Bill Text: OH SB362 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To extend the period for in-person absent voting and to specify the days and hours for in-person absent voting.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2014-09-11 - To State Government Oversight & Reform [SB362 Detail]

Download: Ohio-2013-SB362-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 362

Senators Kearney, Turner 

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

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A BILL

To amend sections 3509.01, 3509.03, 3511.02, and

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3511.10 of the Revised Code to extend the period

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for in-person absent voting and to specify the

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days and hours for in-person absent voting.

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

Section 1. That sections 3509.01, 3509.03, 3511.02, and	5
3511.10 of the Revised Code be amended to read as follows:	6

Sec. 3509.01. (A) The board of elections of each county shall	7
provide absent voter's ballots for use at every primary and	8
general election, or special election to be held on the day	9
specified by division (E) of section 3501.01 of the Revised Code	10
for the holding of a primary election, designated by the general	11
assembly for the purpose of submitting constitutional amendments	12
proposed by the general assembly to the voters of the state. Those	13
ballots shall be the same size, shall be printed on the same kind	14
of paper, and shall be in the same form as has been approved for	15
use at the election for which those ballots are to be voted;	16
except that, in counties using marking devices, ballot cards may	17
be used for absent voter's ballots, and those absent voters shall	18
be instructed to record the vote in the manner provided on the	19
ballot cards.	20

(B) The rotation of names of candidates and questions and	21
issues shall be substantially complied with on absent voter's	22
ballots, within the limitation of time allotted. Those ballots	23
shall be designated as "Absent Voter's Ballots." Except as	24
otherwise provided in division (D) of this section, those ballots	25
shall be printed and ready for use as follows:	26

(1) For overseas voters and absent uniformed services voters	27
eligible to vote under the Uniformed and Overseas Citizens	28
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	29
1973ff, et seq., as amended, ballots shall be printed and ready	30
for use other than in person on the forty-fifth day before the day	31
of the election.	32

(2) For all voters, other than overseas voters and absent	33
uniformed services voters, who are applying to vote absent voter's	34
ballots other than in person, ballots shall be printed and ready	35
for use on the firstthirty-fifth day after the close of voter	36
registration before the day of the election.	37

(3)(a) For all voters who are applying to vote absent voter's	38
ballots in person, ballots shall be printed and ready for use	39
beginning on the firstthirty-fifth day after the close of voter	40
registration before the day of the election and shall continue to	41
be available for use through two p.m. on the day before the day of	42
the election, according to the following minimum standards:	43

(i) During the first three weeks of in-person absent voting,	44
ballots shall be available from eight a.m. through five p.m.	45
Monday through Friday, except that ballots shall be available	46
until nine p.m. on the last day of voter registration for that	47
election;	48

(ii) Beginning on the third Monday before the day of the	49
election, ballots shall be available from eight a.m. through seven	50
p.m. Monday through Friday, from eight a.m. through five p.m. on	51
Saturday, and from twelve p.m. through eight p.m. on Sunday;	52

(iii) Beginning on the second Monday before the day of the	53
election, ballots shall be available from eight a.m. through nine	54
p.m. Monday through Friday, from eight a.m. through eight p.m. on	55
Saturday, and from twelve p.m. through eight p.m. on Sunday;	56

(iv) On the last Monday before the day of the election,	57
ballots shall be available from eight a.m. through two p.m.	58

(b) A board of elections may alter the hours that absent	59
voter's ballots are available for use in person under division	60
(B)(3)(a) of this section based on the individual facts and needs	61
of the electors in the applicable county by a vote of not less	62
than three members of the board. If a board alters the hours	63
specified in that division, all of the following shall apply:	64

(i) Ballots shall be available until nine p.m. on the last	65
day of voter registration for that election;	66

(ii) Ballots shall be available for a minimum of thirty hours	67
each week on weekdays throughout the thirty-five-day period, with	68
at least ten of those hours occurring after five p.m.;	69

(iii) Ballots shall be available for a minimum of eight hours	70
on a Saturday and a minimum of four hours on a Sunday within the	71
last two weekends before the day of the election;	72

(iv) Ballots shall be available from at least eight a.m.	73
through two p.m. on the day before the day of the election.	74

(c) If, at the time for the close of in-person absent voting	75
on a particular day, there are voters waiting in line to cast	76
their ballots, the in-person absent voting location shall be kept	77
open until such waiting voters have cast their absent voter's	78
ballots.	79

(C) Absent voter's ballots provided for use at a general or	80
primary election, or special election to be held on the day	81
specified by division (E) of section 3501.01 of the Revised Code	82
for the holding of a primary election, designated by the general	83
assembly for the purpose of submitting constitutional amendments	84
proposed by the general assembly to the voters of the state, shall	85
include only those questions, issues, and candidacies that have	86
been lawfully ordered submitted to the electors voting at that	87
election.	88

(D) If the laws governing the holding of a special election	89
on a day other than the day on which a primary or general election	90
is held make it impossible for absent voter's ballots to be	91
printed and ready for use by the deadlines established in division	92
(B) of this section, absent voter's ballots for those special	93
elections shall be ready for use as many days before the day of	94
the election as reasonably possible under the laws governing the	95
holding of that special election.	96

(E) A copy of the absent voter's ballots shall be forwarded	97
by the director of the board in each county to the secretary of	98
state at least twenty-five days before the election.	99

Sec. 3509.03.  Except as provided in division (B) of section	100
3509.08 of the Revised Code, any qualified elector desiring to	101
vote absent voter's ballots at an election shall make written	102
application for those ballots to the director of elections of the	103
county in which the elector's voting residence is located. The	104
application need not be in any particular form but shall contain	105
all of the following:	106

(A) The elector's name;

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(B) The elector's signature;

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(C) The address at which the elector is registered to vote;

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(D) The elector's date of birth;

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(E) One of the following:

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(1) The elector's driver's license number;

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(2) The last four digits of the elector's social security	113
number;	114

(3) A copy of the elector's current and valid photo	115
identification, a copy of a military identification, or a copy of	116
a current utility bill, bank statement, government check,	117
paycheck, or other government document, other than a notice of	118
voter registration mailed by a board of elections under section	119
3503.19 of the Revised Code, that shows the name and address of	120
the elector.	121

(F) A statement identifying the election for which absent	122
voter's ballots are requested;	123

(G) A statement that the person requesting the ballots is a	124
qualified elector;	125

(H) If the request is for primary election ballots, the	126
elector's party affiliation;	127

(I) If the elector desires ballots to be mailed to the	128
elector, the address to which those ballots shall be mailed.	129

Each application for absent voter's ballots shall be	130
delivered to the director not earlier than the first day of	131
January of the year of the elections for which the absent voter's	132
ballots are requested or not earlier than ninety days before the	133
day of the election at which the ballots are to be voted,	134
whichever is earlier, and not later than twelve noon of the third	135
day before the day of the election at which the ballots are to be	136
voted, or not later than six p.m. on the last Fridaythe close of	137
the time for in-person absent voting as determined under division	138
(B)(3) of section 3509.01 of the Revised Code before the day of	139
the election at which the ballots are to be voted if the	140
application is delivered in person to the office of the board.	141

A board of elections that mails an absent voter's ballot	142
application to an elector under this section shall not prepay the	143
return postage for that application.	144

Except as otherwise provided in this section and in sections	145
3505.24 and 3509.08 of the Revised Code, an election official	146
shall not fill out any portion of an application for absent	147
voter's ballots on behalf of an applicant. The secretary of state	148
or a board of elections may preprint only an applicant's name and	149
address on an application for absent voter's ballots before	150
mailing that application to the applicant.	151

Sec. 3511.02.  Notwithstanding any section of the Revised	152
Code to the contrary, whenever any person applies for registration	153
as a voter on a form adopted in accordance with federal	154
regulations relating to the "Uniformed and Overseas Citizens	155
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	156
this application shall be sufficient for voter registration and as	157
a request for an absent voter's ballot. Uniformed services or	158
overseas absent voter's ballots may be obtained by any person	159
meeting the requirements of section 3511.011 of the Revised Code	160
by applying electronically to the secretary of state or to the	161
board of elections of the county in which the person's voting	162
residence is located in accordance with section 3511.021 of the	163
Revised Code or by applying to the director of the board of	164
elections of the county in which the person's voting residence is	165
located, in one of the following ways:	166

(A) That person may make written application for those	167
ballots. The person may personally deliver the application to the	168
director or may mail it, send it by facsimile machine, send it by	169
electronic mail, send it through internet delivery if such	170
delivery is offered by the board of elections or the secretary of	171
state, or otherwise send it to the director. The application need	172
not be in any particular form but shall contain all of the	173
following information:	174

(1) The elector's name;

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(2) The elector's signature;

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(3) The address at which the elector is registered to vote;

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(4) The elector's date of birth;

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(5) One of the following:

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(a) The elector's driver's license number;

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(b) The last four digits of the elector's social security	181
number;	182

(c) A copy of the elector's current and valid photo	183
identification, a copy of a military identification, or a copy of	184
a current utility bill, bank statement, government check,	185
paycheck, or other government document, other than a notice of	186
voter registration mailed by a board of elections under section	187
3503.19 of the Revised Code, that shows the name and address of	188
the elector.	189

(6) A statement identifying the election for which absent	190
voter's ballots are requested;	191

(7) A statement that the person requesting the ballots is a	192
qualified elector;	193

(8) A statement that the elector is an absent uniformed	194
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	195

(9) A statement of the elector's length of residence in the	196
state immediately preceding the commencement of service,	197
immediately preceding the date of leaving to be with or near the	198
service member, or immediately preceding leaving the United	199
States, or a statement that the elector's parent or legal guardian	200
resided in this state long enough to establish residency for	201
voting purposes immediately preceding leaving the United States,	202
whichever is applicable;	203

(10) If the request is for primary election ballots, the	204
elector's party affiliation;	205

(11) If the elector desires ballots to be mailed to the	206
elector, the address to which those ballots shall be mailed;	207

(12) If the elector desires ballots to be sent to the elector	208
by facsimile machine, the telephone number to which they shall be	209
so sent;	210

(13) If the elector desires ballots to be sent to the elector	211
by electronic mail or, if offered by the board of elections or the	212
secretary of state, through internet delivery, the elector's	213
electronic mail address or other internet contact information.	214

(B) A voter or any relative of a voter listed in division (C)	215
of this section may use a single federal post card application to	216
apply for uniformed services or overseas absent voter's ballots	217
for use at the primary and general elections in a given year and	218
any special election to be held on the day in that year specified	219
by division (E) of section 3501.01 of the Revised Code for the	220
holding of a primary election, designated by the general assembly	221
for the purpose of submitting constitutional amendments proposed	222
by the general assembly to the voters of the state. A single	223
federal postcard application shall be processed by the board of	224
elections pursuant to section 3511.04 of the Revised Code the same	225
as if the voter had applied separately for uniformed services or	226
overseas absent voter's ballots for each election.	227

(C) Application to have uniformed services or overseas absent	228
voter's ballots mailed or sent by facsimile machine to such a	229
person may be made by the spouse, father, mother, father-in-law,	230
mother-in-law, grandfather, grandmother, brother or sister of the	231
whole blood or half blood, son, daughter, adopting parent, adopted	232
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle,	233
aunt, nephew, or niece of such a person. The application shall be	234
in writing upon a blank form furnished only by the director or on	235
a single federal post card as provided in division (B) of this	236
section. The form of the application shall be prescribed by the	237
secretary of state. The director shall furnish that blank form to	238
any of the relatives specified in this division desiring to make	239
the application, only upon the request of such a relative made in	240
person at the office of the board or upon the written request of	241
such a relative mailed to the office of the board. The	242
application, subscribed and sworn to by the applicant, shall	243
contain all of the following:	244

(1) The full name of the elector for whom ballots are	245
requested;	246

(2) A statement that the elector is an absent uniformed	247
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	248

(3) The address at which the elector is registered to vote;

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(4) A statement identifying the elector's length of residence	250
in the state immediately preceding the commencement of service,	251
immediately preceding the date of leaving to be with or near a	252
service member, or immediately preceding leaving the United	253
States, or a statement that the elector's parent or legal guardian	254
resided in this state long enough to establish residency for	255
voting purposes immediately preceding leaving the United States,	256
as the case may be;	257

(5) The elector's date of birth;

258

(6) One of the following:

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(a) The elector's driver's license number;

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(b) The last four digits of the elector's social security	261
number;	262

(c) A copy of the elector's current and valid photo	263
identification, a copy of a military identification, or a copy of	264
a current utility bill, bank statement, government check,	265
paycheck, or other government document, other than a notice of	266
voter registration mailed by a board of elections under section	267
3503.19 of the Revised Code, that shows the name and address of	268
the elector.	269

(7) A statement identifying the election for which absent	270
voter's ballots are requested;	271

(8) A statement that the person requesting the ballots is a	272
qualified elector;	273

(9) If the request is for primary election ballots, the	274
elector's party affiliation;	275

(10) A statement that the applicant bears a relationship to	276
the elector as specified in division (C) of this section;	277

(11) The address to which ballots shall be mailed, the	278
telephone number to which ballots shall be sent by facsimile	279
machine, the electronic mail address to which ballots shall be	280
sent by electronic mail, or, if internet delivery is offered by	281
the board of elections or the secretary of state, the internet	282
contact information to which ballots shall be sent through	283
internet delivery;	284

(12) The signature and address of the person making the	285
application.	286

Each application for uniformed services or overseas absent	287
voter's ballots shall be delivered to the director not earlier	288
than the first day of January of the year of the elections for	289
which the uniformed services or overseas absent voter's ballots	290
are requested or not earlier than ninety days before the day of	291
the election at which the ballots are to be voted, whichever is	292
earlier, and not later than twelve noon of the third day preceding	293
the day of the election, or not later than six p.m. on the last	294
Fridaythe close of the time for in-person absent voting as	295
determined under division (B)(3) of section 3509.01 of the Revised	296
Code before the day of the election at which those ballots are to	297
be voted if the application is delivered in person to the office	298
of the board.	299

(D) If the voter for whom the application is made is entitled	300
to vote for presidential and vice-presidential electors only, the	301
applicant shall submit to the director in addition to the	302
requirements of divisions (A), (B), and (C) of this section, a	303
statement to the effect that the voter is qualified to vote for	304
presidential and vice-presidential electors and for no other	305
offices.	306

(E) A board of elections that mails a federal post card	307
application or other absent voter's ballot application to an	308
elector under this section shall not prepay the return postage for	309
that application.	310

(F) Except as otherwise provided in this section and in	311
sections 3505.24 and 3509.08 of the Revised Code, an election	312
official shall not fill out any portion of a federal post card	313
application or other application for absent voter's ballots on	314
behalf of an applicant. The secretary of state or a board of	315
elections may preprint only an applicant's name and address on a	316
federal post card application or other application for absent	317
voter's ballots before mailing that application to the applicant.	318

Sec. 3511.10.  If, after the first day after the close of	319
voter registration before a general or primary election andduring	320
the time that absent voter's ballots may be cast in person before	321
the close of the polls on the day of thatan election, a valid	322
application for uniformed services or overseas absent voter's	323
ballots is delivered to the director of the board of elections at	324
the office of the board by a person making the application on the	325
person's own behalf, the director shall forthwith deliver to the	326
person all uniformed services or overseas absent voter's ballots	327
then ready for use, together with an identification envelope. The	328
person shall then immediately retire to a voting booth in the	329
office of the board, and mark the ballots. The person shall then	330
fold each ballot separately so as to conceal the person's markings	331
thereon, and deposit all of the ballots in the identification	332
envelope and securely seal it. Thereupon the person shall fill in	333
answers to the questions on the face of the identification	334
envelope, and by writing the person's usual signature in the	335
proper place thereon, the person shall declare under penalty of	336
election falsification that the answers to those questions are	337
true and correct to the best of that person's knowledge and	338
belief. The person shall then deliver the identification envelope	339
to the director. If thereafter, and before the third day preceding	340
such election, the board provides additional separate official	341
issue or special election ballots, as provided for in section	342
3511.04 of the Revised Code, the director shall promptly, and not	343
later than twelve noon of the third day preceding the day of	344
election, mail such additional ballots to such person at the	345
address specified by that person for that purpose. Except as	346
otherwise provided in sections 3505.24 and 3509.08 of the Revised	347
Code, an election official shall not fill out any portion of an	348
application for absent voter's ballots, an identification envelope	349
statement of voter, or an absent voter's ballot requested under	350
this section on behalf of an applicant.	351

In the event any person serving in the armed forces of the	352
United States is discharged after the closing date of	353
registration, and that person or that person's spouse, or both,	354
meets all the other qualifications set forth in section 3511.011	355
of the Revised Code, the person or spouse shall be permitted to	356
vote prior to the date of the election in the office of the board	357
in the person's or spouse's county, as set forth in this section.	358

Section 2.  That existing sections 3509.01, 3509.03, 3511.02,	359
and 3511.10 of the Revised Code are hereby repealed.	360

Section 3. Section 3509.01 of the Revised Code is presented	361
in this act as a composite of the section as amended by Am. S.B.	362
10, Am. Sub. S.B. 109, and Am. S.B. 238, all of the 130th General	363
Assembly. Section 3511.10 of the Revised Code is presented in this	364
act as a composite of the section as amended by both Sub. S.B. 205	365
and Am. S.B. 238 of the 130th General Assembly. The General	366
Assembly, applying the principle stated in division (B) of section	367
1.52 of the Revised Code that amendments are to be harmonized if	368
reasonably capable of simultaneous operation, finds that the	369
composites are the resulting versions of the sections in effect	370
prior to the effective date of the sections as presented in this	371
act.	372