Bill Text: OH HB358 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To change the time by which absent voter's ballots must be ready, to authorize the Secretary of State to make emergency revisions in the armed service absent voting provisions, and to establish write-in absent voter's ballots for certain overseas voters who are unable to cast regular absent voter's ballots.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-11-10 - To Elections & Ethics [HB358 Detail]

Download: Ohio-2009-HB358-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 358

Representative Ujvagi 

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A BILL

To amend sections 3505.23, 3509.01, 3511.04, and

1

3511.10 and to enact sections 3509.032, 3511.14,

2

and 3512.01 to 3512.07 of the Revised Code to

3

change the time by which absent voter's ballots

4

must be ready, to authorize the Secretary of State

5

to make emergency revisions in the armed service

6

absent voting provisions, and to establish

7

write-in absent voter's ballots for certain

8

overseas voters who are unable to cast regular

9

absent voter's ballots.

10

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

Section 1. That sections 3505.23, 3509.01, 3511.04, and	11
3511.10 be amended and that sections 3509.032, 3511.14, 3512.01,	12
3512.02, 3512.03, 3512.04, 3512.05, 3512.06, and 3512.07 of the	13
Revised Code be enacted to read as follows:	14

Sec. 3505.23.  No voter shall be allowed to occupy a voting	15
compartment or use a voting machine more than five minutes when	16
all the voting compartments or machines are in use and voters are	17
waiting to occupy them. Except as otherwise provided by section	18
3505.24 of the Revised Code, no voter shall occupy a voting	19
compartment or machine with another person or speak to anyone, nor	20
shall anyone speak to the voter, while the voter is in a voting	21
compartment or machine.	22

In precincts that do not use voting machines the following	23
procedure shall be followed:	24

If a voter tears, soils, defaces, or erroneously marks a	25
ballot the voter may return it to the precinct election officials	26
and a second ballot shall be issued to the voter. Before returning	27
a torn, soiled, defaced, or erroneously marked ballot, the voter	28
shall fold it so as to conceal any marks the voter made upon it,	29
but the voter shall not remove Stub A therefrom. If the voter	30
tears, soils, defaces, or erroneously marks such second ballot,	31
the voter may return it to the precinct election officials, and a	32
third ballot shall be issued to the voter. In no case shall more	33
than three ballots be issued to a voter. Upon receiving a returned	34
torn, soiled, defaced, or erroneously marked ballot the precinct	35
election officials shall detach Stub A therefrom, write "Defaced"	36
on the back of such ballot, and place the stub and the ballot in	37
the separate containers provided therefor.	38

No elector shall leave the polling place until the elector	39
returns to the precinct election officials every ballot issued to	40
the elector with Stub A on each ballot attached thereto,	41
regardless of whether the elector has or has not placed any marks	42
upon the ballot.	43

Before leaving the voting compartment, the voter shall fold	44
each ballot marked by the voter so that no part of the face of the	45
ballot is visible, and so that the printing thereon indicating the	46
kind of ballot it is and the facsimile signatures of the members	47
of the board of elections are visible. The voter shall then leave	48
the voting compartment, deliver the voter's ballots, and state the	49
voter's name to the judge having charge of the ballot boxes, who	50
shall announce the name, detach Stub A from each ballot, and	51
announce the number on the stubs. The judges in charge of the	52
poll lists or poll books shall check to ascertain whether the	53
number so announced is the number on Stub B of the ballots issued	54
to such voter, and if no discrepancy appears to exist, the judge	55
in charge of the ballot boxes shall, in the presence of the voter,	56
deposit each such ballot in the proper ballot box and shall place	57
Stub A from each ballot in the container provided therefor. The	58
voter shall then immediately leave the polling place.	59

No ballot delivered by a voter to the judge in charge of the	60
ballot boxes with Stub A detached therefrom, and only ballots	61
provided in accordance with Title XXXV of the Revised Code, shall	62
be voted or deposited in the ballot boxes.	63

In marking a presidential ballot, the voter shall record the	64
vote in the manner provided on the ballot next to the names of the	65
candidates for the offices of president and vice-president. Such	66
ballot shall be considered and counted as a vote for each of the	67
candidates for election as presidential elector whose names were	68
certified to the secretary of state by the political party of such	69
nominees for president and vice-president.	70

In marking an office type ballot or nonpartisan ballot, the	71
voter shall record the vote in the manner provided on the ballot	72
next to the name of each candidate for whom the voter desires to	73
vote.	74

In marking a primary election ballot, the voter shall record	75
the vote in the manner provided on the ballot next to the name of	76
each candidate for whom the voter desires to vote. If the voter	77
desires to vote for the nomination of a person whose name is not	78
printed on the primary election ballot, the voter may do so by	79
writing such person's name on the ballot in the proper place	80
provided for such purpose.	81

In marking a questions and issues ballot, the voter shall	82
record the vote in the manner provided on the ballot at the left	83
or at the right of "YES" or "NO" or other words of similar import	84
which are printed on the ballot to enable the voter to indicate	85
how the voter votes in connection with each question or issue upon	86
which the voter desires to vote.	87

In marking any ballot on which a blank space has been	88
provided wherein an elector may write in the name of a person for	89
whom the elector desires to vote, the elector shall write such	90
person's name in such blank space and on no other place on the	91
ballot. Unless specific provision is made by statuteExcept as	92
otherwise provided in Chapter 3512. of the Revised Code, no blank	93
space shall be provided on a ballot for write-in votes, and any	94
names written on a ballot other than in a blank space provided	95
therefor shall not be counted or recorded.	96

Sec. 3509.01. (A) The board of elections of each county shall	97
provide absent voter's ballots for use at every primary and	98
general election, or special election to be held on the day	99
specified by division (E) of section 3501.01 of the Revised Code	100
for the holding of a primary election, designated by the general	101
assembly for the purpose of submitting constitutional amendments	102
proposed by the general assembly to the voters of the state. Those	103
ballots shall be the same size, shall be printed on the same kind	104
of paper, and shall be in the same form as has been approved for	105
use at the election for which those ballots are to be voted;	106
except that, in counties using marking devices, ballot cards may	107
be used for absent voter's ballots, and those absent voters shall	108
be instructed to record the vote in the manner provided on the	109
ballot cards. In counties where punch card ballots are used, those	110
absent voters shall be instructed to examine their marked ballot	111
cards and to remove any chads that remain partially attached to	112
them before returning them to election officials.The secretary	113
of state shall prescribe uniform standards for absent voter's	114
ballot materials, forms, and content. The boards of elections	115
shall adhere to the standards prescribed by the secretary of	116
state in preparing absent voter's ballots under this chapter.	117

The(B) Except for write-in absent voter's ballots authorized	118
under Chapter 3512. of the Revised Code, the rotation of names of	119
candidates and questions and issues shall be substantially	120
complied with on absent voter's ballots, within the limitation of	121
time allotted. Those ballots shall be designated as "Absent	122
Voter's Ballots." andExcept as otherwise provided in division	123
(D) of this section, those ballots shall be printed and ready for	124
use as follows:	125

(1) For overseas voters and absent uniformed services voters	126
eligible to vote under the "Uniformed and Overseas Citizens	127
Absentee Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	128
1973ff, et seq., as amended, and for all other voters who are	129
applying to vote absent voter's ballots other than in person,	130
ballots shall be printed and ready for use on the thirty-fifth	131
forty-fifth day before the day of theany election other than a	132
presidential primary election, except that those;	133

(2) For all voters, other than overseas voters and absent	134
uniformed services voters, who are applying to vote absent voter's	135
ballots in person, ballots shall be printed and ready for use	136
beginning on the twenty-first day before the day of the election	137
and shall continue to be available for use through five p.m. on	138
the last Saturday before the day of the election;	139

(3) For all voters who are applying to vote absent voter's	140
ballots other than in person, ballots shall be printed and ready	141
for use on the twenty-fifththirty-fifth day before the day of a	142
presidential primary election.	143

(C) Absent voter's ballots provided for use at a general or	144
primary election, or special election to be held on the day	145
specified by division (E) of section 3501.01 of the Revised Code	146
for the holding of a primary election, designated by the general	147
assembly for the purpose of submitting constitutional amendments	148
proposed by the general assembly to the voters of the state, shall	149
include only those questions, issues, and candidacies that have	150
been lawfully ordered submitted to the electors voting at that	151
election.	152

(D)(1) Absent voter's ballots for special elections held on	153
days other than the day on which general or primary elections are	154
held shall be ready for use as many days before the day of the	155
election as reasonably possible under the laws governing the	156
holding of that special election.	157

(2) Write-in absent voter's ballots authorized under Chapter	158
3512. of the Revised Code shall be printed and ready for use on	159
the ninetieth day before the day of any election.	160

(E) A copy of the absent voter's ballots shall be forwarded	161
by the director of the board in each county to the secretary of	162
state at least twenty-fivethirty-five days before the election.	163

As used in this section, "chad" and "punch card ballot" have	164
the same meanings as in section 3506.16 of the Revised Code.	165

Sec. 3509.032. Notwithstanding any provision of the Revised	166
Code to the contrary, the secretary of state may, by directive,	167
change any of the processes or timelines for sending, casting, or	168
returning an absent voter's ballot to a member of the organized	169
militia who applies for such a ballot under section 3509.031 of	170
the Revised Code when the secretary of state determines that such	171
change is necessary due to a national or local emergency or other	172
situation, including the mobilization of the organized militia.	173

Sec. 3511.04.  (A) If a director of a board of elections	174
receives an application for armed service absent voter's ballots	175
that does not contain all of the required information, the	176
director promptly shall notify the applicant of the additional	177
information required to be provided by the applicant to complete	178
that application.	179

(B) Not later than the twenty-fifththirty-fifth day before	180
the day of each presidential primary election and not later than	181
the thirty-fifthforty-fifth day before the day of each general or	182
other primary election, and at the earliest possible time before	183
the day of a special election held on a day other than the day on	184
which a general or primary election is held, the director of the	185
board of elections shall mail or send by facsimile machine armed	186
service absent voter's ballots then ready for use as provided for	187
in section 3511.03 of the Revised Code and for which the director	188
has received valid applications prior to that time. Thereafter,	189
and until twelve noon of the third day preceding the day of	190
election, the director shall promptly, upon receipt of valid	191
applications for them, mail or send by facsimile machine to the	192
proper persons all armed service absent voter's ballots then ready	193
for use.	194

If, after the sixtieth day before the day of a general or	195
primary election, any other question, issue, or candidacy is	196
lawfully ordered submitted to the electors voting at the general	197
or primary election, the board shall promptly provide a separate	198
official issue, special election, or other election ballot for	199
submitting the question, issue, or candidacy to those electors,	200
and the director shall promptly mail or send by facsimile machine	201
each such separate ballot to each person to whom the director has	202
previously mailed or sent by facsimile machine other armed service	203
absent voter's ballots.	204

In mailing armed service absent voter's ballots, the director	205
shall use the fastest mail service available, but the director	206
shall not mail them by certified mail.	207

Sec. 3511.10.  If, after the thirty-fifthforty-fifth day and	208
before the close of the polls on the day of a general or primary	209
election, a valid application for armed service absent voter's	210
ballots is delivered to the director of the board of elections at	211
the office of the board by a person making the application in his	212
on the person's own behalf, the director shall forthwith deliver	213
to the person all armed service absent voter's ballots then ready	214
for use, together with an identification envelope. The person	215
shall then immediately retire to a voting booth in the office of	216
the board, and mark the ballots. HeThe person shall then fold	217
each ballot separately so as to conceal histhe person's markings	218
thereon, and deposit all of the ballots in the identification	219
envelope and securely seal it. Thereupon hethe person shall fill	220
in answers to the questions on the face of the identification	221
envelope, and by writing histhe person's usual signature in the	222
proper place thereon, hethe person shall declare under penalty of	223
election falsification that the answers to those questions are	224
true and correct to the best of histhat person's knowledge and	225
belief. HeThe person shall then deliver the identification	226
envelope to the director. If thereafter, and before the third day	227
preceding such election, the board provides additional separate	228
official issue or special election ballots, as provided for in	229
section 3511.04 of the Revised Code, the director shall promptly,	230
and not later than twelve noon of the third day preceding the day	231
of election, mail or otherwise send such additional ballots to	232
such person at the address specified by himthat person for that	233
purpose.	234

In the event any person serving in the armed forces of the	235
United States is discharged after the closing date of	236
registration, and hethat person or histhat person's spouse, or	237
both, meets all the other qualifications set forth in section	238
3511.01 of the Revised Code, he or shethe person or spouse shall	239
be permitted to vote prior to the date of the election in the	240
office of the board in histhe person's or spouse's county, as set	241
forth in this section.	242

Sec. 3511.14. Notwithstanding any provision of the Revised	243
Code to the contrary, the secretary of state may, by directive,	244
change any of the processes or timelines for sending, casting, or	245
returning an armed service absent voter's ballot established under	246
this chapter when the secretary of state determines that such	247
change is necessary due to a national or local emergency or other	248
situation, including the mobilization of United States armed	249
forces.	250

Sec. 3512.01.  (A) An elector who will be outside the United	251
States on the day of an election may vote write-in absent voter's	252
ballots established under this chapter if the elector's	253
employment, volunteer, or other activities will cause the elector	254
to be out of communication or otherwise unavailable to vote absent	255
voter's ballots during the absent voting period established under	256
division (B) of section 3509.01 of the Revised Code.	257

(B) An elector who is eligible to vote armed service absent	258
voter's ballots under Chapter 3511. of the Revised Code may vote	259
write-in absent voter's ballots established under this chapter if	260
the elector's service in the armed forces of the United States	261
will cause the elector to be out of communication or otherwise	262
unavailable to vote armed service absent voter's ballots during	263
the absent voting period established under division (B) of section	264
3509.01 of the Revised Code.	265

Sec. 3512.02.  (A) An elector who is eligible to vote	266
write-in absent voter's ballots under section 3512.01 of the	267
Revised Code and who desires to vote such ballots may make written	268
application for those ballots to the director of elections for the	269
county in which the elector's voting residence is located. The	270
elector may personally deliver the application to the director or	271
may mail it, send it by facsimile machine, send it by electronic	272
mail, send it by other electronic means via the internet, or	273
otherwise send it to the director. The application need not be in	274
any particular form but shall contain all of the following:	275

(1) The elector's name;

276

(2) The elector's signature or, if the application is	277
transmitted electronically, an image of the elector's signature;	278

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

279

(4) The elector's date of birth;

280

(5) One of the following, unless the elector is a first-time	281
mail-in registrant:	282

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

283

(b) The last four digits of the elector's social security	284
number;	285

(c) A copy of the elector's identification.

286

(6) A statement identifying the election for which write-in	287
absent voter's ballots are requested;	288

(7) A statement that the person requesting the ballots is a	289
qualified elector;	290

(8) A statement specifying one of the following:

291

(a) That the elector will be outside of the United States on	292
the day of the election and the elector's employment, volunteer,	293
or other activities will cause the elector to be out of	294
communication or otherwise unavailable to vote absent voter's	295
ballots during the regular absent voting period;	296

(b) That the elector is a member of the armed forces of the	297
United States and the elector's service in the armed forces will	298
cause the elector to be out of communication or otherwise	299
unavailable to vote armed service absent voter's ballots during	300
the regular absent voting period;	301

(9) If the request is for primary election ballots, the	302
elector's party affiliation;	303

(10) If the elector desires ballots to be mailed to the	304
elector, the address to which those ballots shall be mailed;	305

(11) If the elector desires ballots to be sent to the elector	306
by facsimile machine, the telephone number to which they shall be	307
so sent;	308

(12) If the elector is a first-time mail-in registrant, a	309
copy of the elector's first-time mail-in registrant	310
identification.	311

(B) Each application for write-in absent voter's ballots	312
shall be delivered to the director not earlier than the first day	313
of January of the year of the election for which the write-in	314
absent voter's ballots are requested or not earlier than one	315
hundred twenty days before the day of the election at which the	316
ballots are to be voted, whichever is earlier, and not later than	317
the thirty-fifth day before the day of the election at which the	318
ballots are to be voted.	319

Sec. 3512.03.  (A) If a director of a board of elections	320
receives an application for write-in absent voter's ballots that	321
does not contain all of the required information, the director	322
promptly shall notify the applicant, by whatever means of contact	323
the applicant has provided on the application, of the additional	324
information required to be provided by the applicant to complete	325
that application. The applicant may provide the required	326
information by mail, electronic mail, telephone, or facsimile	327
transmission, through the internet, or in person at the office of	328
the board of elections. If the application is missing a signature,	329
the applicant may provide a signed statement that the applicant	330
submitted the application. A signature provided on a signed	331
statement under this division shall be considered the applicant's	332
signature on the application for the purposes of processing an	333
otherwise valid application for write-in absent voter's ballots.	334
The secretary of state shall prescribe uniform standards for	335
processing additional information by mail, electronic mail,	336
telephone, facsimile transmission, through the internet, or in	337
person at the office of the board of elections under this	338
division.	339

If the applicant provides the required information prior to	340
the thirty-fifth day before the day of the election, the board	341
shall promptly process the application and deliver write-in absent	342
voter's ballots to the applicant. If the applicant provides the	343
required information after the thirty-fifth day before the day of	344
the election but prior to the end of the period for voting by	345
absent voter's ballots at that election, the board shall promptly	346
process the application and deliver write-in absent voter's	347
ballots or write-in armed service absent voter's ballots, as	348
applicable, to the applicant.	349

(B) The secretary of state shall prescribe the form of	350
write-in absent voter's ballots delivered under this section.	351
Notwithstanding section 3513.041 or any other provision of the	352
Revised Code to the contrary, the ballots shall identify each	353
office for which the absent voter is eligible to vote at that	354
election and shall permit the voter to mark the ballot by writing	355
in the name of a candidate for each office appearing on the	356
write-in absent voter's ballot. The ballots also shall permit the	357
voter to vote on each issue that was certified to appear on the	358
ballot prior to the date on which the write-in absent voter's	359
ballots were prepared.	360

(C) Subject to section 3512.06 of the Revised Code, upon	361
receipt by the director of elections of an application for	362
write-in absent voter's ballots that contains all of the required	363
information, the director, if the director finds that the	364
applicant is a qualified elector, shall deliver to the applicant	365
in person or mail directly to the applicant by special delivery	366
mail, air mail, or regular mail, postage prepaid, write-in absent	367
voter's ballots. If the address to which the ballots are to be	368
sent is located outside of the United States, the board may	369
deliver the write-in absent voter's ballots to the applicant using	370
a method other than United States mail. The director shall deliver	371
or send with the ballots an unsealed identification envelope upon	372
the face of which shall be printed a form substantially as	373
follows:	374

"Identification Envelope Statement of Voter

375

I, ........................(Name of voter), declare under	376
penalty of election falsification that the ballot or ballots	377
contained no voting marks of any kind when I received them, and I	378
caused the ballot or ballots to be marked, enclosed in the	379
identification envelope, and sealed in that envelope.	380

My voting residence in Ohio is

381

...................................................................	382
(Street and Number, if any, or Rural Route and Number) of	383
................................ (City, Village, or Township)	384
Ohio.	385

If the election is a primary election, by requesting ballots	386
of the ............. Party, I hereby declare that I desire to be	387
affiliated with and support the above-named party.	388

My date of birth is ............... (Month and Day),	389
.......... (Year).	390

(Voter must provide one of the following:)

391

My Ohio driver's license number is ............... (Ohio	392
driver's license number).	393

The last four digits of my Social Security Number are	394
............... (Last four digits of Social Security Number).	395

...... In lieu of providing an Ohio driver's license number	396
or the last four digits of my Social Security Number, I am	397
enclosing a copy of the following in the return envelope in which	398
this identification envelope will be mailed: a current and valid	399
photo identification or two current and valid items that list my	400
name in a manner that substantially conforms to my name on the	401
statewide voter registration database and are from a nonprofit	402
organization, an institution, a business, or a government entity.	403
If I am a first-time voter who registered to vote by mail, did not	404
provide identification when I registered to vote, and have not	405
previously voted at a federal election in Ohio, I am enclosing a	406
copy of a current and valid photo identification, a military	407
identification, or a current utility bill, bank statement,	408
government check, paycheck, or other government document that	409
shows my name and address.	410

I hereby declare, under penalty of election falsification,	411
that the statements above are true.	412

Signature of Voter (required)

413

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	414
OF THE FIFTH DEGREE."	415

Before delivering or sending the ballots, the director shall	416
record the unique identification number located on the stub of the	417
voter's ballot, the voter's name, and the voter's address, and	418
shall cause the unique identification number to be copied on the	419
outside of the voter's identification envelope. The director shall	420
send with the ballots and the unsealed identification envelope an	421
unsealed return envelope upon the face of which shall be printed	422
the official title and post-office address of the director. In the	423
upper left corner on the face of the return envelope, several	424
blank lines shall be printed upon which the voter may write the	425
voter's name and return address, and beneath these lines there	426
shall be printed a box beside the words "check if out-of-country."	427
The voter shall check this box if the voter will be outside the	428
United States on the day of the election. The return envelope	429
shall be of such size that the identification envelope can be	430
conveniently placed within it for returning the identification	431
envelope to the director.	432

Sec. 3512.04.  (A) When an elector receives a write-in absent	433
voter's ballot pursuant to the elector's application or request,	434
the elector shall, before placing any marks on the ballot, note	435
whether there are any voting marks on it. If there are any voting	436
marks, the ballot shall be returned immediately to the board of	437
elections; otherwise, the elector shall write in the names of the	438
candidates for which the elector wishes to vote, mark the	439
elector's choices on the issues appearing on the ballot, fold the	440
ballot in a manner that the stub on it is visible, and place and	441
seal the ballot within the identification envelope received from	442
the director of elections for that purpose. Then, the elector	443
shall cause the statement of voter on the outside of the	444
identification envelope to be completed, under penalty of election	445
falsification.	446

Unless the elector is a first-time mail-in registrant, the	447
elector shall provide the elector's Ohio driver's license number	448
or the last four digits of the elector's social security number on	449
the statement of voter on the identification envelope. If the	450
elector does not provide the elector's Ohio driver's license	451
number or the last four digits of the elector's social security	452
number on the statement of voter, the elector shall include in the	453
return envelope with the identification envelope a copy of the	454
elector's identification. If the elector is a first-time mail-in	455
registrant, the elector shall include a copy of the elector's	456
first-time mail-in registrant identification.	457

The elector shall mail the identification envelope to the	458
director from whom it was received in the return envelope, postage	459
prepaid, or the elector may personally deliver it to the director,	460
or the spouse of the elector, the father, mother, father-in-law,	461
mother-in-law, grandfather, grandmother, brother, or sister of the	462
whole or half blood, or the son, daughter, adopting parent,	463
adopted child, stepparent, stepchild, uncle, aunt, nephew, or	464
niece of the elector may deliver it to the director. If the	465
elector is returning the write-in absent voter's ballots from	466
outside the United States, the elector may return those ballots to	467
the director by mail, commercial delivery service, personal	468
delivery, or delivery by a family member. The return envelope	469
shall be transmitted to the director in no other manner. Each	470
elector who will be outside the United States on the day of the	471
election shall check the box on the return envelope indicating	472
this fact.	473

When write-in absent voter's ballots are delivered to an	474
elector at the office of the board, the elector may retire to a	475
voting compartment provided by the board and there mark the	476
ballots. Thereupon, the elector shall fold them, place them in the	477
identification envelope provided, seal the envelope, fill in and	478
sign the statement on the envelope under penalty of election	479
falsification, and deliver the envelope to the director of the	480
board.	481

Except as otherwise provided in divisions (B) and (C) of this	482
section, envelopes containing marked write-in absent voter's	483
ballots shall be delivered to the director not later than the	484
close of the polls on the day of an election. Write-in absent	485
voter's ballots delivered to the director later than the times	486
specified shall not be counted, but shall be kept by the board in	487
the sealed identification envelopes in which they are delivered to	488
the director, until the time provided by section 3505.31 of the	489
Revised Code for the destruction of all other ballots used at the	490
election for which ballots were provided, at which time they shall	491
be destroyed.	492

(B)(1) Except as otherwise provided in division (B)(2) of	493
this section, any return envelope that indicates that the voter	494
will be outside the United States on the day of the election shall	495
be delivered to the director prior to the eleventh day after the	496
election. Ballots delivered in such envelopes that are received	497
after the close of the polls on election day through the tenth day	498
thereafter shall be processed and counted on or after the eleventh	499
day at the board of elections in the manner provided in division	500
(C) of section 3512.05 of the Revised Code. Any such ballots that	501
are signed or postmarked after the close of the polls on the day	502
of the election or that are received by the director later than	503
the tenth day following the election shall not be counted, but	504
shall be kept by the board in the sealed identification envelopes	505
as provided in division (A) of this section.	506

(2) In any year in which a presidential primary election is	507
held, any return envelope that indicates that the voter will be	508
outside the United States on the day of the presidential primary	509
election shall be delivered to the director prior to the	510
twenty-first day after that election. Ballots delivered in such	511
envelopes that are received after the close of the polls on	512
election day through the twentieth day thereafter shall be	513
processed and counted on or after the twenty-first day at the	514
board of elections in the manner provided in division (C) of	515
section 3512.05 of the Revised Code. Any such ballots that are	516
signed or postmarked after the close of the polls on the day of	517
that election or that are received by the director later than the	518
twentieth day following that election shall not be counted, but	519
shall be kept by the board in the sealed identification envelopes	520
as provided in division (A) of this section.	521

(C)(1) Except as otherwise provided in division (C)(2) of	522
this section, any return envelope that is postmarked within the	523
United States prior to the day of the election shall be delivered	524
to the director prior to the eleventh day after the election.	525
Ballots delivered in envelopes postmarked prior to the day of the	526
election that are received after the close of the polls on	527
election day through the tenth day thereafter shall be processed	528
and counted on or after the eleventh day at the board of elections	529
in the manner provided in division (C) of section 3512.05 of the	530
Revised Code. Any such ballots that are received by the director	531
later than the tenth day following the election shall not be	532
counted, but shall be kept by the board in the sealed	533
identification envelopes as provided in division (A) of this	534
section.	535

(2) Division (C)(1) of this section shall not apply to any	536
mail that is postmarked using a postage evidencing system,	537
including a postage meter, as defined in 39 C.F.R. 501.1.	538

Sec. 3512.05.  (A) Upon receipt of a return envelope	539
purporting to contain voted write-in absent voter's ballots prior	540
to the eleventh day after the day of an election, a bipartisan	541
team consisting of employees of the board of elections shall	542
inspect the postmark and verify the date the board received the	543
write-in absent voter's ballots. If either the postmark or the	544
date of receipt does not meet the applicable deadlines for that	545
election established in section 3512.04 of the Revised Code, the	546
ballots shall not be counted. The identification envelope shall	547
not be opened, and it shall be endorsed "not counted" with the	548
reasons the ballots were not counted.	549

If the postmark and date of receipt for a return envelope	550
purporting to contain voted write-in absent voter's ballots meet	551
the applicable deadlines for that election established in section	552
3512.04 of the Revised Code, the bipartisan team shall open that	553
return envelope but shall not open the identification envelope	554
contained in it. If, upon opening the return envelope, the	555
bipartisan team finds ballots in it that are not enclosed in and	556
properly sealed in the identification envelope, the bipartisan	557
team shall not look at the markings upon the ballots and shall	558
promptly place them in the identification envelope and promptly	559
seal it. If, upon opening the return envelope, the bipartisan team	560
finds that the ballots are enclosed in the identification envelope	561
but that it is not properly sealed, the bipartisan team shall not	562
look at the markings upon the ballots and shall promptly seal the	563
identification envelope.	564

The bipartisan team shall cause the identification envelopes,	565
any associated identification, and the ballots in the	566
identification envelopes to be properly secured until such time as	567
they are processed and counted.	568

The write-in absent voter's ballots shall be processed and	569
counted at the office of the board or at some other location	570
designated by the board.	571

(B) The board of elections shall appoint special election	572
judges for the purpose of processing and counting write-in absent	573
voter's ballots under this section. The write-in absent voter's	574
ballots shall be preserved separately by the board, in the same	575
manner and for the same length of time as provided by section	576
3505.31 of the Revised Code.	577

(C)(1) Each of the identification envelopes purporting to	578
contain write-in absent voter's ballots shall be delivered to the	579
special judge appointed by the board of elections and shall be	580
processed and counted as follows:	581

(a) The election officials shall inspect the statement	582
accompanying the write-in absent voter's ballots to determine if	583
the voter's signature has been provided.	584

(b) The election officials shall compare the signature of the	585
voter as provided on the statement accompanying the write-in	586
absent voter's ballots with the signature contained in the voter	587
registration records.	588

(c) If the election officials find that the voter's signature	589
has been provided and that the voter is registered and eligible to	590
cast a ballot in the election, the election officials shall open	591
the envelope and determine if the stub is attached to or enclosed	592
with the ballots. If the stub is attached to or enclosed with the	593
ballots, the election officials shall count those ballots not	594
earlier than the day of the election. If the stub is not attached	595
to or enclosed with the ballots, the write-in absent voter's	596
ballots shall not be counted. The ballots shall be placed in their	597
accompanying identification envelope, which shall be endorsed "not	598
counted" with the reasons the ballots were not counted.	599

(d) If the election officials find that the voter did not	600
sign the statement of voter on the identification envelope or if	601
the election officials are unable to determine the identity of the	602
voter who returned the ballots, the election officials shall use	603
any information provided on the identification envelope or, if	604
necessary, cross-reference the unique stub number placed on the	605
identification envelope with the registration records to identify	606
the voter for notification under division (G) of this section.	607

(e) If the voter did not sign the statement of voter on the	608
identification envelope and if the voter fails to correct that	609
defect within ten days after the day of the election in accordance	610
with division (G) of this section, or if the election officials	611
find that the voter is not registered or not eligible to cast a	612
ballot in the election, the voter's write-in absent voter's	613
ballots shall not be counted. The identification envelope shall	614
not be opened, and it shall be endorsed "not counted" with the	615
reasons the ballots were not counted.	616

(2) The board of elections may process write-in absent	617
voter's ballots under division (C)(1) of this section during the	618
ten days prior to the day of an election but shall not reveal or	619
cause to be revealed the marks on any ballots. The board shall not	620
count any write-in absent voter's ballots prior to the day of the	621
election.	622

(3) Any ballots that are not eligible to be counted under	623
division (C)(1)(c) or (e) of this section shall be preserved in	624
their identification envelopes until the time provided by section	625
3505.31 of the Revised Code for the destruction of all other	626
ballots used at the election for which ballots were provided, at	627
which time they shall be destroyed.	628

(D) The registration record of each person voting a write-in	629
absent voter's ballot shall be marked to indicate that the person	630
has voted.	631

The date of such election shall also be entered on the	632
elector's registration record.	633

(E) Special election judges, employees or members of the	634
board of elections, or observers shall not disclose the count or	635
any portion of the count of write-in absent voter's ballots prior	636
to the time of the closing of the polling places. No person shall	637
recklessly disclose the count or any portion of the count of	638
write-in absent voter's ballots in such a manner as to jeopardize	639
the secrecy of any individual ballot.	640

(F) Observers may be appointed under section 3505.21 of the	641
Revised Code to witness the processing of identification envelopes	642
and the counting of write-in absent voter's ballots under this	643
section.	644

(G)(1) If the voter did not sign the statement of voter on	645
the identification envelope or if the election officials are	646
unable to determine the identity of the voter who returned the	647
ballot, the board of elections shall notify the voter, by whatever	648
means of contact the voter has provided on the identification	649
envelope or using any available contact information in the voter's	650
registration record, of the defect and request the voter to verify	651
the voter's identity for the purpose of processing that write-in	652
absent voter's ballot.	653

(2) The voter may verify that the voter was the person who	654
returned the write-in absent voter's ballot in any of the	655
following ways:	656

(a) By confirming by mail, electronic mail, telephone, or	657
facsimile transmission, or through the internet the voter's date	658
of birth and residence address in a manner that substantially	659
conforms with the records of the board of elections;	660

(b) By providing a statement by mail, electronic mail, or	661
facsimile transmission, or through the internet that the voter	662
submitted the ballot and by attaching the voter's signature to	663
that statement. A signature attached to a statement made under	664
this division shall be considered the voter's signature on the	665
identification envelope for the purposes of verifying the validity	666
of that ballot.	667

(c) By appearing in person at the office of the board of	668
elections and signing the identification envelope.	669

(3) The secretary of state shall prescribe uniform standards	670
for processing additional information by mail, electronic mail,	671
telephone, facsimile transmission, through the internet, or in	672
person at the office of the board of elections under division (G)	673
of this section.	674

(4) If the voter provides the required information within ten	675
days after the day of the election, the election officials shall	676
complete the processing of the write-in absent voter's ballot	677
under division (C) of this section in the same manner as if that	678
information had been included on the statement of voter at the	679
time the ballot was returned.	680

(H) If, after processing the ballots under division (C) of	681
this section, the bipartisan team determines that a voter's	682
write-in absent voter's ballot is eligible to be counted, those	683
ballots shall be counted as valid votes for the candidates whose	684
names are written on the ballots, regardless of whether those	685
candidates are write-in candidates under section 3513.041 of the	686
Revised Code. The write-in votes shall be counted and added to the	687
totals calculated by the voting machines or automatic tabulating	688
equipment.	689

(I) As used in this section:

690

(1) "Bipartisan team" means a team consisting of two	691
employees of a board of elections who are from different political	692
parties.	693

(2) "Processing" a write-in absent voter's ballot means any	694
of the following:	695

(a) Examining the sufficiency of a write-in absent voter's	696
ballot identification envelope by reviewing the postmark, the date	697
of receipt by the board of elections, and the presence of the	698
voter's valid signature on the identification envelope and, if the	699
voter's name is signed on the envelope, opening the identification	700
envelope;	701

(b) Determining the validity of write-in absent voter's	702
ballots, including determining whether the proper ballots were	703
delivered to the voter and whether the stub is attached to or	704
enclosed with the ballots;	705

(c) Preparing a write-in absent voter's ballot for counting.

706

Sec. 3512.06.  (A) An elections official of the county in	707
which an elector applies to vote by write-in absent voter's	708
ballots may challenge the right of the elector named on the	709
application to receive write-in absent voter's ballots only on the	710
following grounds:	711

(1) That the person is not a resident of the precinct for	712
which the person is applying to vote absent voter's ballots;	713

(2) That the person is not a citizen of the United States;

714

(3) That the person is not eighteen years of age or older;

715

(4) That the person is not a qualified elector for that	716
election.	717

Challenges shall be made only if the election official knows	718
or reasonably believes that the challenged elector is not	719
qualified and entitled to vote.	720

(B) If an elector's write-in absent voter's ballot	721
application is challenged, the application shall be kept with	722
other challenged write-in absent voter's ballot applications.	723

(C) Upon receipt of a challenged write-in absent voter's	724
ballot application, the board of elections promptly shall review	725
the board's records. If the board is able to determine that a	726
challenge should be denied solely on the basis of the records	727
maintained by the board, the board immediately shall vote to deny	728
the challenge. If the board is unable to determine the outcome of	729
the challenge solely on the basis of the records maintained by the	730
board, the board shall notify the elector of the challenge to the	731
elector's write-in absent voter's ballot application and shall	732
provide an opportunity for the elector to respond to the	733
challenge. The board of elections shall use the challenge and	734
notification process established in section 3503.24 of the Revised	735
Code, except that the board shall decide the challenge as	736
expeditiously as possible.	737

(D) If the challenge is denied, write-in absent voter's	738
ballots shall promptly be sent to the elector requesting those	739
ballots. If the board of elections upholds the challenge, the	740
write-in absent voter's ballot application shall not be processed,	741
no write-in absent voter's ballots shall be sent to the elector,	742
and the elector shall be notified of the reason the elector will	743
not receive write-in absent voter's ballots.	744

(E) No election official or other person may challenge the	745
validity of write-in absent voter's ballots that have been	746
completed and returned by the voter under this section. The	747
validity of such ballots shall be determined under section 3512.05	748
of the Revised Code.	749

Sec. 3512.07.  (A) The poll list or signature pollbook for	750
each precinct shall identify each registered elector in that	751
precinct who has requested write-in absent voter's ballots for	752
that election.	753

(B)(1) If a registered elector appears to vote in that	754
precinct and that elector has requested write-in absent voter's	755
ballots for that election but the director has not received a	756
sealed identification envelope purporting to contain that	757
elector's voted write-in absent voter's ballots for that election,	758
the elector shall be permitted to cast a provisional ballot under	759
section 3505.181 of the Revised Code in that precinct on the day	760
of that election.	761

(2) If a registered elector appears to vote in that precinct	762
and that elector has requested write-in absent voter's ballots for	763
that election and the director has received a sealed	764
identification envelope purporting to contain that elector's voted	765
write-in absent voter's ballots for that election, the elector	766
shall be permitted to cast a provisional ballot under section	767
3505.181 of the Revised Code in that precinct on the day of that	768
election.	769

(C)(1) In processing and counting write-in absent voter's	770
ballots under section 3512.05 of the Revised Code, the board of	771
elections shall compare the signature of each elector from whom	772
the director has received a sealed identification envelope	773
purporting to contain that elector's voted write-in absent voter's	774
ballots for that election to the signature on that elector's	775
registration record. Except as otherwise provided in division	776
(C)(3) of this section, if the board of elections determines that	777
the write-in absent voter's ballots in the sealed identification	778
envelope are valid, they shall be counted. If the board of	779
elections determines that the signature on the sealed	780
identification envelope purporting to contain the elector's voted	781
write-in absent voter's ballots does not match the signature on	782
the elector's registration record, the ballots shall be set aside	783
and the board shall examine, during the time prior to the	784
beginning of the official canvass, the poll list or signature	785
pollbook from the precinct in which the elector is registered to	786
vote to determine if the elector also cast a provisional ballot	787
under section 3505.181 of the Revised Code in that precinct on the	788
day of the election.	789

(2) The board of elections shall count the provisional	790
ballot, instead of the write-in absent voter's ballot, if both of	791
the following apply:	792

(a) The board of elections determines that the signature of	793
the elector on the outside of the identification envelope in which	794
the write-in absent voter's ballots are enclosed does not match	795
the signature of the elector on the elector's registration form;	796

(b) The elector cast a provisional ballot in the precinct on	797
the day of the election.	798

(3) If the board of elections does not receive the sealed	799
identification envelope purporting to contain the elector's voted	800
write-in absent voter's ballots by the applicable deadline	801
established under section 3512.04 of the Revised Code, the	802
provisional ballot cast under section 3505.181 of the Revised Code	803
in that precinct on the day of the election shall be counted as	804
valid, if that provisional ballot is otherwise determined to be	805
valid pursuant to section 3505.183 of the Revised Code.	806

(D) If the board of elections counts a provisional ballot	807
under division (C)(2) of this section, the returned identification	808
envelope of that elector shall not be opened, and the ballot	809
within that envelope shall not be counted. The identification	810
envelope shall be endorsed "Not Counted" with the reason the	811
ballot was not counted.	812

Section 2. That existing sections 3505.23, 3509.01, 3511.04,	813
and 3511.10 of the Revised Code are hereby repealed.	814