Section 1. That sections 3501.01, 3503.10, 3503.11, 3503.14, | 18 |
3503.15, 3503.16, 3503.19, 3503.23, 3505.181, 3505.182, 3505.183, | 19 |
3509.03, 3511.02, 3513.05, 3513.18, 3513.19, 3513.191, 3513.192, | 20 |
3517.013, 3599.02, 3599.11, 3599.18, and 4507.06 of the Revised | 21 |
Code be amended to read as follows: | 22 |
(D) "Special election" means any election other than those | 33 |
elections defined in other divisions of this section. A special | 34 |
election may be held only on the first Tuesday after the first | 35 |
Monday in February, May, August, or November, or on the day | 36 |
authorized by a particular municipal or county charter for the | 37 |
holding of a primary election, except that in any year in which a | 38 |
presidential primary election is held, no special election shall | 39 |
be held in February or May, except as authorized by a municipal or | 40 |
county charter, but may be held on the first Tuesday after the | 41 |
first Monday in March. | 42 |
(E)(1) "Primary" or "primary election" means an election held | 43 |
for the purpose of nominating persons as candidates of political | 44 |
parties for election to offices, and for the purpose of electing | 45 |
persons as members of the controlling committees of political | 46 |
parties and as delegates and alternates to the conventions of | 47 |
political parties. Primary elections shall be held on the first | 48 |
Tuesday after the first Monday in May of each year except in years | 49 |
in which a presidential primary election is held. | 50 |
(2) "Presidential primary election" means a primary election | 51 |
as defined by division (E)(1) of this section at which an election | 52 |
is held for the purpose of choosing delegates and alternates to | 53 |
the national conventions of the major political parties pursuant | 54 |
to section 3513.12 of the Revised Code. Unless otherwise | 55 |
specified, presidential primary elections are included in | 56 |
references to primary elections. In years in which a presidential | 57 |
primary election is held, all primary elections shall be held on | 58 |
the first Tuesday after the first Monday in March except as | 59 |
otherwise authorized by a municipal or county charter. | 60 |
(3) "Minor political party" means any political party | 74 |
organized under the laws of this state whose candidate for | 75 |
governor or nominees for presidential electors received less than | 76 |
ten per cent but not less than five per cent of the total vote | 77 |
cast for such office at the most recent regular state election or | 78 |
which has filed with the secretary of state, subsequent to any | 79 |
election in which it received less than five per cent of such | 80 |
vote, a petition signed by qualified electors equal in number to | 81 |
at least one per cent of the total vote cast for such office in | 82 |
the last preceding regular state election, except that a newly | 83 |
formed political party shall be known as a minor political party | 84 |
until the time of the first election for governor or president | 85 |
which occurs not less than twelve months subsequent to the | 86 |
formation of such party, after which election the status of such | 87 |
party shall be determined by the vote for the office of governor | 88 |
or president. | 89 |
(H) "Candidate" means any qualified person certified in | 96 |
accordance with the provisions of the Revised Code for placement | 97 |
on the official ballot of a primary, general, or special election | 98 |
to be held in this state, or any qualified person who claims to be | 99 |
a write-in candidate, or who knowingly assents to being | 100 |
represented as a write-in candidate by another at either a | 101 |
primary, general, or special election to be held in this state. | 102 |
(J) "Nonpartisan candidate" means any candidate whose name is | 109 |
required, pursuant to section 3505.04 of the Revised Code, to be | 110 |
listed on the nonpartisan ballot, including all candidates for | 111 |
judicial office, for member of any board of education, for | 112 |
municipal or township offices in which primary elections are not | 113 |
held for nominating candidates by political parties, and for | 114 |
offices of municipal corporations having charters that provide for | 115 |
separate ballots for elections for these offices. | 116 |
(K) "Party candidate" means any candidate who claims to beis | 117 |
a member of a political party, whose name has been certified on | 118 |
the office-type ballot at a general or special election through | 119 |
the filing of a declaration of candidacy and petition of | 120 |
candidate, and who has won the primary election of the candidate's | 121 |
party for the public office the candidate seeks or is selected by | 122 |
party committee in accordance with section 3513.31 of the Revised | 123 |
Code. | 124 |
(L) "Officer of a political party" includes, but is not | 125 |
limited to, any member, elected or appointed, of a controlling | 126 |
committee, whether representing the territory of the state, a | 127 |
district therein, a county, township, a city, a ward, a precinct, | 128 |
or other territory, of a major, intermediate, or minor political | 129 |
party. | 130 |
(V) "Acknowledgment notice" means a notice sent by a board of | 166 |
elections, on a form prescribed by the secretary of state, | 167 |
informing a voter registration applicant or an applicant who | 168 |
wishes to change the applicant's residence or name of the status | 169 |
of the application; the information necessary to complete or | 170 |
update the application, if any; and if the application is | 171 |
complete, the precinct in which the applicant is to vote. | 172 |
(X) "Designated agency" means an office or agency in the | 177 |
state that provides public assistance or that provides | 178 |
state-funded programs primarily engaged in providing services to | 179 |
persons with disabilities and that is required by the National | 180 |
Voter Registration Act of 1993 to implement a program designed and | 181 |
administered by the secretary of state for registering voters, or | 182 |
any other public or government office or agency that implements a | 183 |
program designed and administered by the secretary of state for | 184 |
registering voters, including the department of job and family | 185 |
services, the program administered under section 3701.132 of the | 186 |
Revised Code by the department of health, the department of mental | 187 |
health and addiction services, the department of developmental | 188 |
disabilities, the opportunities for Ohioans with disabilities | 189 |
agency, and any other agency the secretary of state designates. | 190 |
"Designated agency" does not include public high schools and | 191 |
vocational schools, public libraries, or the office of a county | 192 |
treasurer. | 193 |
(2) It shows the current address of the individual to whom it | 204 |
was issued, which shall conform to the address in the poll list or | 205 |
signature pollbook, except for a driver's license or a state | 206 |
identification card issued under section 4507.50 of the Revised | 207 |
Code, which may show either the current or former address of the | 208 |
individual to whom it was issued, regardless of whether that | 209 |
address conforms to the address in the poll list or signature | 210 |
pollbook. | 211 |
Sec. 3503.10. (A) Each designated agency shall designate one | 217 |
person within that agency to serve as coordinator for the voter | 218 |
registration program within the agency and its departments, | 219 |
divisions, and programs. The designated person shall be trained | 220 |
under a program designed by the secretary of state and shall be | 221 |
responsible for administering all aspects of the voter | 222 |
registration program for that agency as prescribed by the | 223 |
secretary of state. The designated person shall receive no | 224 |
additional compensation for performing such duties. | 225 |
(1) The question, "Do you want to register to vote or update | 236 |
your current voter registration?"--followed by boxes for the | 237 |
applicant to indicate whether the applicant would like to register | 238 |
or decline to register to vote, and the statement, highlighted in | 239 |
bold print, "If you do not check either box, you will be | 240 |
considered to have decided not to register to vote at this time."; | 241 |
(4) The statement, "If you believe that someone has | 250 |
interfered with your right to register or to decline to register | 251 |
to vote, your right to privacy in deciding whether to register or | 252 |
in applying to register to vote, or your right to choose your own | 253 |
political party or other political preference, you may file a | 254 |
complaint with the prosecuting attorney of your county or with the | 255 |
secretary of state," with the address and telephone number for | 256 |
each such official's office. | 257 |
(2) Accept completed voter registration applications, voter | 270 |
registration change of residence forms, and voter registration | 271 |
change of name forms, and voter registration change of political | 272 |
party affiliation forms, regardless of whether the application or | 273 |
form was distributed by the designated agency, for transmittal to | 274 |
the office of the board of elections in the county in which the | 275 |
agency is located. Each designated agency and the appropriate | 276 |
board of elections shall establish a method by which the voter | 277 |
registration applications and other voter registration forms are | 278 |
transmitted to that board of elections within five days after | 279 |
being accepted by the agency. | 280 |
(2) That each person designated to assist with voter | 303 |
registration not seek to influence a person's decision to register | 304 |
or not register to vote, not display or demonstrate any political | 305 |
preference or party allegiance, and not make any statement to a | 306 |
person or take any action the purpose or effect of which is to | 307 |
lead a person to believe that a decision to register or not | 308 |
register has any bearing on the availability of services or | 309 |
benefits offered, on the grade in a particular class in school, or | 310 |
on credit for a particular class in school; | 311 |
(4) Distribute the statement, "applying to register or | 337 |
declining to register to vote, or registering as affiliated with a | 338 |
particular political party or registering to vote and remaining | 339 |
unaffiliated, will not affect or be a condition of your receiving | 340 |
a particular grade in or credit for a school course or class, | 341 |
participating in a curricular or extracurricular activity, | 342 |
receiving a benefit or privilege, or participating in a program or | 343 |
activity otherwise available to pupils enrolled in this school | 344 |
district's schools."; | 345 |
(H) Any person employed by the designated agency, public high | 350 |
school or vocational school, public library, or office of a county | 351 |
treasurer may be designated to assist with voter registration | 352 |
pursuant to this section. The designated agency, public high | 353 |
school or vocational school, public library, or office of a county | 354 |
treasurer shall provide the designated person, and make available | 355 |
such space as may be necessary, without charge to the county or | 356 |
state. | 357 |
(J) This section does not limit any authority a board of | 368 |
education, superintendent, or principal has to allow, sponsor, or | 369 |
promote voluntary election registration programs within a high | 370 |
school or vocational school, including programs in which pupils | 371 |
serve as persons designated to assist with voter registration, | 372 |
provided that no pupil is required to participate. | 373 |
Sec. 3503.11. When any person applies for a driver's | 384 |
license, commercial driver's license, a state of Ohio | 385 |
identification card issued under section 4507.50 of the Revised | 386 |
Code, or motorcycle operator's license or endorsement, or the | 387 |
renewal or duplicate of any license or endorsement under Chapter | 388 |
4506. or 4507. of the Revised Code, the registrar of motor | 389 |
vehicles or deputy registrar shall offer the applicant the | 390 |
opportunity to register to vote or to update the applicant's voter | 391 |
registration. The registrar of motor vehicles or deputy registrar | 392 |
also shall make available to all other customers voter | 393 |
registration applications and change of residence and, change of | 394 |
name, and change of political party affiliation forms, but is not | 395 |
required to offer assistance to these customers in completing a | 396 |
voter registration application or other form. | 397 |
The registrar shall collect from each deputy registrar | 404 |
through the reports filed under division (J) of section 4503.03 of | 405 |
the Revised Code and transmit to the secretary of state | 406 |
information on the number of voter registration applications and | 407 |
change of residence or, change of name, or change of political | 408 |
party affiliation forms completed or declined, and any additional | 409 |
information required by the secretary of state to comply with the | 410 |
National Voter Registration Act of 1993. No information relating | 411 |
to an applicant's decision to decline to register or update the | 412 |
applicant's voter registration at the office of the registrar or | 413 |
deputy registrar may be used for any purpose other than voter | 414 |
registration record-keeping required by the secretary of state, | 415 |
and all such information shall be kept confidential. | 416 |
The secretary of state shall prescribe voter registration | 417 |
applications and change of residence and, change of name, and | 418 |
change of political party affiliation forms for use by the bureau | 419 |
of motor vehicles. The bureau of motor vehicles shall supply all | 420 |
of its deputy registrars with a sufficient number of voter | 421 |
registration applications and change of residence and, change of | 422 |
name, and change of political party affiliation forms. | 423 |
(c) A copy of a current and valid photo identification, a | 438 |
copy of a military identification, or a copy of a current utility | 439 |
bill, bank statement, government check, paycheck, or other | 440 |
government document, other than a notice of voter registration | 441 |
mailed by a board of elections under section 3503.19 of the | 442 |
Revised Code, that shows the voter's name and address. | 443 |
The registration form shall include a list of the political | 445 |
parties that are recognized in this state at the time the form is | 446 |
printed, accompanied by boxes for the applicant to check to select | 447 |
a party with which the applicant wishes to be affiliated. The form | 448 |
also shall include a space for the applicant to write the name of | 449 |
a recognized political party that is not listed on the form, if | 450 |
the applicant wishes to be affiliated with that party, and a box | 451 |
for the applicant to check to indicate that the applicant does not | 452 |
wish to be affiliated with a political party. The form shall | 453 |
instruct the applicant to select or write the name of only one | 454 |
recognized political party and shall state that the applicant is | 455 |
not required to select a political party. If the applicant does | 456 |
not select or write the name of a recognized political party with | 457 |
which the applicant wishes to be affiliated, or if the applicant | 458 |
indicates that the applicant does not wish to be affiliated with a | 459 |
political party, the applicant, upon registration, shall not be | 460 |
affiliated with any political party. | 461 |
Except for forms prescribed by the secretary of state under | 467 |
section 3503.11 of the Revised Code, the secretary of state shall | 468 |
permit boards of elections to produce forms that have subdivided | 469 |
spaces for each individual alphanumeric character of the | 470 |
information provided by the voter so as to accommodate the | 471 |
electronic reading and conversion of the voter's information to | 472 |
data and the subsequent electronic transfer of that data to the | 473 |
statewide voter registration database established under section | 474 |
3503.15 of the Revised Code. | 475 |
(C) Except as provided in section 3501.382 of the Revised | 492 |
Code, any applicant who is unable to sign the applicant's own name | 493 |
shall make an "X," if possible, which shall be certified by the | 494 |
signing of the name of the applicant by the person filling out the | 495 |
form, who shall add the person's own signature. If an applicant is | 496 |
unable to make an "X," the applicant shall indicate in some manner | 497 |
that the applicant desires to register to vote or to change the | 498 |
applicant's name or, residence, or political party affiliation. | 499 |
The person registering the applicant shall sign the form and | 500 |
attest that the applicant indicated that the applicant desired to | 501 |
register to vote or to change the applicant's name or, residence, | 502 |
or political party affiliation. | 503 |
(2) The secretary of state shall establish, by rule adopted | 587 |
under Chapter 119. of the Revised Code, a process for boards of | 588 |
elections to notify the secretary of state of changes in the | 589 |
locations of precinct polling places for the purpose of updating | 590 |
the information made available on the secretary of state's web | 591 |
site under division (G)(1)(b) of this section. Those rules shall | 592 |
require a board of elections, during the thirty days before the | 593 |
day of a primary or general election, to notify the secretary of | 594 |
state within one business day of any change to the location of a | 595 |
precinct polling place within the county. | 596 |
Sec. 3503.16. (A) Whenever a registered elector changes the | 604 |
place of residence of that registered elector from one precinct to | 605 |
another within a county or from one county to another, or has a | 606 |
change of name, or wishes to change the elector's political party | 607 |
affiliation, that registered elector shall report the change by | 608 |
delivering a change of residence or, change of name, or change of | 609 |
political party affiliation form, whichever is appropriate, as | 610 |
prescribed by the secretary of state under section 3503.14 of the | 611 |
Revised Code to the state or local office of a designated agency, | 612 |
a public high school or vocational school, a public library, the | 613 |
office of the county treasurer, the office of the secretary of | 614 |
state, any office of the registrar or deputy registrar of motor | 615 |
vehicles, or any office of a board of elections in person or by a | 616 |
third person. Any voter registration, change of address, or change | 617 |
of name, or change of political party affiliation application, | 618 |
returned by mail, may be sent only to the secretary of state or | 619 |
the board of elections.
| 620 |
A registered elector also may update the registration of that | 621 |
registered elector by filing a change of residence or, change of | 622 |
name, or change of political party affiliation form on the day of | 623 |
a special, primary, or general election at the polling place in | 624 |
the precinct in which that registered elector resides or at the | 625 |
board of elections or at another site designated by the board. A | 626 |
registered elector may file a change of name or change of address | 627 |
form, but not a change of political party affiliation form, on the | 628 |
day of a primary election at those places. | 629 |
(B)(1)(a) Any registered elector who moves within a precinct | 630 |
on or prior to the day of a general, primary, or special election | 631 |
and has not filed a notice of change of residence with the board | 632 |
of elections may vote in that election by going to that registered | 633 |
elector's assigned polling place, completing and signing a notice | 634 |
of change of residence, showing identification in the form of a | 635 |
current and valid photo identification, a military identification, | 636 |
or a copy of a current utility bill, bank statement, government | 637 |
check, paycheck, or other government document, other than a notice | 638 |
of voter registration mailed by a board of elections under section | 639 |
3503.19 of the Revised Code, that shows the name and current | 640 |
address of the elector, and casting a ballot. If the elector | 641 |
provides either a driver's license or a state identification card | 642 |
issued under section 4507.50 of the Revised Code that does not | 643 |
contain the elector's current residence address, the elector shall | 644 |
provide the last four digits of the elector's driver's license | 645 |
number or state identification card number, and the precinct | 646 |
election official shall mark the poll list or signature pollbook | 647 |
to indicate that the elector has provided a driver's license or | 648 |
state identification card number with a former address and record | 649 |
the last four digits of the elector's driver's license number or | 650 |
state identification card number. | 651 |
(b) Any registered elector who changes the name of that | 652 |
registered elector and remains within a precinct on or prior to | 653 |
the day of a general, primary, or special election and has not | 654 |
filed a notice of change of name with the board of elections may | 655 |
vote in that election by going to that registered elector's | 656 |
assigned polling place, completing and signing a notice of a | 657 |
change of name, and casting a provisional ballot under section | 658 |
3505.181 of the Revised Code. | 659 |
(2) Any registered elector who moves from one precinct to | 660 |
another within a county or moves from one precinct to another and | 661 |
changes the name of that registered elector on or prior to the day | 662 |
of a general, primary, or special election and has not filed a | 663 |
notice of change of residence or change of name, whichever is | 664 |
appropriate, with the board of elections may vote in that election | 665 |
if that registered elector complies with division (G) of this | 666 |
section or does all of the following: | 667 |
(a) Appears at anytime during regular business hours on or | 668 |
after the twenty-eighth day prior to the election in which that | 669 |
registered elector wishes to vote or, if the election is held on | 670 |
the day of a presidential primary election, the twenty-fifth day | 671 |
prior to the election, through noon of the Saturday prior to the | 672 |
election at the office of the board of elections, appears at any | 673 |
time during regular business hours on the Monday prior to the | 674 |
election at the office of the board of elections, or appears on | 675 |
the day of the election at either of the following locations: | 676 |
(b) Completes and signs, under penalty of election | 684 |
falsification, a notice of change of residence or change of name, | 685 |
whichever is appropriate, and files it with election officials at | 686 |
the polling place, at the office of the board of elections, or, if | 687 |
pursuant to division (C) of section 3501.10 of the Revised Code | 688 |
the board has designated another location in the county at which | 689 |
registered electors may vote, at that other location instead of | 690 |
the office of the board of elections, whichever is appropriate; | 691 |
(c) Votes a provisional ballot under section 3505.181 of the | 692 |
Revised Code at the polling place, at the office of the board of | 693 |
elections, or, if pursuant to division (C) of section 3501.10 of | 694 |
the Revised Code the board has designated another location in the | 695 |
county at which registered electors may vote, at that other | 696 |
location instead of the office of the board of elections, | 697 |
whichever is appropriate, using the address to which that | 698 |
registered elector has moved or the name of that registered | 699 |
elector as changed, whichever is appropriate; | 700 |
(d) Completes and signs, under penalty of election | 701 |
falsification, a statement attesting that that registered elector | 702 |
moved or had a change of name, whichever is appropriate, on or | 703 |
prior to the day of the election, has voted a provisional ballot | 704 |
at the polling place in the precinct in which that registered | 705 |
elector resides, at the office of the board of elections, or, if | 706 |
pursuant to division (C) of section 3501.10 of the Revised Code | 707 |
the board has designated another location in the county at which | 708 |
registered electors may vote, at that other location instead of | 709 |
the office of the board of elections, whichever is appropriate, | 710 |
and will not vote or attempt to vote at any other location for | 711 |
that particular election. The statement required under division | 712 |
(B)(2)(d) of this section shall be included on the notice of | 713 |
change of residence or change of name, whichever is appropriate, | 714 |
required under division (B)(2)(b) of this section. | 715 |
(1) Appears at any time during regular business hours on or | 722 |
after the twenty-eighth day prior to the election in which that | 723 |
registered elector wishes to vote or, if the election is held on | 724 |
the day of a presidential primary election, the twenty-fifth day | 725 |
prior to the election, through noon of the Saturday prior to the | 726 |
election at the office of the board of elections or, if pursuant | 727 |
to division (C) of section 3501.10 of the Revised Code the board | 728 |
has designated another location in the county at which registered | 729 |
electors may vote, at that other location instead of the office of | 730 |
the board of elections, appears during regular business hours on | 731 |
the Monday prior to the election at the office of the board of | 732 |
elections or, if pursuant to division (C) of section 3501.10 of | 733 |
the Revised Code the board has designated another location in the | 734 |
county at which registered electors may vote, at that other | 735 |
location instead of the office of the board of elections, or | 736 |
appears on the day of the election at the office of the board of | 737 |
elections or, if pursuant to division (C) of section 3501.10 of | 738 |
the Revised Code the board has designated another location in the | 739 |
county at which registered electors may vote, at that other | 740 |
location instead of the office of the board of elections; | 741 |
(3) Votes a provisional ballot under section 3505.181 of the | 749 |
Revised Code at the office of the board of elections or, if | 750 |
pursuant to division (C) of section 3501.10 of the Revised Code | 751 |
the board has designated another location in the county at which | 752 |
registered electors may vote, at that other location instead of | 753 |
the office of the board of elections, using the address to which | 754 |
that registered elector has moved; | 755 |
(4) Completes and signs, under penalty of election | 756 |
falsification, a statement attesting that that registered elector | 757 |
has moved from one county to another county within the state on or | 758 |
prior to the day of the election, has voted at the office of the | 759 |
board of elections or, if pursuant to division (C) of section | 760 |
3501.10 of the Revised Code the board has designated another | 761 |
location in the county at which registered electors may vote, at | 762 |
that other location instead of the office of the board of | 763 |
elections, and will not vote or attempt to vote at any other | 764 |
location for that particular election. The statement required | 765 |
under division (C)(4) of this section shall be included on the | 766 |
notice of change of residence required under division (C)(2) of | 767 |
this section. | 768 |
(D) A person who votes by absent voter's ballots pursuant to | 769 |
division (G) of this section shall not make written application | 770 |
for the ballots pursuant to Chapter 3509. of the Revised Code. | 771 |
Ballots cast pursuant to division (G) of this section shall be set | 772 |
aside in a special envelope and counted during the official | 773 |
canvass of votes in the manner provided for in sections 3505.32 | 774 |
and 3509.06 of the Revised Code insofar as that manner is | 775 |
applicable. The board shall examine the pollbooks to verify that | 776 |
no ballot was cast at the polls or by absent voter's ballots under | 777 |
Chapter 3509. or 3511. of the Revised Code by an elector who has | 778 |
voted by absent voter's ballots pursuant to division (G) of this | 779 |
section. Any ballot determined to be insufficient for any of the | 780 |
reasons stated above or stated in section 3509.07 of the Revised | 781 |
Code shall not be counted. | 782 |
(E) Upon receiving a change of residence or, change of name, | 787 |
or change of political party affiliation form, the board of | 788 |
elections shall immediately send the registrant an acknowledgment | 789 |
notice. If the change of residence or, change of name, or change | 790 |
of political party affiliation form is valid, the board shall | 791 |
update the voter's registration as appropriate. If that form is | 792 |
incomplete, the board shall inform the registrant in the | 793 |
acknowledgment notice specified in this division of the | 794 |
information necessary to complete or update that registrant's | 795 |
registration. | 796 |
(F) ChangeExcept as otherwise provided in this division, | 797 |
change of residence and, change of name, and change of political | 798 |
party affiliation forms shall be available at each polling place, | 799 |
and when these forms are completed, noting changes of residence | 800 |
or, name, or political party affiliation, as appropriate, they | 801 |
shall be filed with election officials at the polling place. | 802 |
Change of political party affiliation forms shall not be available | 803 |
at polling places on the day of a primary election. Election | 804 |
officials shall return completed forms, together with the | 805 |
pollbooks and tally sheets, to the board of elections. | 806 |
The board of elections shall provide change of residence and, | 807 |
change of name, and change of political party affiliation forms to | 808 |
the probate court and court of common pleas. The court shall | 809 |
provide the forms to any person eighteen years of age or older who | 810 |
has a change of name by order of the court or who applies for a | 811 |
marriage license. The court shall forward all completed forms to | 812 |
the board of elections within five days after receiving them. | 813 |
(G) A registered elector who otherwise would qualify to vote | 814 |
under division (B) or (C) of this section but is unable to appear | 815 |
at the office of the board of elections or, if pursuant to | 816 |
division (C) of section 3501.10 of the Revised Code the board has | 817 |
designated another location in the county at which registered | 818 |
electors may vote, at that other location, on account of personal | 819 |
illness, physical disability, or infirmity, may vote on the day of | 820 |
the election if that registered elector does all of the following: | 821 |
(1) Makes a written application that includes all of the | 822 |
information required under section 3509.03 of the Revised Code to | 823 |
the appropriate board for an absent voter's ballot on or after the | 824 |
twenty-seventh day prior to the election in which the registered | 825 |
elector wishes to vote through noon of the Saturday prior to that | 826 |
election and requests that the absent voter's ballot be sent to | 827 |
the address to which the registered elector has moved if the | 828 |
registered elector has moved, or to the address of that registered | 829 |
elector who has not moved but has had a change of name; | 830 |
(2) Declares that the registered elector has moved or had a | 831 |
change of name, whichever is appropriate, and otherwise is | 832 |
qualified to vote under the circumstances described in division | 833 |
(B) or (C) of this section, whichever is appropriate, but that the | 834 |
registered elector is unable to appear at the board of elections | 835 |
because of personal illness, physical disability, or infirmity; | 836 |
(4) Completes and signs, under penalty of election | 841 |
falsification, a statement attesting that the registered elector | 842 |
has moved or had a change of name on or prior to the day before | 843 |
the election, has voted by absent voter's ballot because of | 844 |
personal illness, physical disability, or infirmity that prevented | 845 |
the registered elector from appearing at the board of elections, | 846 |
and will not vote or attempt to vote at any other location or by | 847 |
absent voter's ballot mailed to any other location or address for | 848 |
that particular election. | 849 |
Sec. 3503.19. (A) Persons qualified to register or to change | 850 |
their registration because of a change of address or, change of | 851 |
name, or change of political party affiliation may register or | 852 |
change their registration in person at any state or local office | 853 |
of a designated agency, at the office of the registrar or any | 854 |
deputy registrar of motor vehicles, at a public high school or | 855 |
vocational school, at a public library, at the office of a county | 856 |
treasurer, or at a branch office established by the board of | 857 |
elections, or in person, through another person, or by mail at the | 858 |
office of the secretary of state or at the office of a board of | 859 |
elections. A registered elector may also change the elector's | 860 |
registration on election day at any polling place where the | 861 |
elector is eligible to vote, in the manner provided under section | 862 |
3503.16 of the Revised Code, except that a registered elector may | 863 |
not change the elector's political party affiliation on the day of | 864 |
a primary election. | 865 |
Any state or local office of a designated agency, the office | 866 |
of the registrar or any deputy registrar of motor vehicles, a | 867 |
public high school or vocational school, a public library, or the | 868 |
office of a county treasurer shall transmit any voter registration | 869 |
application or change of registration form that it receives to the | 870 |
board of elections of the county in which the state or local | 871 |
office is located, within five days after receiving the voter | 872 |
registration application or change of registration form. | 873 |
An otherwise valid voter registration application that is | 874 |
returned to the appropriate office other than by mail must be | 875 |
received by a state or local office of a designated agency, the | 876 |
office of the registrar or any deputy registrar of motor vehicles, | 877 |
a public high school or vocational school, a public library, the | 878 |
office of a county treasurer, the office of the secretary of | 879 |
state, or the office of a board of elections no later than the | 880 |
thirtieth day preceding a primary, special, or general election | 881 |
for the person to qualify as an elector eligible to vote at that | 882 |
election. An otherwise valid registration application received | 883 |
after that day entitles the elector to vote at all subsequent | 884 |
elections. | 885 |
An otherwise valid application to change a registered | 886 |
elector's political party affiliation that is returned to the | 887 |
appropriate office other than by mail must be received by a state | 888 |
or local office of a designated agency, the office of the | 889 |
registrar or any deputy registrar of motor vehicles, a public high | 890 |
school or vocational school, a public library, the office of a | 891 |
county treasurer, the office of the secretary of state, or the | 892 |
office of a board of elections not later than the thirtieth day | 893 |
preceding a primary election for the elector to qualify as | 894 |
affiliated with the elector's new political party for the purpose | 895 |
of voting at the party's primary election. An otherwise valid | 896 |
change of political party affiliation form received after that day | 897 |
entitles the elector to vote at the elector's new political | 898 |
party's subsequent primary elections. | 899 |
Any state or local office of a designated agency, the office | 900 |
of the registrar or any deputy registrar of motor vehicles, a | 901 |
public high school or vocational school, a public library, or the | 902 |
office of a county treasurer shall date stamp a registration | 903 |
application or change of name or, change of address, or change of | 904 |
political party affiliation form it receives using a date stamp | 905 |
that does not disclose the identity of the state or local office | 906 |
that receives the registration. | 907 |
Voter registration applications, if otherwise valid, that are | 908 |
returned by mail to the office of the secretary of state or to the | 909 |
office of a board of elections must be postmarked no later than | 910 |
the thirtieth day preceding a primary, special, or general | 911 |
election in order for the person to qualify as an elector eligible | 912 |
to vote at that election. If an otherwise valid voter registration | 913 |
application that is returned by mail does not bear a postmark or a | 914 |
legible postmark, the registration shall be valid for that | 915 |
election if received by the office of the secretary of state or | 916 |
the office of a board of elections no later than twenty-five days | 917 |
preceding any special, primary, or general election. | 918 |
An otherwise valid application to change a registered | 919 |
elector's political party affiliation that is returned by mail to | 920 |
the office of the secretary of state or to the office of a board | 921 |
of elections must be postmarked not later than the thirtieth day | 922 |
preceding a primary election for the elector to qualify as | 923 |
affiliated with the elector's new political party for the purpose | 924 |
of voting at the party's primary election. If an otherwise valid | 925 |
application to change a registered elector's political party | 926 |
affiliation that is returned by mail does not bear a postmark or a | 927 |
legible postmark, the application shall be valid for that primary | 928 |
election if received by the office of the secretary of state or | 929 |
the office of a board of elections not later than twenty-five days | 930 |
preceding the primary election. | 931 |
(B)(1) Any person may apply in person, by telephone, by mail, | 932 |
or through another person for voter registration forms to the | 933 |
office of the secretary of state or the office of a board of | 934 |
elections. An individual who is eligible to vote as a uniformed | 935 |
services voter or an overseas voter in accordance with 42 U.S.C. | 936 |
1973ff-6 also may apply for voter registration forms by electronic | 937 |
means to the office of the secretary of state or to the board of | 938 |
elections of the county in which the person's voting residence is | 939 |
located pursuant to section 3503.191 of the Revised Code. | 940 |
(2)(a) An applicant may return the applicant's completed | 941 |
registration form in person or by mail to any state or local | 942 |
office of a designated agency, to a public high school or | 943 |
vocational school, to a public library, to the office of a county | 944 |
treasurer, to the office of the secretary of state, or to the | 945 |
office of a board of elections. An applicant who is eligible to | 946 |
vote as a uniformed services voter or an overseas voter in | 947 |
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's | 948 |
completed voter registration form electronically to the office of | 949 |
the secretary of state or to the board of elections of the county | 950 |
in which the person's voting residence is located pursuant to | 951 |
section 3503.191 of the Revised Code. | 952 |
(d) If a board of elections or the office of the secretary of | 961 |
state receives a registration form under division (B)(2)(b) or (c) | 962 |
of this section before the thirtieth day before an election, the | 963 |
board or the office of the secretary of state, as applicable, | 964 |
shall forward the registration to the board of elections of the | 965 |
county in which the applicant is seeking to register to vote | 966 |
within ten days after receiving the application. If a board of | 967 |
elections or the office of the secretary of state receives a | 968 |
registration form under division (B)(2)(b) or (c) of this section | 969 |
on or after the thirtieth day before an election, the board or the | 970 |
office of the secretary of state, as applicable, shall forward the | 971 |
registration to the board of elections of the county in which the | 972 |
applicant is seeking to register to vote within thirty days after | 973 |
that election. | 974 |
"Voters must bring identification to the polls in order to | 987 |
verify identity. Identification may include a current and valid | 988 |
photo identification, a military identification, or a copy of a | 989 |
current utility bill, bank statement, government check, paycheck, | 990 |
or other government document, other than this notification, that | 991 |
shows the voter's name and current address. Voters who do not | 992 |
provide one of these documents will still be able to vote by | 993 |
casting a provisional ballot. Voters who do not have any of the | 994 |
above forms of identification, including a social security number, | 995 |
will still be able to vote by signing an affirmation swearing to | 996 |
the voter's identity under penalty of election falsification and | 997 |
by casting a provisional ballot." | 998 |
At the first election at which a voter whose name has been so | 1008 |
marked appears to vote, the voter shall be required to provide | 1009 |
identification to the election officials and to vote by | 1010 |
provisional ballot under section 3505.181 of the Revised Code. If | 1011 |
the provisional ballot is counted pursuant to division (B)(3) of | 1012 |
section 3505.183 of the Revised Code, the board shall correct that | 1013 |
voter's registration, if needed, and shall remove the indication | 1014 |
that the voter's notification was returned from that voter's name | 1015 |
on the official registration list and on the poll list or | 1016 |
signature pollbook. If the provisional ballot is not counted | 1017 |
pursuant to division (B)(4)(a)(i), (v), or (vi), or (vii) of | 1018 |
section 3505.183 of the Revised Code, the voter's registration | 1019 |
shall be canceled. The board shall notify the voter by United | 1020 |
States mail of the cancellation. | 1021 |
(3) If a notice of the disposition of an otherwise valid | 1022 |
registration application is sent by nonforwardable mail and is | 1023 |
returned undelivered, the person shall be registered as provided | 1024 |
in division (C)(2) of this section and sent a confirmation notice | 1025 |
by forwardable mail. If the person fails to respond to the | 1026 |
confirmation notice, update the person's registration, or vote by | 1027 |
provisional ballot as provided in division (C)(2) of this section | 1028 |
in any election during the period of two federal elections | 1029 |
subsequent to the mailing of the confirmation notice, the person's | 1030 |
registration shall be canceled. | 1031 |
Sec. 3503.23. (A) Fourteen days before an election, the | 1032 |
board of elections shall cause to be prepared from the statewide | 1033 |
voter registration database established under section 3503.15 of | 1034 |
the Revised Code a complete and official registration list for | 1035 |
each precinct, containing the names, addresses, and political | 1036 |
party whose ballot the elector voted in the most recent primary | 1037 |
election within the current year and the immediately preceding two | 1038 |
calendar years,affiliations of all qualified registered voters in | 1039 |
the precinct. All | 1040 |
An elector's political party affiliation shall be determined | 1041 |
based on the elector's registration form or most recent change of | 1042 |
political party affiliation form. If the elector was registered | 1043 |
before the effective date of this amendment, the elector's | 1044 |
registration form shall be deemed to indicate an affiliation with | 1045 |
the political party whose ballot the elector voted at the most | 1046 |
recent primary election within the year of that effective date and | 1047 |
the immediately preceding two calendar years. | 1048 |
Appended to each precinct list shall be attached the names of | 1055 |
the members of the board and the name of the director. A | 1056 |
sufficient number of such lists shall be provided for distribution | 1057 |
to the candidates, political parties, or organized groups that | 1058 |
apply for them. The board shall have each precinct list available | 1059 |
at the board for viewing by the public during normal business | 1060 |
hours. The board shall ensure that, by the opening of the polls on | 1061 |
the day of a general or primary election, each precinct has a | 1062 |
paper copy of the registration list of voters in that precinct. | 1063 |
(4) An individual who does not have any of the forms of | 1099 |
identification required under division (A)(1) of section 3505.18 | 1100 |
of the Revised Code, who cannot provide the last four digits of | 1101 |
the individual's social security number under division (A)(2) of | 1102 |
that section because the individual does not have a social | 1103 |
security number, and who has executed an affirmation as permitted | 1104 |
under division (A)(4) of that section; | 1105 |
(12) An individual who does not have any of the forms of | 1142 |
identification required under division (A)(1) of section 3505.18 | 1143 |
of the Revised Code, who cannot provide the last four digits of | 1144 |
the individual's social security number under division (A)(2) of | 1145 |
that section because the person does not have a social security | 1146 |
number, and who declines to execute an affirmation as permitted | 1147 |
under division (A)(4) of that section; | 1148 |
(5)(a) At the time that an individual casts a provisional | 1181 |
ballot, the appropriate local election official shall give the | 1182 |
individual written information that states that any individual who | 1183 |
casts a provisional ballot will be able to ascertain under the | 1184 |
system established under division (B)(5)(b) of this section | 1185 |
whether the vote was counted, and, if the vote was not counted, | 1186 |
the reason that the vote was not counted. | 1187 |
(b) The appropriate state or local election official shall | 1188 |
establish a free access system, in the form of a toll-free | 1189 |
telephone number, that any individual who casts a provisional | 1190 |
ballot may access to discover whether the vote of that individual | 1191 |
was counted, and, if the vote was not counted, the reason that the | 1192 |
vote was not counted. The free access system established under | 1193 |
this division also shall provide to an individual whose | 1194 |
provisional ballot was not counted information explaining how that | 1195 |
individual may contact the board of elections to register to vote | 1196 |
or to resolve problems with the individual's voter registration. | 1197 |
The appropriate state or local election official shall | 1198 |
establish and maintain reasonable procedures necessary to protect | 1199 |
the security, confidentiality, and integrity of personal | 1200 |
information collected, stored, or otherwise used by the free | 1201 |
access system established under this division. Access to | 1202 |
information about an individual ballot shall be restricted to the | 1203 |
individual who cast the ballot. | 1204 |
(6) If, at the time that an individual casts a provisional | 1205 |
ballot, the individual provides identification in the form of a | 1206 |
current and valid photo identification, a military identification, | 1207 |
or a copy of a current utility bill, bank statement, government | 1208 |
check, paycheck, or other government document, other than a notice | 1209 |
of voter registration mailed by a board of elections under section | 1210 |
3503.19 of the Revised Code, that shows the individual's name and | 1211 |
current address, or provides the last four digits of the | 1212 |
individual's social security number, or executes an affirmation | 1213 |
that the elector does not have any of those forms of | 1214 |
identification or the last four digits of the individual's social | 1215 |
security number because the individual does not have a social | 1216 |
security number, or declines to execute such an affirmation, the | 1217 |
appropriate local election official shall record the type of | 1218 |
identification provided, the social security number information, | 1219 |
the fact that the affirmation was executed, or the fact that the | 1220 |
individual declined to execute such an affirmation and include | 1221 |
that information with the transmission of the ballot or voter or | 1222 |
address information under division (B)(3) of this section. If the | 1223 |
individual declines to execute such an affirmation, the | 1224 |
appropriate local election official shall record the individual's | 1225 |
name and include that information with the transmission of the | 1226 |
ballot under division (B)(3) of this section. | 1227 |
(7) If an individual casts a provisional ballot pursuant to | 1228 |
division (A)(3), (7), (8), (12), or (13) of this section, the | 1229 |
election official shall indicate, on the provisional ballot | 1230 |
verification statement required under section 3505.182 of the | 1231 |
Revised Code, that the individual is required to provide | 1232 |
additional information to the board of elections or that an | 1233 |
application or challenge hearing has been postponed with respect | 1234 |
to the individual, such that additional information is required | 1235 |
for the board of elections to determine the eligibility of the | 1236 |
individual who cast the provisional ballot. | 1237 |
(i) Provide to the board of elections proof of the | 1248 |
individual's identity in the form of a current and valid photo | 1249 |
identification, a military identification, or a copy of a current | 1250 |
utility bill, bank statement, government check, paycheck, or other | 1251 |
government document, other than a notice of voter registration | 1252 |
mailed by a board of elections under section 3503.19 of the | 1253 |
Revised Code, that shows the individual's name and current | 1254 |
address; | 1255 |
(C)(1) If an individual declares that the individual is | 1269 |
eligible to vote in a jurisdiction other than the jurisdiction in | 1270 |
which the individual desires to vote, or if, upon review of the | 1271 |
precinct voting location guide using the residential street | 1272 |
address provided by the individual, an election official at the | 1273 |
polling place at which the individual desires to vote determines | 1274 |
that the individual is not eligible to vote in that jurisdiction, | 1275 |
the election official shall direct the individual to the polling | 1276 |
place for the jurisdiction in which the individual appears to be | 1277 |
eligible to vote, explain that the individual may cast a | 1278 |
provisional ballot at the current location but the ballot will not | 1279 |
be counted if it is cast in the wrong precinct, and provide the | 1280 |
telephone number of the board of elections in case the individual | 1281 |
has additional questions. | 1282 |
(F) Nothing in this section or section 3505.183 of the | 1332 |
Revised Code is in derogation of section 3505.24 of the Revised | 1333 |
Code, which permits a blind, disabled, or illiterate elector to | 1334 |
receive assistance in the marking of the elector's ballot by two | 1335 |
precinct election officials of different political parties. A | 1336 |
blind, disabled, or illiterate elector may receive assistance in | 1337 |
marking that elector's provisional ballot and in completing the | 1338 |
required affirmation in the same manner as an elector may receive | 1339 |
assistance on the day of an election under that section. | 1340 |
I, .................... (Name of provisional voter), solemnly | 1348 |
swear or affirm that I am a registered voter in the jurisdiction | 1349 |
in which I am voting this provisional ballot and that I am | 1350 |
eligible to vote in the election in which I am voting this | 1351 |
provisional ballot.
If this election is a primary election, I | 1352 |
swear or affirm that I am registered as affiliated with the | 1353 |
political party whose ballot I am voting. | 1354 |
I understand that, if the above-provided information is not | 1355 |
fully completed and correct, if the board of elections determines | 1356 |
that I am not registered to vote, a resident of this precinct, or | 1357 |
eligible to vote in this election, or, if applicable, registered | 1358 |
as affiliated with the political party whose primary election | 1359 |
ballot I have voted, or if the board of elections determines that | 1360 |
I have already voted in this election, my provisional ballot will | 1361 |
not be counted. I further understand that knowingly providing | 1362 |
false information is a violation of law and subjects me to | 1363 |
possible criminal prosecution. | 1364 |
...... The provisional voter provided a military | 1410 |
identification or a copy of a current utility bill, bank | 1411 |
statement, government check, paycheck, or other government | 1412 |
document, other than a notice of voter registration mailed by a | 1413 |
board of elections under section 3503.19 of the Revised Code, with | 1414 |
the voter's name and current address. | 1415 |
...... The provisional voter is not able to provide a current | 1418 |
and valid photo identification, a military identification, or a | 1419 |
copy of a current utility bill, bank statement, government check, | 1420 |
paycheck, or other government document, other than a notice of | 1421 |
voter registration mailed by a board of elections under section | 1422 |
3503.19 of the Revised Code, with the voter's name and current | 1423 |
address but does have one of these forms of identification. The | 1424 |
provisional voter must provide one of the foregoing items of | 1425 |
identification to the board of elections within ten days after the | 1426 |
election. | 1427 |
..... The provisional voter is not able to provide a current | 1428 |
and valid photo identification, a military identification, or a | 1429 |
copy of a current utility bill, bank statement, government check, | 1430 |
paycheck, or other government document, other than a notice of | 1431 |
voter registration mailed by a board of elections under section | 1432 |
3503.19 of the Revised Code, with the voter's name and current | 1433 |
address but does have one of these forms of identification. | 1434 |
Additionally, the provisional voter does have a social security | 1435 |
number but is not able to provide the last four digits of the | 1436 |
voter's social security number before voting. The provisional | 1437 |
voter must provide one of the foregoing items of identification or | 1438 |
the last four digits of the voter's social security number to the | 1439 |
board of elections within ten days after the election. | 1440 |
..... The provisional voter does not have a current and valid | 1441 |
photo identification, a military identification, a copy of a | 1442 |
current utility bill, bank statement, government check, paycheck, | 1443 |
or other government document with the voter's name and current | 1444 |
address, or a social security number, but has executed an | 1445 |
affirmation. | 1446 |
..... The provisional voter does not have a current and valid | 1447 |
photo identification, a military identification, a copy of a | 1448 |
current utility bill, bank statement, government check, paycheck, | 1449 |
or other government document with the voter's name and current | 1450 |
address, or a social security number, and has declined to execute | 1451 |
an affirmation. | 1452 |
..... The provisional voter declined to provide a current and | 1453 |
valid photo identification, a military identification, a copy of a | 1454 |
current utility bill, bank statement, government check, paycheck, | 1455 |
or other government document with the voter's name and current | 1456 |
address, or the last four digits of the voter's social security | 1457 |
number but does have one of these forms of identification or a | 1458 |
social security number. The provisional voter must provide one of | 1459 |
the foregoing items of identification or the last four digits of | 1460 |
the voter's social security number to the board of elections | 1461 |
within ten days after the election. | 1462 |
Sec. 3505.183. (A) When the ballot boxes are delivered to | 1474 |
the board of elections from the precincts, the board shall | 1475 |
separate the provisional ballot envelopes from the rest of the | 1476 |
ballots. Teams of employees of the board consisting of one member | 1477 |
of each major political party shall place the sealed provisional | 1478 |
ballot envelopes in a secure location within the office of the | 1479 |
board. The sealed provisional ballot envelopes shall remain in | 1480 |
that secure location until the validity of those ballots is | 1481 |
determined under division (B) of this section. While the | 1482 |
provisional ballot is stored in that secure location, and prior to | 1483 |
the counting of the provisional ballots, if the board receives | 1484 |
information regarding the validity of a specific provisional | 1485 |
ballot under division (B) of this section, the board may note, on | 1486 |
the sealed provisional ballot envelope for that ballot, whether | 1487 |
the ballot is valid and entitled to be counted. | 1488 |
(B)(1) To determine whether a provisional ballot is valid and | 1489 |
entitled to be counted, the board shall examine its records and | 1490 |
determine whether the individual who cast the provisional ballot | 1491 |
is registered and eligible to vote in the applicable election and, | 1492 |
if the election is a primary election, whether the individual who | 1493 |
cast the provisional ballot is registered as affiliated with the | 1494 |
political party whose ballot the individual has voted. The board | 1495 |
shall examine the information contained in the written affirmation | 1496 |
executed by the individual who cast the provisional ballot under | 1497 |
division (B)(2) of section 3505.181 of the Revised Code. If the | 1498 |
individual declines to execute such an affirmation, the | 1499 |
individual's name, written by either the individual or the | 1500 |
election official at the direction of the individual, shall be | 1501 |
included in a written affirmation in order for the provisional | 1502 |
ballot to be eligible to be counted; otherwise, the following | 1503 |
information shall be included in the written affirmation in order | 1504 |
for the provisional ballot to be eligible to be counted: | 1505 |
(2) In addition to the information required to be included in | 1514 |
an affirmation under division (B)(1) of this section, in | 1515 |
determining whether a provisional ballot is valid and entitled to | 1516 |
be counted, the board also shall examine any additional | 1517 |
information for determining ballot validity provided by the | 1518 |
provisional voter on the affirmation, provided by the provisional | 1519 |
voter to an election official under section 3505.182 of the | 1520 |
Revised Code, or provided to the board of elections during the ten | 1521 |
days after the day of the election under division (B)(8) of | 1522 |
section 3505.181 of the Revised Code, to assist the board in | 1523 |
determining the individual's eligibility to vote. | 1524 |
(3) If, in examining a provisional ballot affirmation and | 1525 |
additional information under divisions (B)(1) and (2) of this | 1526 |
section and comparing the information required under division | 1527 |
(B)(1) of this section with the elector's information in the | 1528 |
statewide voter registration database, the board determines that | 1529 |
all of the following apply, the provisional ballot envelope shall | 1530 |
be opened, and the ballot shall be placed in a ballot box to be | 1531 |
counted: | 1532 |
(4)(a) If, in examining a provisional ballot affirmation and | 1558 |
additional information under divisions (B)(1) and (2) of this | 1559 |
section and comparing the information required under division | 1560 |
(B)(1) of this section with the elector's information in the | 1561 |
statewide voter registration database, the board determines that | 1562 |
any of the following applies, the provisional ballot envelope | 1563 |
shall not be opened, and the ballot shall not be counted: | 1564 |
(vii)(viii) The individual failed to provide a current and | 1587 |
valid photo identification, a military identification, a copy of a | 1588 |
current utility bill, bank statement, government check, paycheck, | 1589 |
or other government document, other than a notice of voter | 1590 |
registration mailed by a board of elections under section 3503.19 | 1591 |
of the Revised Code, with the voter's name and current address, or | 1592 |
the last four digits of the individual's social security number or | 1593 |
to execute an affirmation under division (A) of section 3505.18 or | 1594 |
division (B) of section 3505.181 of the Revised Code. | 1595 |
(b) If, in examining a provisional ballot affirmation and | 1602 |
additional information under divisions (B)(1) and (2) of this | 1603 |
section and comparing the information required under division | 1604 |
(B)(1) of this section with the elector's information in the | 1605 |
statewide voter registration database, the board is unable to | 1606 |
determine eitherany of the following are true, the provisional | 1607 |
ballot envelope shall not be opened, and the ballot shall not be | 1608 |
counted: | 1609 |
(C)(1) For each provisional ballot rejected under division | 1621 |
(B)(4) of this section, the board shall record the name of the | 1622 |
provisional voter who cast the ballot, the identification number | 1623 |
of the provisional ballot envelope, the names of the election | 1624 |
officials who determined the validity of that ballot, the date and | 1625 |
time that the determination was made, and the reason that the | 1626 |
ballot was not counted. | 1627 |
(D) Provisional ballots that the board determines are | 1634 |
eligible to be counted under division (B)(3) of this section shall | 1635 |
be counted in the same manner as provided for other ballots under | 1636 |
section 3505.27 of the Revised Code. No provisional ballots shall | 1637 |
be counted in a particular county until the board determines the | 1638 |
eligibility to be counted of all provisional ballots cast in that | 1639 |
county under division (B) of this section for that election. | 1640 |
Observers, as provided in section 3505.21 of the Revised Code, may | 1641 |
be present at all times that the board is determining the | 1642 |
eligibility of provisional ballots to be counted and counting | 1643 |
those provisional ballots determined to be eligible. No person | 1644 |
shall recklessly disclose the count or any portion of the count of | 1645 |
provisional ballots in such a manner as to jeopardize the secrecy | 1646 |
of any individual ballot. | 1647 |
(2) A board of elections shall not examine the provisional | 1654 |
ballot affirmation and additional information under divisions | 1655 |
(B)(1) and (2) of this section of any provisional ballot for which | 1656 |
an election official has indicated under division (B)(7) of | 1657 |
section 3505.181 of the Revised Code that additional information | 1658 |
is required for the board of elections to determine the | 1659 |
eligibility of the individual who cast that provisional ballot | 1660 |
until the individual provides any information required under | 1661 |
division (B)(8) of section 3505.181 of the Revised Code, until any | 1662 |
hearing required to be conducted under section 3503.24 of the | 1663 |
Revised Code with regard to the provisional voter is held, or | 1664 |
until the eleventh day after the day of the election, whichever is | 1665 |
earlier. | 1666 |
(3) A copy of the elector's current and valid photo | 1682 |
identification, a copy of a military identification, or a copy of | 1683 |
a current utility bill, bank statement, government check, | 1684 |
paycheck, or other government document, other than a notice of | 1685 |
voter registration mailed by a board of elections under section | 1686 |
3503.19 of the Revised Code, that shows the name and address of | 1687 |
the elector. | 1688 |
Each application for absent voter's ballots shall be | 1702 |
delivered to the director not earlier than the first day of | 1703 |
January of the year of the elections for which the absent voter's | 1704 |
ballots are requested or not earlier than ninety days before the | 1705 |
day of the election at which the ballots are to be voted, | 1706 |
whichever is earlier, and not later than twelve noon of the third | 1707 |
day before the day of the election at which the ballots are to be | 1708 |
voted, or not later than six p.m. on the last Friday before the | 1709 |
day of the election at which the ballots are to be voted if the | 1710 |
application is delivered in person to the office of the board. | 1711 |
Sec. 3511.02. Notwithstanding any section of the Revised | 1712 |
Code to the contrary, whenever any person applies for registration | 1713 |
as a voter on a form adopted in accordance with federal | 1714 |
regulations relating to the "Uniformed and Overseas Citizens | 1715 |
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986), | 1716 |
this application shall be sufficient for voter registration and as | 1717 |
a request for an absent voter's ballot. Uniformed services or | 1718 |
overseas absent voter's ballots may be obtained by any person | 1719 |
meeting the requirements of section 3511.011 of the Revised Code | 1720 |
by applying electronically to the secretary of state or to the | 1721 |
board of elections of the county in which the person's voting | 1722 |
residence is located in accordance with section 3511.021 of the | 1723 |
Revised Code or by applying to the director of the board of | 1724 |
elections of the county in which the person's voting residence is | 1725 |
located, in one of the following ways: | 1726 |
(A) That person may make written application for those | 1727 |
ballots. The person may personally deliver the application to the | 1728 |
director or may mail it, send it by facsimile machine, send it by | 1729 |
electronic mail, send it through internet delivery if such | 1730 |
delivery is offered by the board of elections or the secretary of | 1731 |
state, or otherwise send it to the director. The application need | 1732 |
not be in any particular form but shall contain all of the | 1733 |
following information: | 1734 |
(c) A copy of the elector's current and valid photo | 1743 |
identification, a copy of a military identification, or a copy of | 1744 |
a current utility bill, bank statement, government check, | 1745 |
paycheck, or other government document, other than a notice of | 1746 |
voter registration mailed by a board of elections under section | 1747 |
3503.19 of the Revised Code, that shows the name and address of | 1748 |
the elector. | 1749 |
(9) A statement of the elector's length of residence in the | 1756 |
state immediately preceding the commencement of service, | 1757 |
immediately preceding the date of leaving to be with or near the | 1758 |
service member, or immediately preceding leaving the United | 1759 |
States, or a statement that the elector's parent or legal guardian | 1760 |
resided in this state long enough to establish residency for | 1761 |
voting purposes immediately preceding leaving the United States, | 1762 |
whichever is applicable; | 1763 |
(B) A voter or any relative of a voter listed in division (C) | 1780 |
of this section may use a single federal post card application to | 1781 |
apply for uniformed services or overseas absent voter's ballots | 1782 |
for use at the primary and general elections in a given year and | 1783 |
any special election to be held on the day in that year specified | 1784 |
by division (E) of section 3501.01 of the Revised Code for the | 1785 |
holding of a primary election, designated by the general assembly | 1786 |
for the purpose of submitting constitutional amendments proposed | 1787 |
by the general assembly to the voters of the state. A single | 1788 |
federal postcard application shall be processed by the board of | 1789 |
elections pursuant to section 3511.04 of the Revised Code the same | 1790 |
as if the voter had applied separately for uniformed services or | 1791 |
overseas absent voter's ballots for each election. | 1792 |
(C) Application to have uniformed services or overseas absent | 1793 |
voter's ballots mailed or sent by facsimile machine to such a | 1794 |
person may be made by the spouse, father, mother, father-in-law, | 1795 |
mother-in-law, grandfather, grandmother, brother or sister of the | 1796 |
whole blood or half blood, son, daughter, adopting parent, adopted | 1797 |
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle, | 1798 |
aunt, nephew, or niece of such a person. The application shall be | 1799 |
in writing upon a blank form furnished only by the director or on | 1800 |
a single federal post card as provided in division (B) of this | 1801 |
section. The form of the application shall be prescribed by the | 1802 |
secretary of state. The director shall furnish that blank form to | 1803 |
any of the relatives specified in this division desiring to make | 1804 |
the application, only upon the request of such a relative made in | 1805 |
person at the office of the board or upon the written request of | 1806 |
such a relative mailed to the office of the board. The | 1807 |
application, subscribed and sworn to by the applicant, shall | 1808 |
contain all of the following: | 1809 |
(4) A statement identifying the elector's length of residence | 1815 |
in the state immediately preceding the commencement of service, | 1816 |
immediately preceding the date of leaving to be with or near a | 1817 |
service member, or immediately preceding leaving the United | 1818 |
States, or a statement that the elector's parent or legal guardian | 1819 |
resided in this state long enough to establish residency for | 1820 |
voting purposes immediately preceding leaving the United States, | 1821 |
as the case may be; | 1822 |
(c) A copy of the elector's current and valid photo | 1828 |
identification, a copy of a military identification, or a copy of | 1829 |
a current utility bill, bank statement, government check, | 1830 |
paycheck, or other government document, other than a notice of | 1831 |
voter registration mailed by a board of elections under section | 1832 |
3503.19 of the Revised Code, that shows the name and address of | 1833 |
the elector. | 1834 |
(11) The address to which ballots shall be mailed, the | 1848 |
telephone number to which ballots shall be sent by facsimile | 1849 |
machine, the electronic mail address to which ballots shall be | 1850 |
sent by electronic mail, or, if internet delivery is offered by | 1851 |
the board of elections or the secretary of state, the internet | 1852 |
contact information to which ballots shall be sent through | 1853 |
internet delivery; | 1854 |
Each application for uniformed services or overseas absent | 1857 |
voter's ballots shall be delivered to the director not earlier | 1858 |
than the first day of January of the year of the elections for | 1859 |
which the uniformed services or overseas absent voter's ballots | 1860 |
are requested or not earlier than ninety days before the day of | 1861 |
the election at which the ballots are to be voted, whichever is | 1862 |
earlier, and not later than twelve noon of the third day preceding | 1863 |
the day of the election, or not later than six p.m. on the last | 1864 |
Friday before the day of the election at which those ballots are | 1865 |
to be voted if the application is delivered in person to the | 1866 |
office of the board. | 1867 |
Sec. 3513.05. Each person desiring to become a candidate for | 1875 |
a party nomination or for election to an office or position to be | 1876 |
voted for at a primary election, except persons desiring to become | 1877 |
joint candidates for the offices of governor and lieutenant | 1878 |
governor and except as otherwise provided in section 3513.051 of | 1879 |
the Revised Code, shall, not later than four p.m. of the ninetieth | 1880 |
day before the day of the primary election, file a declaration of | 1881 |
candidacy and petition and pay the fees required under divisions | 1882 |
(A) and (B) of section 3513.10 of the Revised Code. The | 1883 |
declaration of candidacy and all separate petition papers shall be | 1884 |
filed at the same time as one instrument. When the offices are to | 1885 |
be voted for at a primary election, persons desiring to become | 1886 |
joint candidates for the offices of governor and lieutenant | 1887 |
governor shall, not later than four p.m. of the ninetieth day | 1888 |
before the day of the primary election, comply with section | 1889 |
3513.04 of the Revised Code. The prospective joint candidates' | 1890 |
declaration of candidacy and all separate petition papers of | 1891 |
candidacies shall be filed at the same time as one instrument. The | 1892 |
secretary of state or a board of elections shall not accept for | 1893 |
filing a declaration of candidacy and petition of a person seeking | 1894 |
to become a candidate if that person, for the same election, has | 1895 |
already filed a declaration of candidacy or a declaration of | 1896 |
intent to be a write-in candidate, or has become a candidate by | 1897 |
the filling of a vacancy under section 3513.30 of the Revised Code | 1898 |
for any federal, state, or county office, if the declaration of | 1899 |
candidacy is for a state or county office, or for any municipal or | 1900 |
township office, if the declaration of candidacy is for a | 1901 |
municipal or township office. | 1902 |
If the declaration of candidacy declares a candidacy which is | 1903 |
to be submitted to electors throughout the entire state, the | 1904 |
petition, including a petition for joint candidates for the | 1905 |
offices of governor and lieutenant governor, shall be signed by at | 1906 |
least one thousand qualified electors who are members of the same | 1907 |
political party as the candidate or joint candidates, and the | 1908 |
declaration of candidacy and petition shall be filed with the | 1909 |
secretary of state; provided that the secretary of state shall not | 1910 |
accept or file any such petition appearing on its face to contain | 1911 |
signatures of more than three thousand electors. | 1912 |
Except as otherwise provided in this paragraph, if the | 1913 |
declaration of candidacy is of one that is to be submitted only to | 1914 |
electors within a district, political subdivision, or portion | 1915 |
thereof, the petition shall be signed by not less than fifty | 1916 |
qualified electors who are members of the same political party as | 1917 |
the political party of which the candidate is a member. If the | 1918 |
declaration of candidacy is for party nomination as a candidate | 1919 |
for member of the legislative authority of a municipal corporation | 1920 |
elected by ward, the petition shall be signed by not less than | 1921 |
twenty-five qualified electors who are members of the political | 1922 |
party of which the candidate is a member. | 1923 |
No such petition, except the petition for a candidacy that is | 1924 |
to be submitted to electors throughout the entire state, shall be | 1925 |
accepted for filing if it appears to contain on its face | 1926 |
signatures of more than three times the minimum number of | 1927 |
signatures. When a petition of a candidate has been accepted for | 1928 |
filing by a board of elections, the petition shall not be deemed | 1929 |
invalid if, upon verification of signatures contained in the | 1930 |
petition, the board of elections finds the number of signatures | 1931 |
accepted exceeds three times the minimum number of signatures | 1932 |
required. A board of elections may discontinue verifying | 1933 |
signatures on petitions when the number of verified signatures | 1934 |
equals the minimum required number of qualified signatures. | 1935 |
If the declaration of candidacy declares a candidacy for | 1936 |
party nomination or for election as a candidate of an intermediate | 1937 |
or minor party, the minimum number of signatures on such petition | 1938 |
is one-half the minimum number provided in this section, except | 1939 |
that, when the candidacy is one for election as a member of the | 1940 |
state central committee or the county central committee of a | 1941 |
political party, the minimum number shall be the same for an | 1942 |
intermediate or minor party as for a major party. | 1943 |
If a declaration of candidacy is one for election as a member | 1944 |
of the state central committee or the county central committee of | 1945 |
a political party, the petition shall be signed by five qualified | 1946 |
electors of the district, county, ward, township, or precinct | 1947 |
within which electors may vote for such candidate. The electors | 1948 |
signing such petition shall be members of the same political party | 1949 |
as the political party of which the candidate is a member. | 1950 |
For purposes of signing or circulating a petition of | 1951 |
candidacy for party nomination or election, an elector is | 1952 |
considered to be a member of a political party if the elector | 1953 |
voted in that party's primary election within the preceding two | 1954 |
calendar years, or if the elector did not vote in any other | 1955 |
party's primary election within the preceding two calendar years | 1956 |
elector's voter registration record indicates that the elector is | 1957 |
affiliated with that political party. | 1958 |
If the declaration of candidacy is of one that is to be | 1959 |
submitted only to electors within a county, or within a district | 1960 |
or subdivision or part thereof smaller than a county, the petition | 1961 |
shall be filed with the board of elections of the county. If the | 1962 |
declaration of candidacy is of one that is to be submitted only to | 1963 |
electors of a district or subdivision or part thereof that is | 1964 |
situated in more than one county, the petition shall be filed with | 1965 |
the board of elections of the county within which the major | 1966 |
portion of the population thereof, as ascertained by the next | 1967 |
preceding federal census, is located. | 1968 |
A petition shall consist of separate petition papers, each of | 1969 |
which shall contain signatures of electors of only one county. | 1970 |
Petitions or separate petition papers containing signatures of | 1971 |
electors of more than one county shall not thereby be declared | 1972 |
invalid. In case petitions or separate petition papers containing | 1973 |
signatures of electors of more than one county are filed, the | 1974 |
board shall determine the county from which the majority of | 1975 |
signatures came, and only signatures from such county shall be | 1976 |
counted. Signatures from any other county shall be invalid. | 1977 |
The secretary of state shall promptly transmit to each board | 1983 |
such separate petition papers of each petition accompanying a | 1984 |
declaration of candidacy filed with the secretary of state as | 1985 |
purport to contain signatures of electors of the county of such | 1986 |
board. The board of the most populous county of a district shall | 1987 |
promptly transmit to each board within such district such separate | 1988 |
petition papers of each petition accompanying a declaration of | 1989 |
candidacy filed with it as purport to contain signatures of | 1990 |
electors of the county of each such board. The board of a county | 1991 |
within which the major portion of the population of a subdivision, | 1992 |
situated in more than one county, is located, shall promptly | 1993 |
transmit to the board of each other county within which a portion | 1994 |
of such subdivision is located such separate petition papers of | 1995 |
each petition accompanying a declaration of candidacy filed with | 1996 |
it as purport to contain signatures of electors of the portion of | 1997 |
such subdivision in the county of each such board. | 1998 |
All petition papers so transmitted to a board and all | 1999 |
petitions accompanying declarations of candidacy filed with a | 2000 |
board shall, under proper regulations, be open to public | 2001 |
inspection until four p.m. of the eightieth day before the day of | 2002 |
the next primary election. Each board shall, not later than the | 2003 |
seventy-eighth day before the day of that primary election, | 2004 |
examine and determine the validity or invalidity of the signatures | 2005 |
on the petition papers so transmitted to or filed with it and | 2006 |
shall return to the secretary of state all petition papers | 2007 |
transmitted to it by the secretary of state, together with its | 2008 |
certification of its determination as to the validity or | 2009 |
invalidity of signatures thereon, and shall return to each other | 2010 |
board all petition papers transmitted to it by such board, | 2011 |
together with its certification of its determination as to the | 2012 |
validity or invalidity of the signatures thereon. All other | 2013 |
matters affecting the validity or invalidity of such petition | 2014 |
papers shall be determined by the secretary of state or the board | 2015 |
with whom such petition papers were filed. | 2016 |
Protests against the candidacy of any person filing a | 2017 |
declaration of candidacy for party nomination or for election to | 2018 |
an office or position, as provided in this section, may be filed | 2019 |
by any qualified elector who is a member of the same political | 2020 |
party as the candidate and who is eligible to vote at the primary | 2021 |
election for the candidate whose declaration of candidacy the | 2022 |
elector objects to, or by the controlling committee of that | 2023 |
political party. The protest shall be in writing, and shall be | 2024 |
filed not later than four p.m. of the seventy-fourth day before | 2025 |
the day of the primary election. The protest shall be filed with | 2026 |
the election officials with whom the declaration of candidacy and | 2027 |
petition was filed. Upon the filing of the protest, the election | 2028 |
officials with whom it is filed shall promptly fix the time for | 2029 |
hearing it, and shall forthwith mail notice of the filing of the | 2030 |
protest and the time fixed for hearing to the person whose | 2031 |
candidacy is so protested. They shall also forthwith mail notice | 2032 |
of the time fixed for such hearing to the person who filed the | 2033 |
protest. At the time fixed, such election officials shall hear the | 2034 |
protest and determine the validity or invalidity of the | 2035 |
declaration of candidacy and petition. If they find that such | 2036 |
candidate is not an elector of the state, district, county, or | 2037 |
political subdivision in which the candidate seeks a party | 2038 |
nomination or election to an office or position, or has not fully | 2039 |
complied with this chapter, the candidate's declaration of | 2040 |
candidacy and petition shall be determined to be invalid and shall | 2041 |
be rejected; otherwise, it shall be determined to be valid. That | 2042 |
determination shall be final. | 2043 |
The secretary of state shall, on the seventieth day before | 2049 |
the day of a primary election, certify to each board in the state | 2050 |
the forms of the official ballots to be used at the primary | 2051 |
election, together with the names of the candidates to be printed | 2052 |
on the ballots whose nomination or election is to be determined by | 2053 |
electors throughout the entire state and who filed valid | 2054 |
declarations of candidacy and petitions. | 2055 |
The board of the most populous county in a district comprised | 2056 |
of more than one county but less than all of the counties of the | 2057 |
state shall, on the seventieth day before the day of a primary | 2058 |
election, certify to the board of each county in the district the | 2059 |
names of the candidates to be printed on the official ballots to | 2060 |
be used at the primary election, whose nomination or election is | 2061 |
to be determined only by electors within the district and who | 2062 |
filed valid declarations of candidacy and petitions. | 2063 |
The board of a county within which the major portion of the | 2064 |
population of a subdivision smaller than the county and situated | 2065 |
in more than one county is located shall, on the seventieth day | 2066 |
before the day of a primary election, certify to the board of each | 2067 |
county in which a portion of that subdivision is located the names | 2068 |
of the candidates to be printed on the official ballots to be used | 2069 |
at the primary election, whose nomination or election is to be | 2070 |
determined only by electors within that subdivision and who filed | 2071 |
valid declarations of candidacy and petitions. | 2072 |
Sec. 3513.18. Party primaries shall be held at the same | 2073 |
place and time, but there shall be separate pollbooks, tally | 2074 |
sheets, and ballot boxes provided at each polling place for each | 2075 |
party participating in the election, and the ballot of each voter | 2076 |
shall be placed in the ballot box of the party with which hethe | 2077 |
voter is affiliated. Each ballot box shall be plainly marked with | 2078 |
the name of the political party whose ballots are to be placed | 2079 |
therein, by letters pasted or printed thereon or by a card | 2080 |
attached thereto, or both, and so placed that the designation may | 2081 |
be easily seen and read by the voter. | 2082 |
(3) That the person is not affiliated with or is not a member | 2100 |
of the political party whose ballot the person desires to vote. | 2101 |
Such party affiliation shall be determined by examining the | 2102 |
elector's votingregistration record for the current year and the | 2103 |
immediately preceding two calendar years as shown on the voter's | 2104 |
registration card, using the standards of affiliation specified in | 2105 |
the seventh paragraph of section 3513.05 of the Revised Code. | 2106 |
Division (A)(3) of this section and the seventh paragraph of | 2107 |
section 3513.05 of the Revised Code do not prohibit a person who | 2108 |
holds an elective office for which candidates are nominated at a | 2109 |
party primary election from doing any of the following: | 2110 |
(B) When the right of a person to vote is challenged upon the | 2119 |
ground set forth in division (A)(3) of this section, membership in | 2120 |
or political affiliation with a political party shall be | 2121 |
determined by the person's statement, made under penalty of | 2122 |
election falsification, that the person desires to be affiliated | 2123 |
with and supports the principles of the political party whose | 2124 |
primary ballot the person desires to voteIf a majority of the | 2125 |
precinct officials finds that the person lacks any of the | 2126 |
qualifications required to make the person a qualified elector, or | 2127 |
if the person's name does not appear in the poll list as | 2128 |
affiliated with the political party whose ballot the person seeks | 2129 |
to vote, the person shall be permitted to cast a provisional | 2130 |
ballot under section 3505.181 of the Revised Code. | 2131 |
(C)(1) Notwithstanding division (A) of this section, aA | 2144 |
person who holds an elective office for which candidates are | 2145 |
nominated at a party primary may be a candidate at a primary | 2146 |
election held during the times specified in division (C)(2)(B)(3) | 2147 |
of this section for nomination as a candidate of a political party | 2148 |
of which the person is prohibited from being a candidate for | 2149 |
nomination under division (A) of this sectionother than the party | 2150 |
that most recently nominated the person as a candidate for the | 2151 |
office the person currently holds, only if the person files: | 2152 |
Sec. 3599.02. No person shall before, during, or after any | 2199 |
primary, general, or special election or convention solicit, | 2200 |
request, demand, receive, or contract for any money, gift, loan, | 2201 |
property, influence, position, employment, or other thing of value | 2202 |
for that person or for another person for doing any of the | 2203 |
following: | 2204 |
(2)(a) No person who helps another person register outside an | 2260 |
official voter registration place shall knowingly fail to return | 2261 |
any registration form entrusted to that person to any board of | 2262 |
elections or the office of the secretary of state within ten days | 2263 |
after that regsitrationregistration form is completed, or on or | 2264 |
before the thirtieth day before the election, whichever day is | 2265 |
earlier, unless the registration form is received by the person | 2266 |
within twenty-four hours of the thirtieth day before the election, | 2267 |
in which case the person shall return the registration form to any | 2268 |
board of elections or the office of the secretary of state within | 2269 |
ten days of its receipt. | 2270 |
Whoever violates this division is guilty of election | 2271 |
falsification, a felony of the fifth degree, unless the person has | 2272 |
not previously been convicted of a violation of division | 2273 |
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the | 2274 |
violation of this division does not cause any person to miss any | 2275 |
voter registration deadline with regard to any election, and the | 2276 |
number of voter registration forms that the violator has failed to | 2277 |
properly return does not exceed forty-nine, in which case the | 2278 |
violator is guilty of a misdemeanor of the first degree. | 2279 |
Whoever violates this division is guilty of election | 2285 |
falsification, a felony of the fifth degree, unless the person has | 2286 |
not previously been convicted of a violation of division | 2287 |
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the | 2288 |
violation of this division does not cause any person to miss any | 2289 |
voter registration deadline with regard to any election, and the | 2290 |
number of voter registration forms that the violator has failed to | 2291 |
properly return does not exceed forty-nine, in which case the | 2292 |
violator is guilty of a misdemeanor of the first degree. | 2293 |
(C)(1) No person who receives compensation for registering a | 2294 |
voter shall knowingly fail to return any registration form | 2295 |
entrusted to that person to any board of elections or the office | 2296 |
of the secretary of state within ten days after that voter | 2297 |
registration form is completed, or on or before the thirtieth day | 2298 |
before the election, whichever is earlier, unless the registration | 2299 |
form is received by the person within twenty-four hours of the | 2300 |
thirtieth day before the election, in which case the person shall | 2301 |
return the registration form to any board of elections or the | 2302 |
office of the secrtarysecretary of state within ten days of its | 2303 |
receipt. | 2304 |
Whoever violates this division is guilty of election | 2305 |
falsification, a felony of the fifth degree, unless the person has | 2306 |
not previously been convicted of a violation of division | 2307 |
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the | 2308 |
violation of this division does not cause any person to miss any | 2309 |
voter registration deadline with regard to any election, and the | 2310 |
number of voter registration forms that the violator has failed to | 2311 |
properly return does not exceed forty-nine, in which case the | 2312 |
violator is guilty of a misdemeanor of the first degree. | 2313 |
Whoever violates this division is guilty of election | 2318 |
falsification, a felony of the fifth degree, unless the person has | 2319 |
not previously been convicted of a violation of division | 2320 |
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the | 2321 |
violation of this division does not cause any person to miss any | 2322 |
voter registration deadline with regard to any election, and the | 2323 |
number of voter registration forms that the violator has failed to | 2324 |
properly return does not exceed forty-nine, in which case the | 2325 |
violator is guilty of a misdemeanor of the first degree. | 2326 |
(a) The applicant's name, date of birth, social security | 2353 |
number if such has been assigned, sex, general description, | 2354 |
including height, weight, color of hair, and eyes, residence | 2355 |
address, including county of residence, duration of residence in | 2356 |
this state, and country of citizenship; | 2357 |
(b) Whether the applicant previously has been licensed as an | 2358 |
operator, chauffeur, driver, commercial driver, or motorcycle | 2359 |
operator and, if so, when, by what state, and whether such license | 2360 |
is suspended or canceled at the present time and, if so, the date | 2361 |
of and reason for the suspension or cancellation; | 2362 |
(f) Whether the applicant has executed a valid durable power | 2379 |
of attorney for health care pursuant to sections 1337.11 to | 2380 |
1337.17 of the Revised Code or has executed a declaration | 2381 |
governing the use or continuation, or the withholding or | 2382 |
withdrawal, of life-sustaining treatment pursuant to sections | 2383 |
2133.01 to 2133.15 of the Revised Code and, if the applicant has | 2384 |
executed either type of instrument, whether the applicant wishes | 2385 |
the applicant's license to indicate that the applicant has | 2386 |
executed the instrument; | 2387 |
(g) On and after October 7, 2009, whether the applicant is a | 2388 |
veteran, active duty, or reservist of the armed forces of the | 2389 |
United States and, if the applicant is such, whether the applicant | 2390 |
wishes the applicant's license to indicate that the applicant is a | 2391 |
veteran, active duty, or reservist of the armed forces of the | 2392 |
United States by a military designation on the license. | 2393 |
(B) The registrar or a deputy registrar, in accordance with | 2398 |
section 3503.11 of the Revised Code, shall register as an elector | 2399 |
any person who applies for a driver's license or motorcycle | 2400 |
operator's license or endorsement under division (A) of this | 2401 |
section, or for a renewal or duplicate of the license or | 2402 |
endorsement, if the applicant is eligible and wishes to be | 2403 |
registered as an elector. The decision of an applicant whether to | 2404 |
register as an elector shall be given no consideration in the | 2405 |
decision of whether to issue the applicant a license or | 2406 |
endorsement, or a renewal or duplicate. | 2407 |
(C) The registrar or a deputy registrar, in accordance with | 2408 |
section 3503.11 of the Revised Code, shall offer the opportunity | 2409 |
of completing a notice of change of residence or, change of name, | 2410 |
or change of political party affiliation to any applicant for a | 2411 |
driver's license or endorsement under division (A) of this | 2412 |
section, or for a renewal or duplicate of the license or | 2413 |
endorsement, if the applicant is a registered elector who has | 2414 |
changed the applicant's residence or, name, or political party | 2415 |
affiliation and has not filed such a notice. | 2416 |
(D) In addition to any other information it contains, on and | 2417 |
after October 7, 2009, the approved form furnished by the | 2418 |
registrar of motor vehicles for an application for a driver's | 2419 |
license or motorcycle operator's license or endorsement or an | 2420 |
application for a duplicate of any such license or endorsement | 2421 |
shall inform applicants that the applicant must present a copy of | 2422 |
the applicant's DD-214 or an equivalent document in order to | 2423 |
qualify to have the license or duplicate indicate that the | 2424 |
applicant is a veteran, active duty, or reservist of the armed | 2425 |
forces of the United States based on a request made pursuant to | 2426 |
division (A)(1)(g) of this section. | 2427 |
Section 2. That existing sections 3501.01, 3503.10, 3503.11, | 2428 |
3503.14, 3503.15, 3503.16, 3503.19, 3503.23, 3505.181, 3505.182, | 2429 |
3505.183, 3509.03, 3511.02, 3513.05, 3513.18, 3513.19, 3513.191, | 2430 |
3513.192, 3517.013, 3599.02, 3599.11, 3599.18, and 4507.06 and | 2431 |
sections 3513.20, 3517.014, 3517.015, and 3517.016 of the Revised | 2432 |
Code are hereby repealed. | 2433 |
(a) The applicant's name, date of birth, social security | 2444 |
number if such has been assigned, sex, general description, | 2445 |
including height, weight, color of hair, and eyes, residence | 2446 |
address, including county of residence, duration of residence in | 2447 |
this state, and country of citizenship; | 2448 |
(b) Whether the applicant previously has been licensed as an | 2449 |
operator, chauffeur, driver, commercial driver, or motorcycle | 2450 |
operator and, if so, when, by what state, and whether such license | 2451 |
is suspended or canceled at the present time and, if so, the date | 2452 |
of and reason for the suspension or cancellation; | 2453 |
(f) Whether the applicant has executed a valid durable power | 2471 |
of attorney for health care pursuant to sections 1337.11 to | 2472 |
1337.17 of the Revised Code or has executed a declaration | 2473 |
governing the use or continuation, or the withholding or | 2474 |
withdrawal, of life-sustaining treatment pursuant to sections | 2475 |
2133.01 to 2133.15 of the Revised Code and, if the applicant has | 2476 |
executed either type of instrument, whether the applicant wishes | 2477 |
the applicant's license to indicate that the applicant has | 2478 |
executed the instrument; | 2479 |
(g) On and after October 7, 2009, whether the applicant is a | 2480 |
veteran, active duty, or reservist of the armed forces of the | 2481 |
United States and, if the applicant is such, whether the applicant | 2482 |
wishes the applicant's license to indicate that the applicant is a | 2483 |
veteran, active duty, or reservist of the armed forces of the | 2484 |
United States by a military designation on the license. | 2485 |
(B) The registrar or a deputy registrar, in accordance with | 2490 |
section 3503.11 of the Revised Code, shall register as an elector | 2491 |
any person who applies for a license or endorsement under division | 2492 |
(A) of this section, or for a renewal or duplicate of the license | 2493 |
or endorsement, if the applicant is eligible and wishes to be | 2494 |
registered as an elector. The decision of an applicant whether to | 2495 |
register as an elector shall be given no consideration in the | 2496 |
decision of whether to issue the applicant a license or | 2497 |
endorsement, or a renewal or duplicate. | 2498 |
(C) The registrar or a deputy registrar, in accordance with | 2499 |
section 3503.11 of the Revised Code, shall offer the opportunity | 2500 |
of completing a notice of change of residence or, change of name, | 2501 |
or change of political party affiliation to any applicant for a | 2502 |
driver's license or endorsement under division (A) of this | 2503 |
section, or for a renewal or duplicate of the license or | 2504 |
endorsement, if the applicant is a registered elector who has | 2505 |
changed the applicant's residence or, name, or political party | 2506 |
affiliation and has not filed such a notice. | 2507 |
(D) In addition to any other information it contains, on and | 2508 |
after October 7, 2009, the approved form furnished by the | 2509 |
registrar of motor vehicles for an application for a license or | 2510 |
endorsement or an application for a duplicate of any such license | 2511 |
or endorsement shall inform applicants that the applicant must | 2512 |
present a copy of the applicant's DD-214 or an equivalent document | 2513 |
in order to qualify to have the license or duplicate indicate that | 2514 |
the applicant is a veteran, active duty, or reservist of the armed | 2515 |
forces of the United States based on a request made pursuant to | 2516 |
division (A)(1)(g) of this section. | 2517 |
Section 5. Section 3505.181 of the Revised Code is presented | 2521 |
in this act as a composite of the section as amended by both Am. | 2522 |
S.B. 10 and Sub. S.B. 47 of the 130th General Assembly. The | 2523 |
General Assembly, applying the principle stated in division (B) of | 2524 |
section 1.52 of the Revised Code that amendments are to be | 2525 |
harmonized if reasonably capable of simultaneous operation, finds | 2526 |
that the composite is the resulting version of the section in | 2527 |
effect prior to the effective date of the section as presented in | 2528 |
this act. | 2529 |