. Candidate for general assembly shall not be asked to pledge vote on legislation.
No person, firm, or corporation shall demand of any candidate for the
general assembly any pledge concerning his vote on any legislation,
question, or proposition that may come before the general assembly;
provided that this shall not be understood to prohibit a reasonable
inquiry as to such candidate's views on such question or legislation.
Whoever violates this section is guilty of a corrupt practice and shall
be fined not less than five hundred nor more than one thousand dollars.
HISTORY: GC § 4785-200; 113 v 307(402), § 200; Bureau of Code Revision. Eff 10-1-53.
§ 3599.11. False registration; penalty.
(A) No person shall knowingly register or make application or
attempt to register in a precinct in which the person is not a
qualified voter; or knowingly aid or abet any person to so register; or
attempt to register or knowingly induce or attempt to induce any person
to so register; or knowingly impersonate another or write or assume the
name of another, real or fictitious, in registering or attempting to
register; or by false statement or other unlawful means procure, aid,
or attempt to procure the erasure or striking out on the register or
duplicate list of the name of a qualified elector therein; or knowingly
induce or attempt to induce a registrar or other election authority to
refuse registration in a precinct to an elector thereof; or knowingly
swear or affirm falsely upon a lawful examination by or before any
registering officer; or make, print, or issue any false or counterfeit
certificate of registration or knowingly alter any certificate of
registration.
No person shall knowingly register under more than one name or knowingly induce any person to so register.
No person shall knowingly make any false statement on any form for
registration or change of registration or upon any application or
return envelope for an absent voter's ballot.
Whoever violates this division is guilty of a felony of the fifth degree.
(B) No person who helps another person register outside an
official voter registration place shall knowingly destroy, or knowingly
help another person to destroy, any completed registration form, or
knowingly fail to return any registration form entrusted to that person
to the board of elections on or before the thirtieth day before the
election.
Whoever violates this division is guilty of a misdemeanor of the first degree.
HISTORY: GC § 4785-201; 113 v 307(402), § 201; Bureau of Code
Revision, 10-1-53; 134 v S 460 (Eff 3-23-72); 137 v S 125 (Eff
5-27-77); 137 v H 1209 (Eff 11-3-78); 146 v S 2 (Eff 7-1-96); 147 v S
116. Eff 12-9-97.
[§ 3599.11.1] § 3599.111. Restrictions on compensation for
voter registration activities or collecting signatures on
election-related petitions.
(A) As used in this section, "registering a voter" or
"registering voters" includes any effort, for compensation, to provide
voter registration forms or to assist persons in completing those forms
or returning them to the board of elections, the office of the
secretary of state, or other appropriate public office.
(B) No person shall receive compensation on a fee per signature
or fee per volume basis for circulating any declaration of candidacy,
nominating petition, declaration of intent to be a write-in candidate,
initiative petition, referendum petition, recall petition, or any other
election-related petition that is filed with or transmitted to a board
of elections, the office of the secretary of state, or other
appropriate public office.
(C) No person shall receive compensation on a fee per registration or fee per volume basis for registering a voter.
(D) Compensation for collecting signatures on election-related
petitions and for registering voters shall be paid solely on the basis
of time worked.
(E) (1) Whoever violates division (B) or (C) of this section is
guilty of election falsification under section 3599.36 of the Revised
Code.
(2) Whoever violates division (D) of this section is guilty of a felony of the fifth degree.
HISTORY: 150 v H 1, § 1, eff. 3-31-05.
§ 3599.12. Illegal voting.
(A) No person shall do any of the following:
(1) Vote or attempt to vote in any primary, special, or general
election in a precinct in which that person is not a legally qualified
elector;
(2) Vote or attempt to vote more than once at the same election by any
means, including voting or attempting to vote both by absent voter's
ballots under division (G) of section 3503.16 of the Revised Code and
by regular ballot at the polls at the same election, or voting or
attempting to vote both by absent voter's ballots under division (G) of
section 3503.16 of the Revised Code and by absent voter's ballots under
Chapter 3509. or armed service absent voter's ballots under Chapter
3511. of the Revised Code at the same election;
(3) Impersonate or sign the name of another person, real or fictitious,
living or dead, and vote or attempt to vote as that other person in any
such election;
(4) Cast a ballot at any such election after objection has been made and sustained to that person's vote;
(5) Knowingly vote or attempt to vote a ballot other than the official ballot.
(B) Whoever violates division (A) of this section is guilty of a felony of the fourth degree.
HISTORY: GC § 4785-202; 113 v 307(403), § 202; Bureau of Code
Revision, 10-1-53; 139 v S 199 (Eff 1-1-83); 147 v S 116. Eff 12-9-97;
151 v H 234, § 1, eff. 1-27-06.
§ 3599.13. Unqualified persons signing petitions.
No person shall sign an initiative, supplementary, referendum, recall,
or nominating petition knowing that he is not at the time qualified to
sign it; or knowingly sign such petition more than once; or sign a name
other than his own; or accept anything of value for signing such
petition; or seek by intimidation or threats to influence any person to
sign or refrain from signing such petition, or from circulating or
abstaining from circulating such petition; or sign a nominating
petition for a candidate of a party with which he is not affiliated, as
required by section 3513.05 of the Revised Code; or make a false
affidavit or statement concerning the signatures on any such petition.
Whoever violates this section shall be fined not less than fifty nor
more than five hundred dollars or imprisoned not less than three nor
more than six months, or both.
HISTORY: GC § 4785-203; 113 v 307(403), § 203; Bureau of Code Revision, 10-1-53; 138 v H 1062. Eff 3-23-81.
§ 3599.14. Prohibitions relating to petitions or declarations.
(A) No person shall knowingly, directly or indirectly, do any of
the following in connection with any declaration of candidacy,
declaration of intent to be a write-in candidate, nominating petition,
or other petition presented to or filed with the secretary of state, a
board or Å elections, or any other public office for the purpose
of becoming a candidate for any elective office, including the office
of a political party, for the purpose of submitting a question or issue
to the electors at an election, or for the purpose of forming a
political party:
(1) Misrepresent the contents, purpose, or effect of the petition or
declaration for the purpose of persuading a person to sign or refrain
from signing the petition or declaration;
(2) Pay or offer to pay anything of value for signing or refraining from signing the petition or declaration;
(3) Promise to assist any person to obtain appointment to an office or
position as a consideration for obtaining or preventing signatures to
the petition or declaration;
(4) Obtain or prevent signatures to the petition or declaration as a
consideration for the assistance or promise of assistance of a person
in securing appointment to an office or position;
(5) Circulate or cause to be circulated the petition or declaration knowing it to contain false, forged, or fictitious names;
(6) Add signatures or names except the person's own name on the petition or declaration;
(7) Make a false certification or statement concerning the petition or declaration;
(8) File with the election authorities the petition or declaration knowing it to contain false, forged, or fictitious names;
(9) Fail to fill out truthfully and file all itemized statements
required by law in connection with the petition or declaration.
(B) Whoever violates division (A) of this section is guilty of a misdemeanor of the first degree.
HISTORY: GC § 4785-204; 113 v 307(403), § 204; Bureau of Code
Revision, 10-1-53; 138 v H 1062 (Eff 3-23-81); 143 v H 405 (Eff
4-11-91); 146 v S 2 (Eff 7-1-96); 147 v S 116. Eff 12-9-97.
§ 3599.15. Sale, theft, destruction, or mutilation of petitions.
No person shall purchase, steal, attempt to steal, sell, attempt to
sell, or willfully destroy or mutilate any initiative, supplementary,
referendum, recall, or nominating petition, or any part of a petition,
that is being or has been lawfully circulated; provided that the words
"purchase" and "sell" do not apply to persons paying or receiving pay
for soliciting signatures to or circulating a petition or petition
paper.
Whoever violates this section is guilty of a felony of the fifth degree.
HISTORY: GC § 4785-205; 113 v 307(404), § 205; Bureau of Code
Revision, 10-1-53; 139 v S 199 (Eff 1-1-83); 146 v S 2. Eff 7-1-96.
§ 3599.16. Misconduct of members or employees of board of elections.
No member, director, or employee of a board of elections shall:
(A) Willfully or negligently violate or neglect to perform any duty
imposed upon him by law, or willfully perform or neglect to perform it
in such a way as to hinder the objects of the law, or willfully disobey
any law incumbent upon him so to do;
(B) Willfully or knowingly report as genuine a false or fraudulent
signature on a petition or registration form, or willfully or knowingly
report as false or fraudulent any such genuine signature;
(C) Willfully add to or subtract from the votes actually cast at an
election in any official returns, or add to or take away or attempt to
add to or take away any ballot from those legally polled at such
election;
(D) Carry away, destroy, or mutilate any registration cards or forms, pollbooks, or other records of any election;
(E) Act as an election official in any capacity in an election, except as specifically authorized in his official capacity;
(F) In any other way willfully and knowingly or unlawfully violate or
seek to prevent the enforcement of any other provisions of the election
laws.
Whoever violates this section shall be dismissed from his position as a
member or employee of the board and is guilty of a felony of the fourth
degree.
HISTORY: GC § 4785-206; 113 v 307(404), § 206; Bureau of Code
Revision, 10-1-53; 138 v H 1062 (Eff 3-23-81); 139 v S 199. Eff 1-1-83.
[§ 3599.16.1] § 3599.161. Prohibiting inspection of election records.
(A) The director of elections, deputy director of elections, or
an employee of the board of elections designated by the director or
deputy director shall be available during normal office hours to
provide any person with access to the public records filed in the
office of the board of elections.
(B) No director of elections, deputy director of elections, or
employee of the board of elections designated by the director or deputy
director shall knowingly prevent or prohibit any person from
inspecting, under reasonable regulations established and posted by the
board of elections, the public records filed in the office of the board
of elections. Records relating to the declination of a person to
register to vote and to the identity of a voter registration agency
through which any particular person registered to vote are not public
records for purposes of this section.
(C) Whoever violates division (B) of this section is guilty of
prohibiting inspection of election records, a minor misdemeanor, and
shall, upon conviction, be dismissed from his position as director of
elections, deputy director of elections, or employee of the board of
elections.
HISTORY: 137 v H 86 (Eff 8-26-77); 145 v S 300. Eff 1-1-95.
§ 3599.17. Violations by elections officials.
(A) No elections official serving as a registrar, judge, or clerk of elections shall do any of the following:
(1) Fail to appear before the board of elections, or its
representative, after notice has been served personally upon the
official or left at the official's usual place of residence, for
examination as to the official's qualifications;
(2) Fail to appear at the polling place to which the official is
assigned at the hour and during the hours set for the registration or
election;
(3) Fail to take the oath prescribed by section 3501.31 of the Revised Code, unless excused by such board;
(4) Refuse or sanction the refusal of another registrar or judge of elections to administer an oath required by law;
(5) Fail to send notice to the board of the appointment of a judge or clerk to fill a vacancy;
(6) Act as registrar, judge, or clerk without having been appointed and
having received a certificate of appointment, except a judge or clerk
appointed to fill a vacancy caused by absence or removal;
(7) Fail in any other way to perform any duty imposed by law.
(B) Whoever violates division (A) of this section is guilty of a misdemeanor of the first degree.
HISTORY: GC § 4785-207; 113 v 307(405), § 207; Bureau of Code Revision, 10-1-53; 147 v S 116. Eff 12-9-97.
§ 3599.18. Misconduct in connection with registration of electors.
(A) No election official, person assisting in the registration of
electors, or police officer shall knowingly do any of the following:
(1) Refuse, neglect, or unnecessarily delay, hinder, or prevent the
registration of a qualified elector, who in a lawful manner applies for
registration;
(2) Enter or consent to the entry of a fictitious name on a voter registration list;
(3) Alter the name on or remove or destroy the registration card or form of any qualified elector;
(4) Neglect, unlawfully execute, or fail to execute any duty enjoined
upon that person as an election official, person assisting in the
registration of electors, or police officer.
(B) Whoever violates division (A) of this section is guilty of a misdemeanor of the first degree.
HISTORY: GC § 4785-208; 113 v 307(405), § 208; Bureau of Code
Revision, 10-1-53; 136 v H 1 (Eff 6-13-75); 147 v S 116. Eff 12-9-97.
§ 3599.19. Misconduct of judges and clerks of elections in polling place.
(A) No judge or clerk of elections shall knowingly do any of the following:
(1) Unlawfully open or permit to be opened the sealed package
containing registration lists, ballots, blanks, pollbooks, and other
papers and material to be used in an election;
(2) Unlawfully misplace, carry away, negligently lose or permit to be
taken from the judge or clerk, fail to deliver, or destroy any such
packages, papers, or material;
(3) Receive or sanction the reception of a ballot from a person not a
qualified elector or from a person who refused to answer a question in
accordance with the election law;
(4) Refuse to receive or sanction the rejection of a ballot from a person, knowing that person to be a qualified elector;
(5) Permit a fraudulent ballot to be placed in the ballot box;
(6) Place or permit to be placed in any ballot box any ballot known by the judge or clerk to be improperly or falsely marked;
(7) Count or permit to be counted any illegal or fraudulent ballot;
(8) Mislead an elector who is physically unable to prepare the
elector's ballot, mark a ballot for such elector otherwise than as
directed by that elector, or disclose to any person, except when
legally required to do so, how such elector voted;
(9) Alter or mark or permit any alteration or marking on any ballot when counting the ballots;
(10) Unlawfully count or tally or sanction the wrongful counting or tallying of votes;
(11) After the counting of votes commences, as required by law,
postpone or sanction the postponement of the counting of votes, adjourn
at any time or to any place, or remove the ballot box from the place of
voting, or from the custody or presence of all the judges and clerks of
such elections;
(12) Permit any ballot to remain or to be in the ballot box at the
opening of the polls, or to be put in the box during the counting of
the ballots, or to be left in the box without being counted;
(13) Admit or sanction the admission to the polling room at an election
during the receiving, counting, and certifying of votes of any person
not qualified by law to be so admitted;
(14) Refuse to admit or sanction the refusal to admit any person, upon
lawful request for admission, who is legally qualified to be present;
(15) Permit or sanction the counting of the ballots contrary to the manner prescribed by law;
(16) Neglect or unlawfully execute any duty enjoined upon the judge or clerk by law.
(B) Whoever violates division (A) of this section is guilty of a misdemeanor of the first degree.
HISTORY: GC § 4785-209; 113 v 307(405), § 209; Bureau of Code Revision, 10-1-53; 147 v S 116. Eff 12-9-97.
§ 3599.20. Offenses concerning ballots generally.
No person shall attempt to induce an elector to show how the elector
marked the elector's ballot at an election; or, being an elector, allow
the elector's ballot to be seen by another, except as provided by
section 3505.24 of the Revised Code, with the apparent intention of
letting it be known how the elector is about to vote; or make a false
statement as to the elector's ability to mark the ballot; or knowingly
mark the ballot so it may be identified after it has been cast; or
attempt to interfere with an elector in the voting booth when marking
the elector's ballot; or knowingly destroy or mutilate a lawful ballot;
or remove from the polling place or be found in unlawful possession of
a lawful ballot outside the enclosure provided for voting; or knowingly
hinder or delay the delivery of a lawful ballot to a person entitled to
receive it; or give to an elector a ballot printed or written contrary
to law; or forge or falsely make an official indorsement on a ballot.
Whoever violates this section is guilty of a felony of the fifth degree.
HISTORY: GC § 4785-210; 113 v 307(406), § 210; Bureau of Code Revision, 10-1-53; 147 v S 116. Eff 12-9-97.
§ 3599.21. Absent voter's ballot.
(A) No person shall knowingly do any of the following:
(1) Impersonate another, or make a false representation in order to obtain an absent voter's ballot;
(2) Aid or abet a person to vote an absent voter's ballot illegally;
(3) If the person is an election official, open, destroy, steal, mark, or mutilate any absent voter's ballot;
(4) Aid or abet another person to open, destroy, steal, mark, or
mutilate any absent voter's ballot after the ballot has been voted;
(5) Delay the delivery of any such ballot with a view to preventing its arrival in time to be counted;
(6) Hinder or attempt to hinder the delivery or counting of such absent voter's ballot;
(7) Fail to forward to the appropriate election official an absent
voter's ballot application entrusted to that person to so forward;
(8) Fail to forward to the appropriate election official an absent
voter's ballot application entrusted to that person to so forward
within such a time period that the failure to so forward the
application disenfranchises the voter with respect to a particular
election;
(9) Except as authorized under Chapters 3509. and 3511. of the Revised Code, possess the absent voter's ballot of another.
(B) (1) Subject to division (B)(2) of this section, no person who
receives compensation for soliciting persons to apply to vote by absent
voter's ballots shall fail to forward to the appropriate election
official an absent voter's ballot application entrusted to that person
to so forward within ten days after that application is completed.
(2) No person who receives compensation for soliciting persons to apply
to vote by absent voter's ballots shall fail to forward to the
appropriate election official an absent voter's ballot application
entrusted to that person to so forward within such a time period that
the failure to so forward the application disenfranchises the voter
with respect to a particular election.
(C) Whoever violates division (A) of this section is guilty of a felony of the fourth degree.
(D) As used in this section, "person who receives compensation
for soliciting persons to apply to vote by absent voter's ballots"
includes any effort, for compensation, to provide absent voter's ballot
applications or to assist persons in completing those applications or
returning them to the director of the board of elections of the county
in which the applicant's voting residence is located.
HISTORY: GC § 4785-211; 113 v 307(406), § 211; Bureau of Code
Revision, 10-1-53; 139 v S 199 (Eff 1-1-83); 147 v S 116. Eff 12-9-97;
151 v H 234, § 1, eff. 1-27-06.
§ 3599.22. Printing of ballots.
(A) No person employed to print or engage in printing the official ballots shall knowingly do any of the following:
(1) Print or cause or permit to be printed an official ballot other
than the official ballot furnished by the board of elections;
(2) Print or permit to be printed more ballots than are delivered to the board;
(3) Appropriate, give, deliver, or knowingly permit to be taken away
any of such ballots by a person other than the person authorized by law
to do so;
(4) Print such ballots on paper other than that provided in the contract with the board;
(5) Package or deliver to the board fewer ballots than the number the board directed to be printed.
(B) Whoever violates division (A) of this section is guilty of a misdemeanor of the first degree.
HISTORY: GC § 4785-212; 113 v 307(407), § 212; Bureau of Code Revision, 10-1-53; 147 v S 116. Eff 12-9-97.
§ 3599.23. Offenses concerning election materials or papers.
(A) No printer or other person entrusted with the printing,
custody, or delivery of registration cards or forms, ballots, blanks,
pollbooks, cards of instruction, or other required papers shall do any
of the following:
(1) Knowingly and unlawfully open or permit to be opened a sealed package containing ballots or other printed forms;
(2) Knowingly give or deliver to another not lawfully entitled to them,
or unlawfully misplace or carry away, or knowingly fail to deliver, or
knowingly destroy any such forms or packages of ballots, or a ballot,
pollbooks, cards of instruction, or other required papers;
(3) Negligently lose or permit to be taken from the printer or other
entrusted person any of the materials described in division (A)(2) of
this section.
(B) No person entrusted with the preparation, custody, or delivery of marking devices shall do either of the following:
(1) Unlawfully open or permit to be opened a sealed package containing
marking devices, or give or deliver to another not lawfully entitled to
them any such marking devices;
(2) Unlawfully or carelessly use or negligently lose or permit to be
taken from the printer or other entrusted person and fail to deliver or
destroy any such marking devices.
(C) Whoever violates division (A)(1) or (2) or (B) of this
section is guilty of a misdemeanor of the first degree. Whoever
violates division (A)(3) of this section is guilty of a misdemeanor of
the second degree.
HISTORY: GC § 4785-213; 113 v 307(407), § 213; Bureau of Code
Revision, 10-1-53; 129 v 1653 (Eff 6-29-61); 147 v S 116. Eff 12-9-97.
§ 3599.24. Interference with conduct of election.
(A) No person shall do any of the following:
(1) By force, fraud, or other improper means, obtain or attempt to
obtain possession of the ballots, ballot boxes, or pollbooks;
(2) Recklessly destroy any property used in the conduct of elections;
(3) Attempt to intimidate an election officer, or prevent an election official from performing the official's duties;
(4) Knowingly tear down, remove, or destroy any of the registration
lists or sample ballots furnished by the board of elections at the
polling place;
(5) Loiter in or about a registration or polling place during
registration or the casting and counting of ballots so as to hinder,
delay, or interfere with the conduct of the registration or election;
(6) Remove from the voting place the pencils, cards of instruction,
supplies, or other conveniences furnished to enable the voter to mark
the voter's ballot.
(B) Whoever violates division (A)(1) or (2) of this section is
guilty of a felony of the fifth degree. Whoever violates division
(A)(3) or (4) of this section is guilty of a misdemeanor of the first
degree. Whoever violates division (A)(5) or (6) of this section is
guilty of a minor misdemeanor.
HISTORY: GC § 4785-214; 113 v 307(407), § 214; Bureau of Code
Revision, 10-1-53; 138 v H 1062 (Eff 3-23-81); 146 v S 2. Eff 7-1-96.
§ 3599.25. Inducing illegal voting.
(A) No person shall knowingly do any of the following:
(1) Counsel or advise another to vote at an election, knowing that the person is not a qualified voter;
(2) Advise, aid, or assist another person to go or come into a precinct
for the purpose of voting in it, knowing that such person is not
qualified to vote in it;
(3) Counsel, advise, or attempt to induce an election officer to permit
a person to vote, knowing such person is not a qualified elector.
(B) Whoever violates division (A) of this section is guilty of a felony of the fourth degree.
HISTORY: GC § 4785-215; 113 v 307(408), § 215; Bureau of Code Revision, 10-1-53; 147 v S 116. Eff 12-9-97.
§ 3599.26. Tampering with ballots.
No person shall fraudulently put a ballot or ticket into a ballot box;
or knowingly and willfully vote a ballot other than an official ballot
lawfully obtained by the person from the precinct election authorities;
or fraudulently or deceitfully change a ballot of an elector, by which
such elector is prevented from voting for such candidates or on an
issue as the elector intends to do; or mark a ballot of an elector
except as authorized by section 3505.24 of the Revised Code; or hand a
marked ballot to an elector to vote, with intent to ascertain how the
elector voted; or furnish a ballot to an elector who cannot read,
knowingly informing the elector that it contains a name different from
the one that is printed or written thereon, to induce the elector to
vote contrary to the elector's intentions; or unduly delay or hinder an
elector from applying for registration, registering, or from attempting
to vote or voting; or knowingly print or distribute a ballot contrary
to law.
Whoever violates this section is guilty of a felony of the fifth degree.
HISTORY: GC § 4785-216; 113 v 307(408), § 216; 124 v 478;
Bureau of Code Revision, 10-1-53; 139 v S 199 (Eff 1-1-83); 146 v S 2.
Eff 7-1-96.
§ 3599.27. Possession of voting machine, tabulating equipment, or marking device prohibited; tampering; penalty.
No unauthorized person shall have in the person's possession any voting
machine that may be owned or leased by any county or any of the parts
or the keys thereof. No person shall tamper or attempt to tamper with,
deface, impair the use of, destroy, or otherwise injure in any manner
any voting machine.
No unauthorized person shall have in the person's possession any
marking device, automatic tabulating equipment, or any of the parts,
appurtenances, or accessories thereof. No person shall tamper or
attempt to tamper with, deface, impair the use of, destroy, or
otherwise change or injure in any manner any marking device, automatic
tabulating equipment, or any appurtenances or accessories thereof.
Whoever violates this section is guilty of a felony of the fifth degree.
HISTORY: GC § 4785-217; 113 v 307(408), § 217; Bureau of Code
Revision, 10-1-53; 126 v 575 (Eff 10-6-55); 129 v 1653 (Eff 6-29-61);
139 v S 199 (Eff 1-1-83); 146 v S 2. Eff 7-1-96.
§ 3599.28. False signatures.
No person, with intent to defraud or deceive, shall write or sign the
name of another person to any document, petition, registration card, or
other book or record authorized or required by Title XXXV [35] of the
Revised Code.
Whoever violates this section is guilty of a felony of the fifth degree.
HISTORY: GC § 4785-219; 113 v 307(409), § 219; Bureau of Code
Revision, 10-1-53; 139 v S 199 (Eff 1-1-83); 146 v S 2. Eff 7-1-96.
§ 3599.29. Possession of false records.
No person shall have in the person's possession a falsely made,
altered, forged, or counterfeited registration card, form, or list,
pollbook, tally sheet, or list of election returns of an election,
knowing it to be such, with intent to hinder, defeat, or prevent a fair
expression of the popular will at such election.
Whoever violates this section is guilty of a felony of the fifth degree.
HISTORY: GC § 4785-220; 113 v 307(409), § 220; Bureau of Code
Revision, 10-1-53; 139 v S 199 (Eff 1-1-83); 146 v S 2. Eff 7-1-96.
§ 3599.30. Repealed.
Repealed, 147 v S 116, § 2 [GC § 4785-222; 113 v 307 (410),
§ 222; Bureau of Code Revision, 10-1-53]. Eff 12-9-97.
§ 3599.31. Failure of officer of law to assist election officers.
No officer of the law shall fail to obey forthwith an order of the
presiding judge and aid in enforcing a lawful order of the presiding
judges at an election, against persons unlawfully congregating or
loitering within one hundred feet of a polling place, hindering or
delaying an elector from reaching or leaving the polling place,
soliciting or attempting, within one hundred feet of the polling place,
to influence an elector in casting the elector's vote, or interfering
with the registration of voters or casting and counting of the ballots.
Whoever violates this section is guilty of a misdemeanor of the first degree.
HISTORY: GC § 4785-218; 113 v 307(408), § 218; Bureau of Code Revision, 10-1-53; 147 v S 116. Eff 12-9-97.
§ 3599.32. Violations by election official not otherwise specified.
No official upon whom a duty is imposed by an election law for the
violation of which no penalty is otherwise provided shall knowingly
disobey such election law.
Whoever violates this section is guilty of a misdemeanor of the first degree.
HISTORY: GC § 4785-222; 113 v 307(410), § 222; Bureau of Code Revision, 10-1-53; 147 v S 116. Eff 12-9-97.
§ 3599.33. Fraudulent writing on ballots or election records.
No person, from the time ballots are cast or counted until the time has
expired for using them as evidence in a recount or contest of election,
shall willfully and with fraudulent intent make any mark or alteration
on any ballot; or inscribe, write, or cause to be inscribed or written
in or upon a registration form or list, pollbook, tally sheet, or list,
lawfully made or kept at an election, or in or upon a book or paper
purporting to be such, or upon an election return, or upon a book or
paper containing such return the name of a person not entitled to vote
at such election or not voting thereat, or a fictitious name, or,
within such time, wrongfully change, alter, erase, or tamper with a
name, word, or figure contained in such pollbook, tally sheet, list,
book, or paper; or falsify, mark, or write thereon with intent to
defeat, hinder, or prevent a fair expression of the will of the people
at such election.
Whoever violates this section is guilty of a felony of the fifth degree.
HISTORY: GC § 4785-223; 113 v 307(410), § 223; Bureau of Code
Revision, 10-1-53; 139 v S 199 (Eff 1-1-83); 146 v S 2. Eff 7-1-96.
§ 3599.34. Destruction of election records before expiration of time for contest.
No person, from the time ballots are cast or voted until the time has
expired for using them in a recount or as evidence in a contest of
election, shall unlawfully destroy or attempt to destroy the ballots,
or permit such ballots or a ballot box or pollbook used at an election
to be destroyed; or destroy, falsify, mark, or write in a name on any
such ballot that has been voted.
Whoever violates this section is guilty of a felony of the fifth degree.
HISTORY: GC § 4785-224; 113 v 307(410), § 224; Bureau of Code
Revision, 10-1-53; 139 v S 199 (Eff 1-1-83); 146 v S 2. Eff 7-1-96.
§ 3599.35. Proxies not to be given by party representatives; impersonation of representatives.
No party committeeperson or party delegate or alternate chosen at an
election, or a delegate or alternate appointed to a convention provided
by law, shall give or issue a proxy or authority to another person to
act or vote in that person's stead.
No person shall knowingly or fraudulently act or vote or attempt to
impersonate, act, or vote in place of that committeeperson, delegate,
or alternate.
Whoever violates this section is guilty of a misdemeanor of the first degree.
HISTORY: GC § 4785-225; 113 v 307(410), § 225; Bureau of Code Revision, 10-1-53; 147 v S 116. Eff 12-9-97.
§ 3599.36. Election falsification.
No person, either orally or in writing, on oath lawfully administered
or in a statement made under penalty of election falsification, shall
knowingly state a falsehood as to a material matter relating to an
election in a proceeding before a court, tribunal, or election
official, or in a matter in relation to which an oath or statement
under penalty of election falsification is authorized by law, including
a statement required for verifying or filing any declaration of
candidacy, declaration of intent to be a write-in candidate, nominating
petition, or other petition presented to or filed with the secretary of
state, a board of elections, or any other public office for the purpose
of becoming a candidate for any elective office, including the office
of a political party, for the purpose of submitting a question or issue
to the electors at an election, or for the purpose of forming a
political party.
Whoever violates this section is guilty of election falsification, a felony of the fifth degree.
Every paper, card, or other document relating to any election matter
that calls for a statement to be made under penalty of election
falsification shall be accompanied by the following statement in bold
face capital letters: "Whoever commits election falsification is guilty
of a felony of the fifth degree."
HISTORY: GC § 4785-226; 113 v 307(411), § 226; Bureau of Code
Revision, 10-1-53; 128 v S 204 (Eff 8-28-59); 135 v S 429 (Eff
7-26-74); 135 v H 662 (Eff 9-27-74); 138 v H 1062 (Eff 3-23-81); 147 v
S 116. Eff 12-9-97.
§ 3599.37. Disobedience of subpoena concerning violation of election laws.
(A) No person having been subpoenaed or ordered to appear before
a grand jury, court, board, or officer in a proceeding or prosecution
upon a complaint, information, affidavit, or indictment for an offense
under an election law shall do either of the following:
(1) Fail to appear or, having appeared, refuse to answer a question pertinent to the matter under inquiry or investigation;
(2) Refuse to produce, upon reasonable notice, any material, books,
papers, documents, or records in that person's possession or under that
person's control.
(B) Whoever violates division (A) of this section, unless the
violator claims the violator's constitutional rights, is guilty of a
misdemeanor of the first degree.
HISTORY: GC § 4785-227; 113 v 307(411), § 227; 114 v
679(713); Bureau of Code Revision, 10-1-53; 147 v S 116. Eff 12-9-97.
§ 3599.38. Illegally influencing voters.
(A) No election official, witness, challenger, deputy sheriff,
special deputy sheriff, or police officer, while performing that
person's duties related to the casting of votes, shall do either of the
following:
(1) Wear any badge, sign, or other insignia or thing indicating that
person's preference for any candidate or for any question submitted at
an election;
(2) Influence or attempt to influence any voter to cast the voter's
ballot for or against any candidate or issue submitted at an election.
(B) Whoever violates division (A) of this section is guilty of a misdemeanor of the first degree.
HISTORY: GC § 4785-228; 113 v 307(411), § 228; Bureau of Code Revision, 10-1-53; 147 v S 116. Eff 12-9-97.
§ 3599.39. Second conviction under election laws.
Any person convicted of a violation of any provision of Title XXXV [35]
of the Revised Code, who is again convicted of a violation of any such
provision, whether such conviction is for the same offense or not, is
on such second conviction guilty of a felony of the fourth degree, and
in addition, shall be disfranchised.
HISTORY: GC § 4785-230; 113 v 307(412), § 230; Bureau of Code
Revision, 10-1-53; 126 v 575 (Eff 10-6-55); 147 v S 116. Eff 12-9-97.
§ 3599.40. General penalty.
Except as otherwise provided in section 3599.39 of the Revised Code,
whoever violates any provision of Title XXXV [35] of the Revised Code,
unless otherwise provided in such title, is guilty of a misdemeanor of
the first degree.
HISTORY: GC § 4785-232; 113 v 307(412), § 232; Bureau of Code
Revision, 10-1-53; 134 v H 511 (Eff 1-1-74); 147 v S 116. Eff 12-9-97.
§ 3599.41. Person violating election laws may testify against other violators.
A person violating any provision of Title XXXV [35] of the Revised Code
is a competent witness against another person so offending, and may
attend and testify at a trial, hearing, or investigation thereof.
HISTORY: GC § 4785-229; 113 v 307(411), § 229; 114 v 679(713); Bureau of Code Revision. Eff 10-1-53.
§ 3599.42. Prima-facie case of fraud.
A violation of any provision of Title XXXV [35] of the Revised Code
constitutes a prima-facie case of fraud within the purview of such
title.
HISTORY: GC § 4785-231; 113 v 307(412), § 231; Bureau of Code Revision. Eff 10-1-53.
§ 3599.43. Communications purporting to be from boards of elections; penalty.
No person, not authorized by a board of elections, shall send or
transmit to any other person any written or oral communication which
purports to be a communication from a board of elections, or which
reasonably construed appears to be a communication from such a board
and which was intended to be so construed.
Whoever violates this section shall be fined not less than one hundred
nor more than one thousand dollars or imprisoned not more than six
months or both.
HISTORY: 130 v 845. Eff 9-16-63.
§ 3599.44. Repealed.
Repealed, 135 v S 46, § 2 [133 v H 1040]. Eff 7-23-74.
§ 3599.45. Accepting contributions from medicaid providers prohibited.
(A) No candidate for the office of attorney general or county
prosecutor or such a candidate's campaign committee shall knowingly
accept any contribution from a provider of services or goods under
contract with the department of job and family services pursuant to the
medicaid program of Title XIX of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as amended, or from any person having an
ownership interest in the provider.
As used in this section "candidate," "campaign committee," and
"contribution" have the same meaning as in section 3517.01 of the
Revised Code.
(B) Whoever violates this section is guilty of a misdemeanor of the first degree.
HISTORY: 137 v S 159 (Eff 4-24-78); 141 v H 428 (Eff 12-23-86); 148 v H 471. Eff 7-1-2000.