Bill Text: OH HB305 | 2013-2014 | 130th General Assembly | Introduced


Bill Title: That is scheduled to take effect January 1, 2017, to continue the provisions of this act on and after that effective date to require that an elector's political party affiliation be determined by the party the elector indicated on the elector's voter registration form and to specify that currently registered electors retain their current party affiliations unless they update their registrations.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2013-10-16 - To Policy and Legislative Oversight [HB305 Detail]

Download: Ohio-2013-HB305-Introduced.html
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 305


Representative Becker 

Cosponsor: Representative Hood 



A BILL
To amend sections 3501.01, 3503.10, 3503.11, 3503.14, 1
3503.15, 3503.16, 3503.19, 3503.23, 3505.181, 2
3505.182, 3505.183, 3509.03, 3511.02, 3513.05, 3
3513.18, 3513.19, 3513.191, 3513.192, 3517.013, 4
3599.02, 3599.11, 3599.18, and 4507.06; to repeal 5
sections 3513.20, 3517.014, 3517.015, and 3517.016 6
of the Revised Code; and to amend the version of 7
section 4507.06 of the Revised Code that is 8
scheduled to take effect January 1, 2017, to 9
continue the provisions of this act on and after 10
that effective date to require that an elector's 11
political party affiliation be determined by the 12
party the elector indicated on the elector's voter 13
registration form and to specify that currently 14
registered electors retain their current party 15
affiliations unless they update their 16
registrations.17


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

       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

       Sec. 3501.01.  As used in the sections of the Revised Code 23
relating to elections and political communications:24

       (A) "General election" means the election held on the first 25
Tuesday after the first Monday in each November.26

       (B) "Regular municipal election" means the election held on 27
the first Tuesday after the first Monday in November in each 28
odd-numbered year.29

       (C) "Regular state election" means the election held on the 30
first Tuesday after the first Monday in November in each 31
even-numbered year.32

       (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

       (F) "Political party" means any group of voters meeting the 61
requirements set forth in section 3517.01 of the Revised Code for 62
the formation and existence of a political party.63

       (1) "Major political party" means any political party 64
organized under the laws of this state whose candidate for 65
governor or nominees for presidential electors received no less 66
than twenty per cent of the total vote cast for such office at the 67
most recent regular state election.68

       (2) "Intermediate political party" means any political party 69
organized under the laws of this state whose candidate for 70
governor or nominees for presidential electors received less than 71
twenty per cent but not less than ten per cent of the total vote 72
cast for such office at the most recent regular state election.73

       (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

       (G) "Dominant party in a precinct" or "dominant political 90
party in a precinct" means that political party whose candidate 91
for election to the office of governor at the most recent regular 92
state election at which a governor was elected received more votes 93
than any other person received for election to that office in such 94
precinct at such election.95

       (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

       (I) "Independent candidate" means any candidate who claimsis103
not to be affiliated with a political party, and whose name has 104
been certified on the office-type ballot at a general or special 105
election through the filing of a statement of candidacy and 106
nominating petition, as prescribed in section 3513.257 of the 107
Revised Code.108

       (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 beis117
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

       (M) "Question or issue" means any question or issue certified 131
in accordance with the Revised Code for placement on an official 132
ballot at a general or special election to be held in this state.133

       (N) "Elector" or "qualified elector" means a person having 134
the qualifications provided by law to be entitled to vote.135

       (O) "Voter" means an elector who votes at an election.136

       (P) "Voting residence" means that place of residence of an 137
elector which shall determine the precinct in which the elector 138
may vote.139

       (Q) "Precinct" means a district within a county established 140
by the board of elections of such county within which all 141
qualified electors having a voting residence therein may vote at 142
the same polling place.143

       (R) "Polling place" means that place provided for each 144
precinct at which the electors having a voting residence in such 145
precinct may vote.146

       (S) "Board" or "board of elections" means the board of 147
elections appointed in a county pursuant to section 3501.06 of the 148
Revised Code.149

       (T) "Political subdivision" means a county, township, city, 150
village, or school district.151

       (U) "Election officer" or "election official" means any of 152
the following:153

       (1) Secretary of state;154

       (2) Employees of the secretary of state serving the division 155
of elections in the capacity of attorney, administrative officer, 156
administrative assistant, elections administrator, office manager, 157
or clerical supervisor;158

       (3) Director of a board of elections;159

       (4) Deputy director of a board of elections;160

       (5) Member of a board of elections;161

       (6) Employees of a board of elections;162

       (7) Precinct polling place judges;163

       (8) Employees appointed by the boards of elections on a 164
temporary or part-time basis.165

       (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

       (W) "Confirmation notice" means a notice sent by a board of 173
elections, on a form prescribed by the secretary of state, to a 174
registered elector to confirm the registered elector's current 175
address.176

       (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

       (Y) "National Voter Registration Act of 1993" means the 194
"National Voter Registration Act of 1993," 107 Stat. 77, 42 195
U.S.C.A. 1973gg.196

       (Z) "Voting Rights Act of 1965" means the "Voting Rights Act 197
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.198

       (AA) "Photo identification" means a document that meets each 199
of the following requirements:200

        (1) It shows the name of the individual to whom it was 201
issued, which shall conform to the name in the poll list or 202
signature pollbook.203

        (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

        (3) It shows a photograph of the individual to whom it was 212
issued.213

        (4) It includes an expiration date that has not passed.214

        (5) It was issued by the government of the United States or 215
this state.216

       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

       (B) Every designated agency, public high school and 226
vocational school, public library, and office of a county 227
treasurer shall provide in each of its offices or locations voter 228
registration applications and assistance in the registration of 229
persons qualified to register to vote, in accordance with this 230
chapter.231

       (C) Every designated agency shall distribute to its 232
applicants, prior to or in conjunction with distributing a voter 233
registration application, a form prescribed by the secretary of 234
state that includes all of the following:235

       (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

       (2) If the agency provides public assistance, the statement, 242
"Applying to register or declining to register to vote will not 243
affect the amount of assistance that you will be provided by this 244
agency.";245

       (3) The statement, "If you would like help in filling out the 246
voter registration application form, we will help you. The 247
decision whether to seek or accept help is yours. You may fill out 248
the application form in private.";249

       (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

       (D) Each designated agency shall distribute a voter 258
registration form prescribed by the secretary of state to each 259
applicant with each application for service or assistance, and 260
with each written application or form for recertification, 261
renewal, or change of address.262

       (E) Each designated agency shall do all of the following:263

       (1) Have employees trained to administer the voter 264
registration program in order to provide to each applicant who 265
wishes to register to vote and who accepts assistance, the same 266
degree of assistance with regard to completion of the voter 267
registration application as is provided by the agency with regard 268
to the completion of its own form;269

       (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

       (3) If the designated agency is one that is primarily engaged 281
in providing services to persons with disabilities under a 282
state-funded program, and that agency provides services to a 283
person with disabilities at a person's home, provide the services 284
described in divisions (E)(1) and (2) of this section at the 285
person's home;286

       (4) Keep as confidential, except as required by the secretary 287
of state for record-keeping purposes, the identity of an agency 288
through which a person registered to vote or updated the person's 289
voter registration records, and information relating to a 290
declination to register to vote made in connection with a voter 291
registration application issued by a designated agency.292

       (F) The secretary of state shall prepare and transmit written 293
instructions on the implementation of the voter registration 294
program within each designated agency, public high school and 295
vocational school, public library, and office of a county 296
treasurer. The instructions shall include directions as follows:297

       (1) That each person designated to assist with voter 298
registration maintain strict neutrality with respect to a person's 299
political philosophies, a person's right to register or decline to 300
register, and any other matter that may influence a person's 301
decision to register or not register to vote;302

       (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

       (3) Regarding when and how to assist a person in completing 312
the voter registration application, what to do with the completed 313
voter registration application or voter registration update form, 314
and when the application must be transmitted to the appropriate 315
board of elections;316

       (4) Regarding what records must be kept by the agency and 317
where and when those records should be transmitted to satisfy 318
reporting requirements imposed on the secretary of state under the 319
National Voter Registration Act of 1993;320

       (5) Regarding whom to contact to obtain answers to questions 321
about voter registration forms and procedures.322

       (G) If the voter registration activity is part of an in-class 323
voter registration program in a public high school or vocational 324
school, whether prescribed by the secretary of state or 325
independent of the secretary of state, the board of education 326
shall do all of the following:327

       (1) Establish a schedule of school days and hours during 328
these days when the person designated to assist with voter 329
registration shall provide voter registration assistance;330

       (2) Designate a person to assist with voter registration from 331
the public high school's or vocational school's staff;332

       (3) Make voter registration applications and materials 333
available, as outlined in the voter registration program 334
established by the secretary of state pursuant to section 3501.05 335
of the Revised Code;336

       (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

       (5) Establish a method by which the voter registration 346
application and other voter registration forms are transmitted to 347
the board of elections within five days after being accepted by 348
the public high school or vocational school.349

       (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

       (I) The secretary of state shall prepare and cause to be 358
displayed in a prominent location in each designated agency a 359
notice that identifies the person designated to assist with voter 360
registration, the nature of that person's duties, and where and 361
when that person is available for assisting in the registration of 362
voters.363

       A designated agency may furnish additional supplies and 364
services to disseminate information to increase public awareness 365
of the existence of a person designated to assist with voter 366
registration in every designated agency.367

       (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

       (K) Each public library and office of the county treasurer 374
shall establish a method by which voter registration forms are 375
transmitted to the board of elections within five days after being 376
accepted by the public library or office of the county treasurer.377

       (L) The department of job and family services and its 378
departments, divisions, and programs shall limit administration of 379
the aspects of the voter registration program for the department 380
to the requirements prescribed by the secretary of state and the 381
requirements of this section and the National Voter Registration 382
Act of 1993.383

       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 or deputy registrar shall send any completed 398
registration application or any completed change of residence or,399
change of name, or change of political party affiliation form to 400
the board of elections of the county in which the office of the 401
registrar or deputy registrar is located, within five days after 402
accepting the application or other form.403

       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

       Sec. 3503.14.  (A) The secretary of state shall prescribe the 424
form and content of the registration, change of residence, and425
change of name, and change of political party affiliation forms 426
used in this state. The forms shall meet the requirements of the 427
National Voter Registration Act of 1993 and shall include spaces 428
for all of the following:429

       (1) The voter's name;430

       (2) The voter's address;431

       (3) The current date;432

       (4) The voter's date of birth;433

       (5) The voter to provide one or more of the following:434

       (a) The voter's driver's license number, if any;435

       (b) The last four digits of the voter's social security 436
number, if any;437

       (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

       (6) The voter's signature.444

       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

       The registration form shall include a space on which the 462
person registering an applicant shall sign the person's name and 463
provide the person's address and a space on which the person 464
registering an applicant shall name the employer who is employing 465
that person to register the applicant.466

       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

        (B) None of the following persons who are registering an 476
applicant in the course of that official's or employee's normal 477
duties shall sign the person's name, provide the person's address, 478
or name the employer who is employing the person to register an 479
applicant on a form prepared under this section:480

       (1) An election official;481

       (2) A county treasurer;482

       (3) A deputy registrar of motor vehicles;483

       (4) An employee of a designated agency;484

       (5) An employee of a public high school;485

       (6) An employee of a public vocational school;486

       (7) An employee of a public library;487

       (8) An employee of the office of a county treasurer;488

       (9) An employee of the bureau of motor vehicles;489

       (10) An employee of a deputy registrar of motor vehicles;490

       (11) An employee of an election official.491

        (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

       (D) No registration, change of residence, or change of name, 504
or change of political party affiliation form shall be rejected 505
solely on the basis that a person registering an applicant failed 506
to sign the person's name or failed to name the employer who is 507
employing that person to register the applicant as required under 508
division (A) of this section.509

       (E) As used in this section, "registering an applicant" 510
includes any effort, for compensation, to provide voter 511
registration forms or to assist persons in completing or returning 512
those forms.513

       Sec. 3503.15.  (A) The secretary of state shall establish and 514
maintain a statewide voter registration database that shall be 515
continuously available to each board of elections and to other 516
agencies as authorized by law.517

       (B) The statewide voter registration database established 518
under this section shall be the official list of registered voters 519
for all elections conducted in this state.520

       (C) The statewide voter registration database established 521
under this section shall, at a minimum, include all of the 522
following:523

       (1) An electronic network that connects all board of 524
elections offices with the office of the secretary of state and 525
with the offices of all other boards of elections;526

       (2) A computer program that harmonizes the records contained 527
in the database with records maintained by each board of 528
elections;529

       (3) An interactive computer program that allows access to the 530
records contained in the database by each board of elections and 531
by any persons authorized by the secretary of state to add, 532
delete, modify, or print database records, and to conduct updates 533
of the database;534

       (4) A search program capable of verifying registered voters 535
and their registration information by name, driver's license 536
number, birth date, social security number, or current address;537

       (5) Safeguards and components to ensure that the integrity, 538
security, and confidentiality of the voter registration 539
information is maintained.540

       (D) The secretary of state shall adopt rules pursuant to 541
Chapter 119. of the Revised Code doing all of the following:542

       (1) Specifying the manner in which existing voter 543
registration records maintained by boards of elections shall be 544
converted to electronic files for inclusion in the statewide voter 545
registration database;546

       (2) Establishing a uniform method for entering voter 547
registration records into the statewide voter registration 548
database on an expedited basis, but not less than once per day, if 549
new registration information is received;550

       (3) Establishing a uniform method for purging canceled voter 551
registration records from the statewide voter registration 552
database in accordance with section 3503.21 of the Revised Code;553

       (4) Specifying the persons authorized to add, delete, modify, 554
or print records contained in the statewide voter registration 555
database and to make updates of that database;556

       (5) Establishing a process for annually auditing the 557
information contained in the statewide voter registration 558
database.559

       (E) A board of elections promptly shall purge a voter's name 560
and voter registration information from the statewide voter 561
registration database in accordance with the rules adopted by the 562
secretary of state under division (D)(3) of this section after the 563
cancellation of a voter's registration under section 3503.21 of 564
the Revised Code.565

       (F) The secretary of state shall provide training in the 566
operation of the statewide voter registration database to each 567
board of elections and to any persons authorized by the secretary 568
of state to add, delete, modify, or print database records, and to 569
conduct updates of the database.570

       (G)(1) The statewide voter registration database established 571
under this section shall be made available on a web site of the 572
office of the secretary of state as follows:573

       (a) Except as otherwise provided in division (G)(1)(b) of 574
this section, only the following information from the statewide 575
voter registration database regarding a registered voter shall be 576
made available on the web site:577

       (i) The voter's name;578

       (ii) The voter's address;579

       (iii) The voter's precinct number;580

       (iv) The voter's political party affiliation, if any;581

       (v) The voter's voting history.582

       (b) During the thirty days before the day of a primary or 583
general election, the web site interface of the statewide voter 584
registration database shall permit a voter to search for the 585
polling location at which that voter may cast a ballot. 586

       (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

       (3) During the thirty days before the day of a primary or 597
general election, not later than one business day after receiving 598
a notification from a county pursuant to division (G)(2) of this 599
section that the location of a precinct polling place has changed, 600
the secretary of state shall update that information on the 601
secretary of state's web site for the purpose of division 602
(G)(1)(b) of this section.603

       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

       (i) The polling place in the precinct in which that 677
registered elector resides;678

       (ii) The office of the board of elections or, if pursuant to 679
division (C) of section 3501.10 of the Revised Code the board has 680
designated another location in the county at which registered 681
electors may vote, at that other location instead of the office of 682
the board of elections.683

       (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

       (C) Any registered elector who moves from one county to 716
another county within the state on or prior to the day of a 717
general, primary, or special election and has not registered to 718
vote in the county to which that registered elector moved may vote 719
in that election if that registered elector complies with division 720
(G) of this section or does all of the following:721

       (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

       (2) Completes and signs, under penalty of election 742
falsification, a notice of change of residence and files it with 743
election officials at the board of elections or, if pursuant to 744
division (C) of section 3501.10 of the Revised Code the board has 745
designated another location in the county at which registered 746
electors may vote, at that other location instead of the office of 747
the board of elections;748

       (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

        Subject to division (C) of section 3501.10 of the Revised 783
Code, a board of elections may lease or otherwise acquire a site 784
different from the office of the board at which registered 785
electors may vote pursuant to division (B) or (C) of this section.786

       (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

       (3) Completes and returns along with the completed absent 837
voter's ballot a notice of change of residence indicating the 838
address to which the registered elector has moved, or a notice of 839
change of name, whichever is appropriate;840

       (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

       (b) Subject to division (B)(2)(c) of this section, an 953
applicant may return the applicant's completed registration form 954
through another person to any board of elections or the office of 955
the secretary of state.956

       (c) A person who receives compensation for registering a 957
voter shall return any registration form entrusted to that person 958
by an applicant to any board of elections or to the office of the 959
secretary of state.960

       (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

       (C)(1) A board of elections that receives a voter 975
registration application and is satisfied as to the truth of the 976
statements made in the registration form shall register the 977
applicant not later than twenty business days after receiving the 978
application, unless that application is received during the thirty 979
days immediately preceding the day of an election. The board shall 980
promptly notify the applicant in writing of each of the following:981

       (a) The applicant's registration;982

       (b) The political party, if any, with which the applicant is 983
registered as affiliated;984

        (c) The precinct in which the applicant is to vote;985

       (c)(d) In bold type as follows:986

       "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

        The notification shall be by nonforwardable mail. If the mail 999
is returned to the board, it shall investigate and cause the 1000
notification to be delivered to the correct address.1001

       (2) If, after investigating as required under division (C)(1) 1002
of this section, the board is unable to verify the voter's correct 1003
address, it shall cause the voter's name in the official 1004
registration list and in the poll list or signature pollbook to be 1005
marked to indicate that the voter's notification was returned to 1006
the board.1007

       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. All1040

       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

        All the names, insofar as practicable, shall be arranged in 1049
alphabetical order. The lists may be prepared either in sheet form 1050
on one side of the paper or in electronic form, at the discretion 1051
of the board. Each precinct list shall be headed "Register of 1052
Voters," and under the heading shall be indicated the district or 1053
ward and precinct.1054

       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

       (B) On the day of a general or primary election, precinct 1064
election officials shall do both of the following:1065

       (1) By the time the polls open, conspicuously post and 1066
display at the polling place one copy of the registration list of 1067
voters in that precinct in an area of the polling place that is 1068
easily accessible;1069

       (2) At 11 a.m. and 4 p.m. place a mark, on the official 1070
registration list posted at the polling place, before the name of 1071
those registered voters who have voted.1072

       (C) Notwithstanding division (B) of section 3501.35 of the 1073
Revised Code, any person may enter the polling place for the sole 1074
purpose of reviewing the official registration list posted in 1075
accordance with division (B) of this section, provided that the 1076
person does not engage in conduct that would constitute harassment 1077
in violation of the election law, as defined in section 3501.90 of 1078
the Revised Code.1079

       Sec. 3505.181.  (A) All of the following individuals shall be 1080
permitted to cast a provisional ballot at an election:1081

       (1) An individual who declares that the individual is a 1082
registered voter in the jurisdiction in which the individual 1083
desires to vote and that the individual is eligible to vote in an 1084
election, but the name of the individual does not appear on the 1085
official list of eligible voters for the polling place or an 1086
election official asserts that the individual is not eligible to 1087
vote;1088

       (2) An individual who has a social security number and 1089
provides to the election officials the last four digits of the 1090
individual's social security number as permitted by division 1091
(A)(2) of section 3505.18 of the Revised Code;1092

       (3) An individual who has but is unable to provide to the 1093
election officials any of the forms of identification required 1094
under division (A)(1) of section 3505.18 of the Revised Code and 1095
who has a social security number but is unable to provide the last 1096
four digits of the individual's social security number as 1097
permitted under division (A)(2) of that section;1098

       (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

       (5) An individual whose name in the poll list or signature 1106
pollbook has been marked under section 3509.09 or 3511.13 of the 1107
Revised Code as having requested an absent voter's ballot or an 1108
armed service absent voter's ballot for that election and who 1109
appears to vote at the polling place;1110

       (6) An individual whose notification of registration has been 1111
returned undelivered to the board of elections and whose name in 1112
the official registration list and in the poll list or signature 1113
pollbook has been marked under division (C)(2) of section 3503.19 1114
of the Revised Code;1115

       (7) An individual who is challenged under section 3505.20 of 1116
the Revised Code and the election officials determine that the 1117
person is ineligible to vote or are unable to determine the 1118
person's eligibility to vote;1119

       (8) An individual whose application or challenge hearing has 1120
been postponed until after the day of the election under division 1121
(D)(1) of section 3503.24 of the Revised Code;1122

       (9) An individual who changes the individual's name and 1123
remains within the precinct, moves from one precinct to another 1124
within a county, moves from one precinct to another and changes 1125
the individual's name, or moves from one county to another within 1126
the state, and completes and signs the required forms and 1127
statements under division (B) or (C) of section 3503.16 of the 1128
Revised Code;1129

       (10) An individual whose signature, in the opinion of the 1130
precinct officers under section 3505.22 of the Revised Code, is 1131
not that of the person who signed that name in the registration 1132
forms;1133

       (11) An individual who is challenged under section 3513.201134
3513.19 of the Revised Code who refuses to make the statement 1135
required under that section or whobecause a majority of the 1136
precinct officials find that the individual lacks any of the 1137
qualifications to make the individual a qualified elector or 1138
because the individual's name does not appear in the poll list as 1139
affiliated with the political party whose ballot the individual 1140
seeks to vote;1141

       (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

       (13) An individual who has but declines to provide to the 1149
precinct election officials any of the forms of identification 1150
required under division (A)(1) of section 3501.18 of the Revised 1151
Code or who has a social security number but declines to provide 1152
to the precinct election officials the last four digits of the 1153
individual's social security number.1154

       (B) An individual who is eligible to cast a provisional 1155
ballot under division (A) of this section shall be permitted to 1156
cast a provisional ballot as follows:1157

       (1) An election official at the polling place shall notify 1158
the individual that the individual may cast a provisional ballot 1159
in that election.1160

       (2) The individual shall be permitted to cast a provisional 1161
ballot at that polling place upon the execution of a written 1162
affirmation by the individual before an election official at the 1163
polling place stating that the individual is both of the 1164
following:1165

       (a) A registered voter in the jurisdiction in which the 1166
individual desires to vote;1167

       (b) Eligible to vote in that election.1168

       (3) An election official at the polling place shall transmit 1169
the ballot cast by the individual, the voter information contained 1170
in the written affirmation executed by the individual under 1171
division (B)(2) of this section, or the individual's name if the 1172
individual declines to execute such an affirmation to an 1173
appropriate local election official for verification under 1174
division (B)(4) of this section.1175

       (4) If the appropriate local election official to whom the 1176
ballot or voter or address information is transmitted under 1177
division (B)(3) of this section determines that the individual is 1178
eligible to vote, the individual's provisional ballot shall be 1179
counted as a vote in that election.1180

       (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

       (8) During the ten days after the day of an election, an 1238
individual who casts a provisional ballot pursuant to division 1239
(A)(3), (7), (12), or (13) of this section shall appear at the 1240
office of the board of elections and provide to the board any 1241
additional information necessary to determine the eligibility of 1242
the individual who cast the provisional ballot.1243

       (a) For a provisional ballot cast pursuant to division 1244
(A)(3), (12), or (13) of this section to be eligible to be 1245
counted, the individual who cast that ballot, within ten days 1246
after the day of the election, shall do any of the following:1247

       (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

       (ii) Provide to the board of elections the last four digits 1256
of the individual's social security number;1257

       (iii) In the case of a provisional ballot executed pursuant 1258
to division (A)(12) of this section, execute an affirmation as 1259
permitted under division (A)(4) of section 3505.18 of the Revised 1260
Code.1261

       (b) For a provisional ballot cast pursuant to division (A)(7) 1262
of this section to be eligible to be counted, the individual who 1263
cast that ballot, within ten days after the day of that election, 1264
shall provide to the board of elections any identification or 1265
other documentation required to be provided by the applicable 1266
challenge questions asked of that individual under section 3505.20 1267
of the Revised Code.1268

       (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

       (2) If the individual refuses to travel to the polling place 1283
for the correct jurisdiction or to the office of the board of 1284
elections to cast a ballot, the individual shall be permitted to 1285
vote a provisional ballot at that jurisdiction in accordance with 1286
division (B) of this section. If any of the following apply, the 1287
provisional ballot cast by that individual shall not be opened or 1288
counted:1289

       (a) The individual is not properly registered in that 1290
jurisdiction.1291

       (b) The individual is not eligible to vote in that election 1292
in that jurisdiction.1293

       (c) The individual's eligibility to vote in that jurisdiction 1294
in that election cannot be established upon examination of the 1295
records on file with the board of elections.1296

       (D) The appropriate local election official shall cause 1297
voting information to be publicly posted at each polling place on 1298
the day of each election.1299

       (E) As used in this section and sections 3505.182 and 1300
3505.183 of the Revised Code:1301

       (1) "Jurisdiction" means the precinct in which a person is a 1302
legally qualified elector.1303

       (2) "Precinct voting location guide" means either of the 1304
following:1305

        (a) An electronic or paper record that lists the correct 1306
jurisdiction and polling place for either each specific 1307
residential street address in the county or the range of 1308
residential street addresses located in each neighborhood block in 1309
the county;1310

        (b) Any other method that a board of elections creates that 1311
allows a precinct election official or any elector who is at a 1312
polling place in that county to determine the correct jurisdiction 1313
and polling place of any qualified elector who resides in the 1314
county.1315

        (3) "Voting information" means all of the following:1316

       (a) A sample version of the ballot that will be used for that 1317
election;1318

       (b) Information regarding the date of the election and the 1319
hours during which polling places will be open;1320

       (c) Instructions on how to vote, including how to cast a vote 1321
and how to cast a provisional ballot;1322

       (d) Instructions for mail-in registrants and first-time 1323
voters under applicable federal and state laws;1324

       (e) General information on voting rights under applicable 1325
federal and state laws, including information on the right of an 1326
individual to cast a provisional ballot and instructions on how to 1327
contact the appropriate officials if these rights are alleged to 1328
have been violated;1329

       (f) General information on federal and state laws regarding 1330
prohibitions against acts of fraud and misrepresentation.1331

       (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

       Sec. 3505.182.  Each individual who casts a provisional 1341
ballot under section 3505.181 of the Revised Code shall execute a 1342
written affirmation. The form of the written affirmation shall be 1343
printed upon the face of the provisional ballot envelope and shall 1344
be substantially as follows:1345

"Provisional Ballot Affirmation
1346

STATE OF OHIO1347

       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, or1357
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

       I hereby declare, under penalty of election falsification, 1365
that the above statements are true and correct to the best of my 1366
knowledge and belief.1367

1368
(Signature of Voter) 1369
1370
(Voter's date of birth) 1371

The last four digits of the voter's social security number 1372
1373
(To be provided if the voter is unable to provide a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits) 1374
The political party with which the voter is registered as affiliated . . . . . . . . . . . . . . . (To be provided if the provisional ballot is a primary election ballot.) 1375

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 1376
OF THE FIFTH DEGREE.1377

Additional Information For Determining Ballot Validity
1378

(May be completed at voter's discretion)
1379

Voter's current address: 1380
Voter's former address if photo identification does not contain voter's current address 1381
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number 1382
(Please circle number type) 1383
(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.) 1384
Reason for voting provisional ballot (Check one): 1385
     ..... Requested, but did not receive, absent voter's ballot 1386
     ..... Other 1387

Verification Statement
1388

(To be completed by election official)
1389

       The Provisional Ballot Affirmation printed above was 1390
subscribed and affirmed before me this .......... day of 1391
.......... (Month), .......... (Year).1392

       (If applicable, the election official must check the 1393
following true statement concerning additional information needed 1394
to determine the eligibility of the provisional voter.) 1395

       ...... The provisional voter is required to provide 1396
additional information to the board of elections.1397

       ...... An application or challenge hearing regarding this 1398
voter has been postponed until after the election. 1399

       (The election official must check the following true 1400
statement concerning identification provided by the provisional 1401
voter, if any.)1402

       ...... The provisional voter provided a current and valid 1403
photo identification.1404

       ...... The provisional voter provided a current valid photo 1405
identification, other than a driver's license or a state 1406
identification card, with the voter's former address instead of 1407
current address and has provided the election official both the 1408
current and former addresses.1409

       ...... 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 provided the last four digits of 1416
the voter's social security number.1417

       ...... 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

1463
(Signature of Election Official)" 1464

       In addition to any information required to be included on the 1465
written affirmation, an individual casting a provisional ballot 1466
may provide additional information to the election official to 1467
assist the board of elections in determining the individual's 1468
eligibility to vote in that election, including the date and 1469
location at which the individual registered to vote, if known.1470

       If the individual declines to execute the affirmation, an 1471
appropriate local election official shall comply with division 1472
(B)(6) of section 3505.181 of the Revised Code.1473

       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

       (a) The individual's name and signature;1506

       (b) A statement that the individual is a registered voter in 1507
the jurisdiction in which the provisional ballot is being voted;1508

       (c) A statement that the individual is eligible to vote in 1509
the election in which the provisional ballot is being voted;1510

       (d) If the election is a primary election, a statement that 1511
the individual is registered as affiliated with the political 1512
party whose ballot the individual has voted.1513

       (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

       (a) The individual named on the affirmation is properly 1533
registered to vote.1534

       (b) The individual named on the affirmation is eligible to 1535
cast a ballot in the precinct and for the election in which the 1536
individual cast the provisional ballot.1537

       (c) If the election is a primary election, the individual 1538
named on the affirmation is registered as affiliated with the 1539
political party whose ballot the individual has voted.1540

       (d) The individual provided all of the information required 1541
under division (B)(1) of this section in the affirmation that the 1542
individual executed at the time the individual cast the 1543
provisional ballot.1544

       (d)(e) The last four digits of the elector's social security 1545
number or the elector's driver's license number or state 1546
identification number are not different from the last four digits 1547
of the elector's social security number or the elector's driver's 1548
license number or state identification number contained in the 1549
statewide voter registration database.1550

       (e)(f) If applicable, the individual provided any additional 1551
information required under division (B)(8) of section 3505.181 of 1552
the Revised Code within ten days after the day of the election.1553

       (f)(g) If applicable, the hearing conducted under division 1554
(B) of section 3503.24 of the Revised Code after the day of the 1555
election resulted in the individual's inclusion in the official 1556
registration list.1557

       (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

       (i) The individual named on the affirmation is not qualified 1565
or is not properly registered to vote.1566

       (ii) The individual named on the affirmation is not eligible 1567
to cast a ballot in the precinct or for the election in which the 1568
individual cast the provisional ballot.1569

       (iii) If the election is a primary election, the individual 1570
named on the affirmation is not registered as affiliated with the 1571
political party whose ballot the individual has voted.1572

       (iv) The individual did not provide all of the information 1573
required under division (B)(1) of this section in the affirmation 1574
that the individual executed at the time the individual cast the 1575
provisional ballot.1576

       (iv)(v) The individual has already cast a ballot for the 1577
election in which the individual cast the provisional ballot.1578

       (v)(vi) If applicable, the individual did not provide any 1579
additional information required under division (B)(8) of section 1580
3505.181 of the Revised Code within ten days after the day of the 1581
election.1582

       (vi)(vii) If applicable, the hearing conducted under division 1583
(B) of section 3503.24 of the Revised Code after the day of the 1584
election did not result in the individual's inclusion in the 1585
official registration list.1586

       (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

       (viii)(ix) The last four digits of the elector's social 1596
security number or the elector's driver's license number or state 1597
identification number are different from the last four digits of 1598
the elector's social security number or the elector's driver's 1599
license number or state identification number contained in the 1600
statewide voter registration database.1601

       (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

       (i) WhetherThe board is unable to determine whether the 1610
individual named on the affirmation is qualified or properly 1611
registered to vote;1612

       (ii) WhetherThe board is unable to determine whether the 1613
individual named on the affirmation is eligible to cast a ballot 1614
in the precinct or for the election in which the individual cast 1615
the provisional ballot;1616

       (iii) If the election is a primary election, the board is 1617
unable to determine whether the individual named on the 1618
affirmation is registered as affiliated with the political party 1619
whose ballot the individual has voted.1620

       (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

       (2) Provisional ballots that are rejected under division 1628
(B)(4) of this section shall not be counted but shall be preserved 1629
in their provisional ballot envelopes unopened until the time 1630
provided by section 3505.31 of the Revised Code for the 1631
destruction of all other ballots used at the election for which 1632
ballots were provided, at which time they shall be destroyed.1633

       (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

       (E)(1) Except as otherwise provided in division (E)(2) of 1648
this section, nothing in this section shall prevent a board of 1649
elections from examining provisional ballot affirmations and 1650
additional information under divisions (B)(1) and (2) of this 1651
section to determine the eligibility of provisional ballots to be 1652
counted during the ten days after the day of an election.1653

       (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

       Sec. 3509.03.  Except as provided in division (B) of section 1667
3509.08 of the Revised Code, any qualified elector desiring to 1668
vote absent voter's ballots at an election shall make written 1669
application for those ballots to the director of elections of the 1670
county in which the elector's voting residence is located. The 1671
application need not be in any particular form but shall contain 1672
all of the following:1673

       (A) The elector's name;1674

       (B) The elector's signature;1675

       (C) The address at which the elector is registered to vote;1676

       (D) The elector's date of birth;1677

       (E) One of the following:1678

       (1) The elector's driver's license number;1679

       (2) The last four digits of the elector's social security 1680
number;1681

       (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

       (F) A statement identifying the election for which absent 1689
voter's ballots are requested;1690

       (G) A statement that the person requesting the ballots is a 1691
qualified elector;1692

       (H) If the request is for primary election ballots, the 1693
elector's:1694

       (1) The political party affiliationwith which the elector is 1695
registered as affiliated; or1696

       (2) A statement that the elector wishes to vote only for the 1697
questions and issues appearing on the ballot in a special election 1698
held on the day of the primary election; and1699

       (I) If the elector desires ballots to be mailed to the 1700
elector, the address to which those ballots shall be mailed.1701

       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

       (1) The elector's name;1735

       (2) The elector's signature;1736

       (3) The address at which the elector is registered to vote;1737

       (4) The elector's date of birth;1738

       (5) One of the following:1739

       (a) The elector's driver's license number;1740

       (b) The last four digits of the elector's social security 1741
number;1742

       (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

       (6) A statement identifying the election for which absent 1750
voter's ballots are requested;1751

       (7) A statement that the person requesting the ballots is a 1752
qualified elector;1753

       (8) A statement that the elector is an absent uniformed 1754
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;1755

       (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

       (10) If the request is for primary election ballots, the 1764
elector's:1765

       (a) The political party affiliationwith which the elector is 1766
registered as affiliated; or1767

       (2) A statement that the elector wishes to vote only for the 1768
questions and issues appearing on the ballot in a special election 1769
held on the day of the primary election;1770

       (11) If the elector desires ballots to be mailed to the 1771
elector, the address to which those ballots shall be mailed;1772

       (12) If the elector desires ballots to be sent to the elector 1773
by facsimile machine, the telephone number to which they shall be 1774
so sent;1775

       (13) If the elector desires ballots to be sent to the elector 1776
by electronic mail or, if offered by the board of elections or the 1777
secretary of state, through internet delivery, the elector's 1778
electronic mail address or other internet contact information.1779

       (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

       (1) The full name of the elector for whom ballots are 1810
requested;1811

       (2) A statement that the elector is an absent uniformed 1812
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;1813

       (3) The address at which the elector is registered to vote;1814

       (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

        (5) The elector's date of birth;1823

       (6) One of the following:1824

       (a) The elector's driver's license number;1825

       (b) The last four digits of the elector's social security 1826
number;1827

       (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

       (7) A statement identifying the election for which absent 1835
voter's ballots are requested;1836

       (8) A statement that the person requesting the ballots is a 1837
qualified elector;1838

       (9) If the request is for primary election ballots, the 1839
elector's:1840

       (a) The political party affiliationwith which the elector is 1841
registered as affiliated; or1842

       (2) A statement that the elector wishes to vote only for the 1843
questions and issues appearing on the ballot in a special election 1844
held on the day of the primary election;1845

        (10) A statement that the applicant bears a relationship to 1846
the elector as specified in division (C) of this section;1847

        (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

        (12) The signature and address of the person making the 1855
application.1856

       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

       (D) If the voter for whom the application is made is entitled 1868
to vote for presidential and vice-presidential electors only, the 1869
applicant shall submit to the director in addition to the 1870
requirements of divisions (A), (B), and (C) of this section, a 1871
statement to the effect that the voter is qualified to vote for 1872
presidential and vice-presidential electors and for no other 1873
offices.1874

       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 years1956
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

       Each separate petition paper shall be circulated by one 1978
person only, who shall be the candidate or a joint candidate or a 1979
member of the same political party as the candidate or joint 1980
candidates, and each separate petition paper shall be governed by 1981
the rules set forth in section 3501.38 of the Revised Code.1982

       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

       A protest against the candidacy of any persons filing a 2044
declaration of candidacy for joint party nomination to the offices 2045
of governor and lieutenant governor shall be filed, heard, and 2046
determined in the same manner as a protest against the candidacy 2047
of any person filing a declaration of candidacy singly.2048

       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

       If a special election on a question or issue is held on the 2083
day of a primary election, there shall be provided in the 2084
pollbooks pages on which shall be recorded the names of all 2085
electors voting on said question or issue and not voting in such 2086
primary. It shall not be necessary for electors desiring to vote 2087
only on the question or issue to declare theirbe affiliated with 2088
a political affiliationparty.2089

       Sec. 3513.19.  (A) It is the duty of any judge of elections, 2090
whenever any judge of elections doubts that a person attempting to 2091
vote at a primary election is legally entitled to vote at that 2092
election, to challenge the right of that person to vote. The right 2093
of a person to vote at a primary election may be challenged upon 2094
the following grounds:2095

       (1) That the person whose right to vote is challenged is not 2096
a legally qualified elector;2097

       (2) That the person has received or has been promised some 2098
valuable reward or consideration for the person's vote;2099

       (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

       (a) If the person voted as a member of a different political 2111
party at any primary election within the current year and the 2112
immediately preceding two calendar years, being a candidate for 2113
nomination at a party primary held during the times specified in 2114
division (C)(2) of section 3513.191 of the Revised Code provided 2115
that the person complies with the requirements of that section;2116

       (b) Circulating the person's own petition of candidacy for 2117
party nomination in the primary election.2118

       (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

       Sec. 3513.191.  (A) No person shall be a candidate for 2132
nomination or election at a party primary if the person voted as a 2133
member of a different political party at any primary election 2134
within the current year and the immediately preceding two calendar 2135
yearsperson's voter registration record does not indicate that 2136
the person is affiliated with that political party.2137

       (B) Notwithstanding division (A) of this section, either of 2138
the following persons may be candidates for nomination of any 2139
political party at a party primary:2140

       (1) A person who does not hold an elective office;2141

       (2) A person who holds an elective office other than one for 2142
which candidates are nominated at a party primary.2143

       (C)(1) Notwithstanding division (A) of this section, aA2144
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

        (a) Registers to vote as a member of the person's new 2153
political party;2154

        (b) Files a declaration of intent to seek the nomination of 2155
thatthe person's new party and if, by filing the declaration, the 2156
person has; and 2157

       (c) Has not violated division (C)(3)(B)(4) of this section. 2158
The2159

       (2) The declaration of intent shall:2160

       (a) Be filed not later than four p.m. of the thirtieth day 2161
before a declaration of candidacy and petition is required to be 2162
filed under section 3513.05 of the Revised Code;2163

       (b) Be filed with the same official with whom the person 2164
filing the declaration of intent is required to file a declaration 2165
of candidacy and petition;2166

       (c) Indicate the political party whose nomination in the 2167
primary election the person seeks;2168

       (d) Be on a form prescribed by the secretary of state.2169

       (2)(3) No person filing a declaration of intent under 2170
division (C)(B)(1) of this section shall be a candidate at any 2171
primary election for nomination for an elective office for which 2172
candidates are nominated at a party primary during the calendar 2173
year in which the person files the declaration or during the next 2174
calendar year except as a candidate of the party indicated under 2175
division (C)(1)(B)(2)(c) of this section.2176

       (3)(4) No person who files a declaration of intent under 2177
division (C)(B)(1) of this section shall file another such 2178
declaration for a period of ten years after the declaration is 2179
filed.2180

       (4) Notwithstanding the seventh paragraph of section 3513.05 2181
of the Revised Code, a person who complies with this section may 2182
circulate that person's own petition of candidacy for party 2183
nomination at the party primary at which the person seeks 2184
nomination under this section.2185

       Sec. 3513.192.  Any candidate nominated at a party primary 2186
election who, before that primary election, registers as 2187
affiliated with and votes in that primary election as a member of 2188
a political party different from the party that nominated the 2189
candidate shall forfeit the nomination, and the vacancy so created 2190
shall be filled in accordance with section 3513.31 of the Revised 2191
Code.2192

       Sec. 3517.013. SectionDivision (B) of section 3513.191 of 2193
the Revised Code does not apply to persons desiring to become 2194
candidates for party nomination of a newly formed political party 2195
meeting the requirements of sections 3517.011 and 3517.012 of the 2196
Revised Code for a period of four calendar years from the date of 2197
the party formation.2198

       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

       (A) Registering or refraining from registering to vote;2205

       (B) Agreeing to register or to refrain from registering to 2206
vote;2207

       (C) Agreeing to vote or to refrain from voting;2208

       (D) Voting or refraining from voting at any primary, general, 2209
or special election or convention for a particular person, 2210
question, or issue;2211

       (E) Registering or voting, or refraining from registering or 2212
voting, or voting or refraining from voting for a particular 2213
person, question, or issue;2214

       (F) Registering, or refraining from registering, as 2215
affiliated with a political party.2216

       Whoever violates this section is guilty of bribery, a felony 2217
of the fourth degree, and shall be disfranchised and excluded from 2218
holding any public office for five years immediately following 2219
such conviction.2220

       Sec. 3599.11.  (A) No person shall knowingly registerdo any 2221
of the following:2222

       (1) Knowingly register or make application or attempt to 2223
register in a precinct in which the person is not a qualified 2224
voter or as affiliated with a political party with which the 2225
person does not desire to be affiliated or whose principles the 2226
person does not support; or knowingly aid or abet any person to so 2227
register; or attempt to register or knowingly induce or attempt to 2228
induce any person to so register; or knowingly2229

       (2) Knowingly impersonate another or write or assume the name 2230
of another, real or fictitious, in registering or attempting to 2231
register; or by2232

       (3) By false statement or other unlawful means procure, aid, 2233
or attempt to procure the erasure or striking out on the register 2234
or duplicate list of the name of a qualified elector therein; or 2235
knowingly2236

       (4) Knowingly induce or attempt to induce a registrar or 2237
other election authority to refuse registration in a precinct to 2238
an elector thereof; or knowingly2239

       (5) Knowingly swear or affirm falsely upon a lawful 2240
examination by or before any registering officer; or make2241

       (6) Make, print, or issue any false or counterfeit 2242
certificate of registration or knowingly alter any certificate of 2243
registration.2244

       No person shall knowingly;2245

       (7) Knowingly register under more than one name or knowingly 2246
induce any person to so register.2247

       No person shall knowingly; or2248

       (8) Knowingly make any false statement on any form for 2249
registration or change of registration or upon any application or 2250
return envelope for an absent voter's ballot.2251

       Whoever violates this division (A) of this section is guilty 2252
of a felony of the fifth degree.2253

       (B)(1) No person who helps another person register outside an 2254
official voter registration place shall knowingly destroy, or 2255
knowingly help another person to destroy, any completed 2256
registration form.2257

       Whoever violates this division is guilty of election 2258
falsification, a felony of the fifth degree.2259

       (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

       (b) Subject to division (C)(2) of this section, no person who 2280
helps another person register outside an official registration 2281
place shall knowingly return any registration form entrusted to 2282
that person to any location other than any board of elections or 2283
the office of the secretary of state.2284

       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

       (2) No person who receives compensation for registering a 2314
voter shall knowingly return any registration form entrusted to 2315
that person to any location other than any board of elections or 2316
the office of the secretary of state.2317

       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

       (D) As used in division (C) of this section, "registering a 2327
voter" includes any effort, for compensation, to provide voter 2328
registration forms or to assist persons in completing or returning 2329
those forms.2330

       Sec. 3599.18.  (A) No election official, person assisting in 2331
the registration of electors, or police officer shall knowingly do 2332
any of the following:2333

       (1) Refuse, neglect, or unnecessarily delay, hinder, or 2334
prevent the registration of a qualified elector, who in a lawful 2335
manner applies for registration;2336

       (2) Enter or consent to the entry of a fictitious name on a 2337
voter registration list;2338

       (3) Alter the name, political party affiliation, or lack of 2339
political party affiliation on, or remove or destroy, the 2340
registration card or form of any qualified elector;2341

       (4) Neglect, unlawfully execute, or fail to execute any duty 2342
enjoined upon that person as an election official, person 2343
assisting in the registration of electors, or police officer.2344

       (B) Whoever violates division (A) of this section is guilty 2345
of a misdemeanor of the first degree.2346

       Sec. 4507.06.  (A)(1) Every application for a driver's 2347
license or motorcycle operator's license or endorsement, or 2348
duplicate of any such license or endorsement, shall be made upon 2349
the approved form furnished by the registrar of motor vehicles and 2350
shall be signed by the applicant.2351

       Every application shall state the following:2352

       (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

       (c) Whether the applicant is now or ever has been afflicted 2363
with epilepsy, or whether the applicant now is suffering from any 2364
physical or mental disability or disease and, if so, the nature 2365
and extent of the disability or disease, giving the names and 2366
addresses of physicians then or previously in attendance upon the 2367
applicant;2368

       (d) Whether an applicant for a duplicate driver's license, or 2369
duplicate license containing a motorcycle operator endorsement has 2370
pending a citation for violation of any motor vehicle law or 2371
ordinance, a description of any such citation pending, and the 2372
date of the citation;2373

       (e) If an applicant has not certified the applicant's 2374
willingness to make an anatomical gift under section 2108.05 of 2375
the Revised Code, whether the applicant wishes to certify 2376
willingness to make such an anatomical gift, which shall be given 2377
no consideration in the issuance of a license or endorsement;2378

       (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

       (2) Every applicant for a driver's license shall be 2394
photographed in color at the time the application for the license 2395
is made. The application shall state any additional information 2396
that the registrar requires.2397

       (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

       Section 3. That the version of section 4507.06 of the Revised 2434
Code that is scheduled to take effect January 1, 2017, be amended 2435
to read as follows:2436

       Sec. 4507.06.  (A)(1) Every application for a driver's 2437
license, motorcycle operator's license or endorsement, or 2438
motor-driven cycle or motor scooter license or endorsement, or 2439
duplicate of any such license or endorsement, shall be made upon 2440
the approved form furnished by the registrar of motor vehicles and 2441
shall be signed by the applicant.2442

       Every application shall state the following:2443

       (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

       (c) Whether the applicant is now or ever has been afflicted 2454
with epilepsy, or whether the applicant now is suffering from any 2455
physical or mental disability or disease and, if so, the nature 2456
and extent of the disability or disease, giving the names and 2457
addresses of physicians then or previously in attendance upon the 2458
applicant;2459

       (d) Whether an applicant for a duplicate driver's license, 2460
duplicate license containing a motorcycle operator endorsement, or 2461
duplicate license containing a motor-driven cycle or motor scooter 2462
endorsement has pending a citation for violation of any motor 2463
vehicle law or ordinance, a description of any such citation 2464
pending, and the date of the citation;2465

       (e) If an applicant has not certified the applicant's 2466
willingness to make an anatomical gift under section 2108.05 of 2467
the Revised Code, whether the applicant wishes to certify 2468
willingness to make such an anatomical gift, which shall be given 2469
no consideration in the issuance of a license or endorsement;2470

       (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

       (2) Every applicant for a driver's license shall be 2486
photographed in color at the time the application for the license 2487
is made. The application shall state any additional information 2488
that the registrar requires.2489

       (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 4. That the existing version of section 4507.06 of 2518
the Revised Code that is scheduled to take effect January 1, 2017, 2519
is hereby repealed.2520

       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

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