Bill Text: OH SB148 | 2011-2012 | 129th General Assembly | Engrossed

Ohio Senate Bill 148 (Prior Session Legislation)

Bill Title: To revise the Election Law.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Engrossed - Dead) 2011-05-24 - Passed 3rd Consideration House [SB148 Detail]

Download: Ohio-2011-SB148-Engrossed.html

As Passed by the Senate

129th General Assembly

Regular Session

2011-2012

Am. Sub. S. B. No. 148

Senator Wagoner

Cosponsors: Senators Hite, Bacon, Beagle, Coley, Daniels, Faber, Jones, Jordan, Lehner, Manning, Niehaus, Widener

A BILL

To amend sections 2101.44, 3501.01, 3501.02, 3501.05,

3501.051, 3501.053, 3501.11, 3501.13, 3501.17,

3501.18, 3501.20, 3501.22, 3501.26, 3501.27,

3501.28, 3501.29, 3501.30, 3501.301, 3501.31,

3501.32, 3501.33, 3501.35, 3501.37, 3501.38,

3503.02, 3503.06, 3503.10, 3503.14, 3503.15,

3503.16, 3503.18, 3503.19, 3503.21, 3503.24,

3503.26, 3503.28, 3504.02, 3504.04, 3504.05,

3505.07, 3505.08, 3505.11, 3505.13, 3505.16,

3505.17, 3505.18, 3505.181, 3505.182, 3505.183,

3505.20, 3505.21, 3505.23, 3505.24, 3505.26,

3505.28, 3505.29, 3505.30, 3505.31, 3506.05,

3506.12, 3506.15, 3509.01, 3509.03, 3509.031,

3509.04, 3509.05, 3509.06, 3509.07, 3509.08,

3509.09, 3511.02, 3511.04, 3511.05, 3511.06,

3511.07, 3511.08, 3511.09, 3511.10, 3511.11,

3511.13, 3511.14, 3513.02, 3513.131, 3513.18,

3513.19, 3513.21, 3513.30, 3513.31, 3515.04,

3517.01, 3517.012, 3517.992, 3519.01, 3519.16,

3599.07, 3599.17, 3599.19, 3599.31, 4301.32,

4301.334, 4303.29, and 4305.14, to enact new

section 3504.01 and sections 3501.111, 3501.302,

3501.40, 3503.05, 3503.20, 3503.22, 3505.05,

3506.021, 3509.051, and 3517.211, and to repeal

sections 3503.29, 3504.01, and 3506.16 of the

Revised Code to revise the Election Law.

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

Section 1. That sections 2101.44, 3501.01, 3501.02, 3501.05,	27
3501.051, 3501.053, 3501.11, 3501.13, 3501.17, 3501.18, 3501.20,	28
3501.22, 3501.26, 3501.27, 3501.28, 3501.29, 3501.30, 3501.301,	29
3501.31, 3501.32, 3501.33, 3501.35, 3501.37, 3501.38, 3503.02,	30
3503.06, 3503.10, 3503.14, 3503.15, 3503.16, 3503.18, 3503.19,	31
3503.21, 3503.24, 3503.26, 3503.28, 3504.02, 3504.04, 3504.05,	32
3505.07, 3505.08, 3505.11, 3505.13, 3505.16, 3505.17, 3505.18,	33
3505.181, 3505.182, 3505.183, 3505.20, 3505.21, 3505.23, 3505.24,	34
3505.26, 3505.28, 3505.29, 3505.30, 3505.31, 3506.05, 3506.12,	35
3506.15, 3509.01, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06,	36
3509.07, 3509.08, 3509.09, 3511.02, 3511.04, 3511.05, 3511.06,	37
3511.07, 3511.08, 3511.09, 3511.10, 3511.11, 3511.13, 3511.14,	38
3513.02, 3513.131, 3513.18, 3513.19, 3513.21, 3513.30, 3513.31,	39
3515.04, 3517.01, 3517.012, 3517.992, 3519.01, 3519.16, 3599.07,	40
3599.17, 3599.19, 3599.31, 4301.32, 4301.334, 4303.29, and 4305.14	41
be amended and new section 3504.01 and sections 3501.111,	42
3501.302, 3501.40, 3503.05, 3503.20, 3503.22, 3505.05, 3506.021,	43
3509.051, and 3517.211 of the Revised Code be enacted to read as	44
follows:	45

Sec. 2101.44. The election upon the question of combining	46
the probate court and the court of common pleas shall be conducted	47
as provided for the election of county officers.	48

The board of ~~election~~elections shall provide separate	49
ballots, ~~ballot boxes,~~ tally sheets, blanks, stationery, and all	50
such other supplies as may be necessary in the conduct of such	51
election.	52

Ballots shall be printed with an affirmative and negative	53
statement thereon, as follows:	54

		The probate court and the court of common pleas shall be combined.			56
		The probate court and the court of common pleas shall not be combined.			57

Returns of said election shall be made and canvassed at the	59
same time and in the same manner as an election for county	60
officers. The board shall certify the result of said election to	61
the secretary of state, to the probate judge of said county, and	62
to the judge of the court of common pleas, and such result shall	63
be spread upon the journal of the probate court and of the court	64
of common pleas.	65

If a majority of the votes cast at such an election are in	66
favor of combining said courts, such courts shall stand combined	67
upon determination of the fact that a majority of the persons	68
voting upon the question of the combination of such courts voted	69
in favor of such combination.	70

Sec. 3501.01. As used in the sections of the Revised Code	71
relating to elections and political communications:	72

(A) "General election" means the election held on the first	73
Tuesday after the first Monday in each November.	74

(B) "Regular municipal election" means the election held on	75
the first Tuesday after the first Monday in November in each	76
odd-numbered year.	77

(C) "Regular state election" means the election held on the	78
first Tuesday after the first Monday in November in each	79
even-numbered year.	80

(D) "Special election" means any election other than those	81
elections defined in other divisions of this section. A special	82
election may be held only on the first Tuesday after the first	83
Monday in February, May, August, or November, or on the day	84
authorized by a particular municipal or county charter for the	85
holding of ~~a primary~~an election, except that in any year in which	86
a presidential primary election is held, no special election shall	87
be held in February or May, except as authorized by a municipal or	88
county charter, but may be held on the first Tuesday after the	89
first Monday in March.	90

(E)(1) "Primary" or "primary election" means an election held	91
for the purpose of nominating persons as candidates of political	92
parties for election to offices, and for the purpose of electing	93
persons as members of the controlling committees of political	94
parties and as delegates and alternates to the conventions of	95
political parties. Primary elections shall be held on the first	96
Tuesday after the first Monday in May of each year except in years	97
in which a presidential primary election is held.	98

(2) "Presidential primary election" means a primary election	99
as defined by division (E)(1) of this section at which an election	100
is held for the purpose of choosing delegates and alternates to	101
the national conventions of the major political parties pursuant	102
to section 3513.12 of the Revised Code. Unless otherwise	103
specified, presidential primary elections are included in	104
references to primary elections. In years in which a presidential	105
primary election is held, all primary elections shall be held on	106
the first Tuesday after the first Monday in March except as	107
otherwise authorized by a municipal or county charter.	108

(F) "Political party" means any group of voters meeting the	109
requirements set forth in section 3517.01 of the Revised Code for	110
the formation and existence of a political party.	111

(1) "Major political party" means any political party	112
organized under the laws of this state whose candidate for	113
governor or nominees for presidential electors received no less	114
than twenty per cent of the total vote cast for such office at the	115
most recent regular state election.	116

(2) "Intermediate political party" means any political party	117
organized under the laws of this state whose candidate for	118
governor or nominees for presidential electors received less than	119
twenty per cent but not less than ten per cent of the total vote	120
cast for such office at the most recent regular state election.	121

(3) "Minor political party" means any political party	122
organized under the laws of this state whose candidate for	123
governor or nominees for presidential electors received less than	124
ten per cent but not less than five per cent of the total vote	125
cast for such office at the most recent regular state election or	126
~~which~~that has filed petitions meeting the requirements of	127
division (A)(1) of section 3517.01 of the Revised Code with the	128
secretary of state, subsequent to any election in which it	129
received less than five per cent of such vote, ~~a petition signed~~	130
~~by qualified electors equal in number to at least one per cent of~~	131
~~the total vote cast for such office in the last preceding regular~~	132
~~state election,~~ except that a newly formed political party shall	133
be known as a minor political party until the time of the first	134
election for governor or president which occurs not less than	135
twelve months subsequent to the formation of such party, after	136
which election the status of such party shall be determined by the	137
vote for the office of governor or president.	138

(G) "Dominant party in a precinct" or "dominant political	139
party in a precinct" means that political party whose candidate	140
for election to the office of governor at the most recent regular	141
state election at which a governor was elected received more votes	142
than any other person received for election to that office in such	143
precinct at such election.	144

(H) "Candidate" means any qualified person certified in	145
accordance with the provisions of the Revised Code for placement	146
on the official ballot of a primary, general, or special election	147
to be held in this state, or any qualified person who claims to be	148
a write-in candidate, or who knowingly assents to being	149
represented as a write-in candidate by another at either a	150
primary, general, or special election to be held in this state.	151

(I) "Independent candidate" means any candidate who claims	152
not to be affiliated with a political party, and whose name has	153
been certified on the office-type ballot at a general or special	154
election through the filing of a statement of candidacy and	155
nominating petition, as prescribed in section 3513.257 of the	156
Revised Code.	157

(J) "Nonpartisan candidate" means any candidate whose name is	158
required, pursuant to section 3505.04 of the Revised Code, to be	159
listed on the nonpartisan ballot, including all candidates for	160
judicial office, for member of any board of education, for	161
municipal or township offices in which primary elections are not	162
held for nominating candidates by political parties, and for	163
offices of municipal corporations having charters that provide for	164
separate ballots for elections for these offices.	165

(K) "Party candidate" means any candidate who claims to be a	166
member of a political party, whose name has been certified on the	167
office-type ballot at a general or special election through the	168
filing of a declaration of candidacy and petition of candidate,	169
and who has won the primary election of the candidate's party for	170
the public office the candidate seeks or is selected by party	171
committee in accordance with section 3513.31 of the Revised Code.	172

(L) "Officer of a political party" includes, but is not	173
limited to, any member, elected or appointed, of a controlling	174
committee, whether representing the territory of the state, a	175
district therein, a county, township, a city, a ward, a precinct,	176
or other territory, of a major, intermediate, or minor political	177
party.	178

(M) "Question or issue" means any question or issue certified	179
in accordance with the Revised Code for placement on an official	180
ballot at a general or special election to be held in this state.	181

(N) "Elector" or "qualified elector" means a person having	182
the qualifications provided by law to be entitled to vote.	183

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

184

(P) "Voting residence" means that place of residence of an	185
elector which shall determine the precinct in which the elector	186
may vote.	187

(Q) "Precinct" means a district within a county established	188
by the board of elections of such county within which all	189
qualified electors having a voting residence therein may vote at	190
the same polling place.	191

(R) "Polling place" means that place provided for each	192
precinct at which the electors having a voting residence in such	193
precinct may vote.	194

(S) "Board" or "board of elections" means the board of	195
elections appointed in a county pursuant to section 3501.06 of the	196
Revised Code.	197

(T) "Political subdivision" means a county, township, city,	198
village, or school district.	199

(U) "Election officer" or "election official" means any of	200
the following:	201

(1) Secretary of state;

202

(2) Employees of the secretary of state serving the division	203
of elections in the capacity of attorney, administrative officer,	204
administrative assistant, elections administrator, office manager,	205
or clerical supervisor;	206

(3) Director of a board of elections;

207

(4) Deputy director of a board of elections;

208

(5) Member of a board of elections;

209

(6) Employees of a board of elections;

210

(7) Precinct ~~polling place judges~~election officials;

211

(8) Employees appointed by the boards of elections on a	212
temporary or part-time basis.	213

(V) "Acknowledgment notice" means a notice sent by a board of	214
elections, on a form prescribed by the secretary of state,	215
informing a voter registration applicant or an applicant who	216
wishes to change the applicant's residence or name of the status	217
of the application; the information necessary to complete or	218
update the application, if any; and if the application is	219
complete, the precinct in which the applicant is to vote.	220

(W) "Confirmation notice" means a notice sent by a board of	221
elections, on a form prescribed by the secretary of state, to a	222
registered elector to confirm the registered elector's current	223
address.	224

(X) "Designated agency" means an office or agency in the	225
state that provides public assistance or that provides	226
state-funded programs primarily engaged in providing services to	227
persons with disabilities and that is required by the National	228
Voter Registration Act of 1993 to implement a program designed and	229
administered by the secretary of state for registering voters, or	230
any other public or government office or agency that implements a	231
program designed and administered by the secretary of state for	232
registering voters, including the department of job and family	233
services, the program administered under section 3701.132 of the	234
Revised Code by the department of health, the department of mental	235
health, the department of developmental disabilities, the	236
rehabilitation services commission, and any other agency the	237
secretary of state designates. "Designated agency" does not	238
include public high schools and vocational schools, public	239
libraries, or the office of a county treasurer.	240

(Y) "National Voter Registration Act of 1993" means the	241
"National Voter Registration Act of 1993," 107 Stat. 77, 42	242
U.S.C.A. 1973gg.	243

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	244
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	245

(AA) "Photo identification" means a document that meets each	246
of the following requirements:	247

(1) It shows the name of the individual to whom it was	248
issued, which shall conform to the name in the poll list or	249
signature pollbook.	250

(2) It shows the current address of the individual to whom it	251
was issued, which shall conform to the address in the poll list or	252
signature pollbook, except for a driver's license or a state	253
identification card issued under section 4507.50 of the Revised	254
Code, which may show either the current or former address of the	255
individual to whom it was issued, regardless of whether that	256
address conforms to the address in the poll list or signature	257
pollbook.	258

(3) It shows a photograph of the individual to whom it was	259
issued.	260

(4) It ~~includes~~shall have on it an expiration date that has	261
not passed.	262

(5) It was issued by the government of the United States or	263
this state.	264

Sec. 3501.02. General elections in the state and its	265
political subdivisions shall be held as follows:	266

(A) For the election of electors of president and	267
vice-president of the United States, in the year of 1932 and every	268
four years thereafter;	269

(B) For the election of a member of the senate of the United	270
States, in the years 1932 and 1934, and every six years after each	271
of such years; except as otherwise provided for filling vacancies;	272

(C) For the election of representatives in the congress of	273
the United States and of elective state and county officers	274
including elected members of the state board of education, in the	275
even-numbered years; except as otherwise provided for filling	276
vacancies;	277

(D) For municipal and township officers, members of boards of	278
education, judges and clerks of municipal courts, in the	279
odd-numbered years;	280

(E)(1) Proposed constitutional amendments or proposed	281
measures submitted ~~by the general assembly or~~ by initiative or	282
referendum petitions to the voters of the state at large may be	283
submitted to the general election in any year occurring at least	284
~~sixty days, in case of a referendum, and ninety~~one hundred	285
twenty-five days~~, in the case of an initiated measure,~~ subsequent	286
to the filing of the petitions therefor. ~~Proposed~~	287

(2) Proposed constitutional amendments submitted by the	288
general assembly to the voters of the state at large may be	289
submitted at a special election or general election in any year	290
occurring at least ninety days after the resolution is filed with	291
the secretary of state. The proposed constitutional amendment may	292
be submitted to the voters at a special election occurring on the	293
day in any year specified by division (E) of section 3501.01 of	294
the Revised Code for the holding of a primary election, ~~when~~if a	295
special election on that date is designated by the general	296
assembly in the resolution adopting the proposed constitutional	297
amendment.	298

No special election shall be held on a day other than the day	299
of a general election, unless a law or charter provides otherwise,	300
regarding the submission of a question or issue to the voters of a	301
county, township, city, village, or school district.	302

(F)(1) Notwithstanding any provision of the Revised Code to	303
the contrary, any question or issue, except a candidacy, to be	304
voted upon at an election shall be certified, for placement upon	305
the ballot, to the board of elections not later than four p.m. of	306
the ninetieth day before the day of the election.	307

(2) Any question or issue that is certified for placement on	308
a ballot on or after ~~the effective date of this amendment~~July 2,	309
2010, shall be certified not later than the ninetieth day before	310
the day of the applicable election, notwithstanding any deadlines	311
appearing in any section of the Revised Code governing the	312
placement of that question or issue on the ballot.	313

Sec. 3501.05. (A) The secretary of state shall do all of the	314
following:	315

~~(A)~~(1) Appoint all members of boards of elections;

316

~~(B)~~(2) Issue instructions by directives and advisories in	317
accordance with section 3501.053 of the Revised Code to members of	318
the boards as to the proper methods of conducting elections.	319

~~(C)~~(3) Prepare rules and instructions for the conduct of	320
elections;	321

~~(D)~~(4) Publish and furnish to the boards from time to time a	322
sufficient number of indexed copies of all election laws then in	323
force;	324

~~(E)~~(5) Edit and issue all pamphlets concerning proposed laws	325
or amendments required by law to be submitted to the voters;	326

~~(F)~~(6) Prescribe the form of registration cards, blanks, and	327
records;	328

~~(G)~~(7) Determine and prescribe the forms of ballots and the	329
forms of all blanks, cards of instructions, pollbooks, tally	330
sheets, certificates of election, and forms and blanks required by	331
law for use by candidates, committees, and boards;	332

~~(H)~~(8) Prepare the ballot title or statement to be placed on	333
the ballot for any proposed law or amendment to the constitution	334
to be submitted to the voters of the state;	335

~~(I)~~(9) Except as otherwise provided in section 3519.08 of the	336
Revised Code, certify to the several boards the forms of ballots	337
and names of candidates for state offices, and the form and	338
wording of state referendum questions and issues, as they shall	339
appear on the ballot;	340

~~(J)~~(10) Except as otherwise provided in division (I)(2)(b) of	341
section 3501.38 of the Revised Code, give final approval to ballot	342
language for any local question or issue approved and transmitted	343
by boards of elections under section 3501.11 of the Revised Code;	344

~~(K)~~(11) Receive all initiative and referendum petitions on	345
state questions and issues and determine and certify to the	346
sufficiency of those petitions;	347

~~(L)~~(12) Require such reports from the several boards as are	348
provided by law, or as the secretary of state considers necessary;	349

~~(M)~~(13) Compel the observance by election officers in the	350
several counties of the requirements of the election laws;	351

~~(N)(1)~~(14)(a) Except as otherwise provided in division	352
~~(N)(2)~~(A)(14)(b) of this section, investigate the administration	353
of election laws, frauds, and irregularities in elections in any	354
county, and report violations of election laws to the attorney	355
general or prosecuting attorney, or both, for prosecution;	356

~~(2)~~(b) On and after August 24, 1995, report a failure to	357
comply with or a violation of a provision in sections 3517.08 to	358
3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or	359
3599.031 of the Revised Code, whenever the secretary of state has	360
or should have knowledge of a failure to comply with or a	361
violation of a provision in one of those sections, by filing a	362
complaint with the Ohio elections commission under section	363
3517.153 of the Revised Code;.	364

~~(O)~~(15) Make an annual report to the governor containing the	365
results of elections, the cost of elections in the various	366
counties, a tabulation of the votes in the several political	367
subdivisions, and other information and recommendations relative	368
to elections the secretary of state considers desirable;	369

~~(P)~~(16) Prescribe and distribute to boards of elections a	370
list of instructions indicating all legal steps necessary to	371
petition successfully for local option elections under sections	372
4301.32 to 4301.41, 4303.29, 4305.14, and 4305.15 of the Revised	373
Code;	374

~~(Q)~~(17) Adopt rules pursuant to Chapter 119. of the Revised	375
Code for the removal ~~by boards of elections~~ of ineligible voters	376
from the statewide voter registration database and, if applicable,	377
from the poll list or signature pollbook used in each precinct,	378
which rules shall provide for all of the following:	379

~~(1)~~(a) A process for the removal of voters who have changed	380
residence, which shall be uniform, nondiscriminatory, and in	381
compliance with the Voting Rights Act of 1965 and the National	382
Voter Registration Act of 1993, including a program that uses the	383
national change of address service provided by the United States	384
postal system through its licensees;	385

~~(2)~~(b) A process for the removal of ineligible voters under	386
section 3503.21 of the Revised Code;	387

~~(3)~~(c) A uniform system for marking or removing the name of a	388
voter who is ineligible to vote from the statewide voter	389
registration database and, if applicable, from the poll list or	390
signature pollbook used in each precinct and noting the reason for	391
that mark or removal.	392

~~(R)~~(18) Prescribe a general program for registering voters or	393
updating voter registration information, such as name and	394
residence changes, by boards of elections, designated agencies,	395
offices of deputy registrars of motor vehicles, public high	396
schools and vocational schools, public libraries, and offices of	397
county treasurers consistent with the requirements of section	398
3503.09 of the Revised Code;	399

~~(S)~~(19) Prescribe a program of distribution of voter	400
registration forms through boards of elections, designated	401
agencies, offices of the registrar and deputy registrars of motor	402
vehicles, public high schools and vocational schools, public	403
libraries, and offices of county treasurers;	404

~~(T)~~(20) To the extent feasible, provide copies, at no cost	405
and upon request, of the voter registration form in post offices	406
in this state;	407

~~(U)~~(21) Adopt rules pursuant to section 111.15 of the Revised	408
Code for the purpose of implementing the program for registering	409
voters through boards of elections, designated agencies, and the	410
offices of the registrar and deputy registrars of motor vehicles	411
consistent with this chapter;	412

~~(V)~~(22) Establish the full-time position of Americans with	413
Disabilities Act coordinator within the office of the secretary of	414
state to do all of the following:	415

~~(1)~~(a) Assist the secretary of state with ensuring that there	416
is equal access to polling places for persons with disabilities;	417

~~(2)~~(b) Assist the secretary of state with ensuring that each	418
voter may cast the voter's ballot in a manner that provides the	419
same opportunity for access and participation, including privacy	420
and independence, as for other voters;	421

~~(3)~~(c) Advise the secretary of state in the development of	422
standards for the certification of voting machines, marking	423
devices, and automatic tabulating equipment.	424

~~(W)~~(23) Establish and maintain a computerized statewide	425
database of all legally registered voters under section 3503.15 of	426
the Revised Code that complies with the requirements of the "Help	427
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	428
and provide training in the operation of that system;	429

~~(X)~~(24) Ensure that all directives, advisories, other	430
instructions, or decisions issued or made during or as a result of	431
any conference or teleconference call with a board of elections to	432
discuss the proper methods and procedures for conducting	433
elections, to answer questions regarding elections, or to discuss	434
the interpretation of directives, advisories, or other	435
instructions issued by the secretary of state are posted on a web	436
site of the office of the secretary of state as soon as is	437
practicable after the completion of the conference or	438
teleconference call, but not later than the close of business on	439
the same day as the conference or teleconference call takes place.	440

~~(Y)~~(25) Publish a report on a web site of the office of the	441
secretary of state not later than one month after the completion	442
of the canvass of the election returns for each primary and	443
general election, identifying, by county, the number of absent	444
voter's ballots cast and the number of those ballots that were	445
counted, and the number of provisional ballots cast and the number	446
of those ballots that were counted, for that election. The	447
secretary of state shall maintain the information on the web site	448
in an archive format for each subsequent election.	449

~~(Z)~~(26) Conduct voter education outlining voter	450
identification, absent voters ballot, provisional ballot, and	451
other voting requirements;	452

~~(AA)~~(27) Establish a procedure by which a registered elector	453
may make available to a board of elections a more recent signature	454
to be used in the poll list or signature pollbook produced by the	455
board of elections of the county in which the elector resides;	456

~~(BB)~~(28) Disseminate information, which may include all or	457
part of the official explanations and arguments, by means of	458
direct mail or other written publication, broadcast, or other	459
means or combination of means, as directed by the Ohio ballot	460
board under division (F) of section 3505.062 of the Revised Code,	461
in order to inform the voters as fully as possible concerning each	462
proposed constitutional amendment, proposed law, or referendum;	463

~~(CC)~~(29) Be the single state office responsible for the	464
implementation of the "Uniformed and Overseas Citizens Absentee	465
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	466
et seq., as amended, in this state. The secretary of state may	467
delegate to the boards of elections responsibilities for the	468
implementation of that act, including responsibilities arising	469
from amendments to that act made by the "Military and Overseas	470
Voter Empowerment Act," Subtitle H of the National Defense	471
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123	472
Stat. 3190.	473

~~(DD)~~(30) Compile, from the boards of elections, the voting	474
history of each registered elector who cast a ballot in an	475
election, for inclusion in the statewide voter registration	476
database. The secretary of state shall determine, by rule, the	477
length of an elector's voting history that shall be included in	478
the database;	479

(31) Adopt rules, under Chapter 119. of the Revised Code, to	480
establish procedures and standards for determining when a board of	481
elections shall be placed under the official oversight of the	482
secretary of state, placing a board of elections under the	483
official oversight of the secretary of state, a board that is	484
under official oversight to transition out of official oversight,	485
and the secretary of state to supervise a board of elections that	486
is under official oversight of the secretary of state.	487

(32) Perform other duties required by law.

488

(B) Whenever a primary election is held under section 3513.32	489
of the Revised Code or a special election is held under section	490
3521.03 of the Revised Code to fill a vacancy in the office of	491
representative to congress, the secretary of state shall establish	492
a deadline, notwithstanding any other deadline required under the	493
Revised Code, by which any or all of the following shall occur:	494
the filing of a declaration of candidacy and petitions or a	495
statement of candidacy and nominating petition together with the	496
applicable filing fee; the filing of protests against the	497
candidacy of any person filing a declaration of candidacy or	498
nominating petition; the filing of a declaration of intent to be a	499
write-in candidate; the filing of campaign finance reports; the	500
preparation of, and the making of corrections or challenges to,	501
precinct voter registration lists; the receipt of applications for	502
absent voter's ballots or ~~armed service~~uniformed services or	503
overseas absent voter's ballots; the supplying of election	504
materials to precincts by boards of elections; the holding of	505
hearings by boards of elections to consider challenges to the	506
right of a person to appear on a voter registration list; and the	507
scheduling of programs to instruct or reinstruct election	508
officers.	509

(C) In the performance of the secretary of state's duties as	510
the chief election officer, the secretary of state may administer	511
oaths, issue subpoenas, summon witnesses, compel the production of	512
books, papers, records, and other evidence, and fix the time and	513
place for hearing any matters relating to the administration and	514
enforcement of the election laws.	515

(D) In any controversy involving or arising out of the	516
adoption of registration or the appropriation of funds for	517
registration, the secretary of state may, through the attorney	518
general, bring an action in the name of the state in the court of	519
common pleas of the county where the cause of action arose or in	520
an adjoining county, to adjudicate the question.	521

In any action involving the laws in Title XXXV of the Revised	522
Code wherein the interpretation of those laws is in issue in such	523
a manner that the result of the action will affect the lawful	524
duties of the secretary of state or of any board of elections, the	525
secretary of state may, on the secretary of state's motion, be	526
made a party.	527

The secretary of state may apply to any court that is hearing	528
a case in which the secretary of state is a party, for a change of	529
venue as a substantive right, and the change of venue shall be	530
allowed, and the case removed to the court of common pleas of an	531
adjoining county named in the application or, if there are cases	532
pending in more than one jurisdiction that involve the same or	533
similar issues, the court of common pleas of Franklin county.	534

(E) Public high schools and vocational schools, public	535
libraries, and the office of a county treasurer shall implement	536
voter registration programs as directed by the secretary of state	537
pursuant to this section.	538

Sec. 3501.051. (A) Notwithstanding any other section of the	539
Revised Code, the secretary of state may authorize, in one or more	540
precincts in one or more counties, a program allowing individuals	541
under the age of eighteen to enter the polling place and vote in a	542
simulated election held at the same time as a general election.	543
Any individual working in or supervising at a simulated election	544
may enter the polling place and remain within it during the entire	545
period the polls are open.	546

(B) A program established under division (A) of this section	547
shall require all of the following:	548

(1) That the duties imposed on ~~judges of~~precinct election	549
officials and peace officers under section 3501.33 of the Revised	550
Code be performed by those ~~judges~~officials and officers in regard	551
to simulated elections and all activities related to simulated	552
elections;	553

(2) That volunteers provide the personnel necessary to	554
conduct the simulated election, except that employees of the	555
secretary of state, employees or members of boards of elections,	556
and precinct election officials may aid in operating the program	557
to the extent permitted by the secretary of state;	558

(3) That individuals under the age of fourteen be accompanied	559
to the simulated election by an individual eighteen years of age	560
or over;	561

(4) Any other requirements the secretary of state considers	562
necessary for the orderly administration of the election process.	563

Sec. 3501.053. (A) The secretary of state may issue	564
instructions as to the proper method of conducting elections to	565
members of the boards of elections by permanent or temporary	566
directives.	567

(1) The secretary of state shall establish a process to allow	568
public review and public comment of proposed directives. Prior to	569
issuing any permanent directive, the secretary of state shall	570
provide reasonable notice of the issuance of the directive and	571
allow a reasonable amount of time for public review and public	572
comment of the proposed directive under this division.	573

No permanent directive shall be issued during the period	574
beginning ninety days prior to the day of an election and ending	575
on the fortieth day following the day of that election.	576

(2) Temporary directives shall only be issued, and shall only	577
have effect, during the period beginning ~~ninety~~thirty days prior	578
to the day of an election and ending on the ~~fortieth~~thirtieth day	579
following the day of that election. Temporary directives shall not	580
be subject to public review and public comment under division	581
(A)(1) of this section.	582

A temporary directive shall not become a permanent directive	583
unless the temporary directive is proposed as a permanent	584
directive and subject to public review and public comment under	585
division (A)(1) of this section.	586

If the situation prompting the establishment of a temporary	587
directive appears likely to recur, the secretary of state shall	588
establish a permanent directive addressing the situation.	589

(B) In addition to any other publication of directives and	590
advisories issued by the secretary of state, the secretary of	591
state shall publish those directives and advisories on a web site	592
of the office of the secretary of state as soon as is practicable	593
after they are issued, but not later than the close of business on	594
the same day as a directive or advisory is issued. The secretary	595
of state shall not remove from the web site any directives and	596
advisories so posted. The secretary of state shall provide on that	597
web site access to all directives and advisories currently in	598
effect and maintain an archive of all directives and advisories	599
previously published on that web site.	600

Sec. 3501.11. Each board of elections shall exercise by a	601
majority vote all powers granted to the board by Title XXXV of the	602
Revised Code, shall perform all the duties imposed by law, and	603
shall do all of the following:	604

(A) Establish, define, provide, rearrange, and combine	605
election precincts;	606

(B) Fix and provide the places for registration and for	607
holding primaries and elections;	608

(C) Provide for the purchase, preservation, and maintenance	609
of booths, ballot boxes, books, maps, flags, blanks, cards of	610
instructions, and other forms, papers, and equipment used in	611
registration, nominations, and elections;	612

(D) Appoint and remove its director, deputy director, and	613
employees and all registrars, ~~judges~~precinct election officials,	614
and other officers of elections, fill vacancies, and designate the	615
ward or district and precinct in which each shall serve;	616

(E) Make and issue rules and instructions, not inconsistent	617
with law or the rules, directives, or advisories issued by the	618
secretary of state, as it considers necessary for the guidance of	619
election officers and voters;	620

(F) Advertise and contract for the printing of all ballots	621
and other supplies used in registrations and elections;	622

(G) Provide for the issuance of all notices, advertisements,	623
and publications concerning elections, except as otherwise	624
provided in division (G) of section 3501.17 and divisions (F) and	625
(G) of section 3505.062 of the Revised Code;	626

(H) Provide for the delivery of ballots, pollbooks, and other	627
required papers and material to the polling places;	628

(I) Cause the polling places to be suitably provided with	629
voting machines, marking devices, automatic tabulating equipment,	630
stalls, and other required supplies. In fulfilling this duty, each	631
board of a county that uses voting machines, marking devices, or	632
automatic tabulating equipment shall conduct a full vote of the	633
board during a public session of the board on the allocation and	634
distribution of voting machines, marking devices, and automatic	635
tabulating equipment for each precinct in the county.	636

(J) Investigate irregularities, nonperformance of duties, or	637
violations of Title XXXV of the Revised Code by election officers	638
and other persons; administer oaths, issue subpoenas, summon	639
witnesses, and compel the production of books, papers, records,	640
and other evidence in connection with any such investigation; and	641
report the facts to the prosecuting attorney or the secretary of	642
state;	643

(K) Review, examine, and certify the sufficiency and validity	644
of petitions and nomination papers, and, after certification,	645
return to the secretary of state all petitions and nomination	646
papers that the secretary of state forwarded to the board;	647

(L) Receive the returns of elections, canvass the returns,	648
make abstracts of them, and transmit those abstracts to the proper	649
authorities;	650

(M) Issue certificates of election on forms to be prescribed	651
by the secretary of state;	652

(N) Make an annual report to the secretary of state, on the	653
form prescribed by the secretary of state, containing a statement	654
of the number of voters registered, elections held, votes cast,	655
appropriations received, expenditures made, and other data	656
required by the secretary of state;	657

(O) Prepare and submit to the proper appropriating officer a	658
budget estimating the cost of elections for the ensuing fiscal	659
year;	660

(P) Perform other duties as prescribed by law or the rules,	661
directives, or advisories of the secretary of state;	662

(Q) Investigate and determine the residence qualifications of	663
electors;	664

(R) Administer oaths in matters pertaining to the	665
administration of the election laws;	666

(S) Prepare and submit to the secretary of state, whenever	667
the secretary of state requires, a report containing the names and	668
residence addresses of all incumbent county, municipal, township,	669
and board of education officials serving in their respective	670
counties;	671

(T) Establish and maintain a voter registration database of	672
all qualified electors in the county who offer to register;	673

(U) Maintain voter registration records, make reports	674
concerning voter registration as required by the secretary of	675
state, and remove ineligible electors from voter registration	676
lists in accordance with law and directives of the secretary of	677
state;	678

(V) Give approval to ballot language for any local question	679
or issue and transmit the language to the secretary of state for	680
the secretary of state's final approval;	681

(W) Prepare and cause the following notice to be displayed in	682
a prominent location in every polling place:	683

"NOTICE	684

Ohio law prohibits any person from voting or attempting to	685
vote more than once at the same election.	686

Violators are guilty of a felony of the fourth degree and	687
shall be imprisoned and additionally may be fined in accordance	688
with law."	689

(X) In all cases of a tie vote or a disagreement in the	690
board, if no decision can be arrived at, the director or	691
chairperson shall submit the matter in controversy, not later than	692
fourteen days after the tie vote or the disagreement, to the	693
secretary of state, who shall summarily decide the question, and	694
the secretary of state's decision shall be final.	695

(Y) Assist each designated agency, deputy registrar of motor	696
vehicles, public high school and vocational school, public	697
library, and office of a county treasurer in the implementation of	698
a program for registering voters at all voter registration	699
locations as prescribed by the secretary of state. Under this	700
program, each board of elections shall direct to the appropriate	701
board of elections any voter registration applications for persons	702
residing outside the county where the board is located within five	703
days after receiving the applications.	704

(Z) On any day on which an elector may vote in person at the	705
office of the board or at another site designated by the board,	706
consider the board or other designated site a polling place for	707
that day. All requirements or prohibitions of law that apply to a	708
polling place shall apply to the office of the board or other	709
designated site on that day.	710

(AA) Perform any duties with respect to voter registration	711
and voting by uniformed services and overseas voters that are	712
delegated to the board by law or by the rules, directives, or	713
advisories of the secretary of state.	714

(BB) Maintain a list of registered electors in the county who	715
cast a ballot at each election, which list shall be provided to	716
the secretary of state following each election.	717

Sec. 3501.111. A board of elections may contract with another	718
board of elections in this state, with a county automatic data	719
processing board, or with an educational service center for the	720
provision of election services, including any duties imposed upon	721
the board of elections under section 3501.11 of the Revised Code.	722
Any contract entered into pursuant to this section shall be	723
approved by the boards of county commissioners of the affected	724
counties.	725

Sec. 3501.13. (A) The director of the board of elections	726
shall keep a full and true record of the proceedings of the board	727
and of all moneys received and expended; file and preserve in the	728
board's office all orders and records pertaining to the	729
administration of registrations, primaries, and elections; receive	730
and have the custody of all books, papers, and property belonging	731
to the board; and perform other duties in connection with the	732
office of director and the proper conduct of elections as the	733
board determines.	734

(B) Before entering upon the duties of the office, the	735
director shall subscribe to an oath that the director will support	736
the Constitution of the United States and the Ohio Constitution,	737
perform all the duties of the office to the best of the director's	738
ability, enforce the election laws, and preserve all records,	739
documents, and other property pertaining to the conduct of	740
elections placed in the director's custody.	741

(C) The director may administer oaths to persons required by	742
law to file certificates or other papers with the board, to ~~judges~~	743
~~of elections~~precinct election officials, to witnesses who are	744
called to testify before the board, and to voters filling out	745
blanks at the board's offices. Except as otherwise provided by	746
state or federal law, the records of the board and papers and	747
books filed in its office are public records and open to	748
inspection under such reasonable regulations as shall be	749
established by the board. The social security number of any	750
elector or of any applicant for voter registration is not a public	751
record. The board shall redact any such number from any record	752
that it makes open to public inspection or copying under this	753
section.	754

The following notice shall be posted in a prominent place at	755
each board office:	756

"Except as otherwise provided by state or federal law,	757
records filed in this office of the board of elections are open to	758
public inspection during normal office hours, pursuant to the	759
following reasonable regulations: (the board shall here list its	760
regulations). Whoever prohibits any person from inspecting the	761
public records of this board is subject to the penalties of	762
section 3599.161 of the Revised Code."	763

(D) Upon receipt of a written declaration of intent to retire	764
as provided for in section 145.38 of the Revised Code, the	765
director shall provide a copy to each member of the board of	766
elections.	767

Sec. 3501.17. (A) The expenses of the board of elections	768
shall be paid from the county treasury, in pursuance of	769
appropriations by the board of county commissioners, in the same	770
manner as other county expenses are paid. If the board of county	771
commissioners fails to appropriate an amount sufficient to provide	772
for the necessary and proper expenses of the board of elections	773
pertaining to the conduct of elections, the board of elections may	774
apply to the court of common pleas within the county, which shall	775
fix the amount necessary to be appropriated and the amount shall	776
be appropriated. Payments shall be made upon vouchers of the board	777
of elections certified to by its chairperson or acting chairperson	778
and the director or deputy director, upon warrants of the county	779
auditor.	780

The board of elections shall not incur any obligation	781
involving the expenditure of money unless there are moneys	782
sufficient in the funds appropriated therefor to meet the	783
obligation. If the board of elections requests a transfer of funds	784
from one of its appropriation items to another, the board of	785
county commissioners shall adopt a resolution providing for the	786
transfer except as otherwise provided in section 5705.40 of the	787
Revised Code. The expenses of the board of elections shall be	788
apportioned among the county and the various subdivisions as	789
provided in this section, and the amount chargeable to each	790
subdivision shall be paid as provided in division (J) of this	791
section or withheld by the auditor from the moneys payable thereto	792
at the time of the next tax settlement. At the time of submitting	793
budget estimates in each year, the board of elections shall submit	794
to the taxing authority of each subdivision, upon the request of	795
the subdivision, an estimate of the amount to be paid or withheld	796
from the subdivision during the current or next fiscal year.	797

(B) Except as otherwise provided in division (F) of this	798
section, the compensation of the members of the board of elections	799
and of the director, deputy director, and regular employees in the	800
board's offices, other than compensation for overtime worked; the	801
expenditures for the rental, furnishing, and equipping of the	802
office of the board and for the necessary office supplies for the	803
use of the board; the expenditures for the acquisition, repair,	804
care, and custody of the polling places, booths, guardrails, and	805
other equipment for polling places; the cost of tally sheets,	806
maps, flags, ballot boxes, and all other permanent records and	807
equipment; the cost of all elections held in and for the state and	808
county; and all other expenses of the board which are not	809
chargeable to a political subdivision in accordance with this	810
section shall be paid in the same manner as other county expenses	811
are paid.	812

(C) The compensation of ~~judges of elections~~precinct election	813
officials and intermittent employees in the board's offices; the	814
cost of renting, moving, heating, and lighting polling places and	815
of placing and removing ballot boxes and other fixtures and	816
equipment thereof, including voting machines, marking devices, and	817
automatic tabulating equipment; the cost of printing and	818
delivering ballots, cards of instructions, registration lists	819
required under section 3503.23 of the Revised Code, and other	820
election supplies, including the supplies required to comply with	821
division (H) of section 3506.01 of the Revised Code; the cost of	822
contractors engaged by the board to prepare, program, test, and	823
operate voting machines, marking devices, and automatic tabulating	824
equipment; and all other expenses of conducting primaries and	825
elections in the odd-numbered years shall be charged to the	826
subdivisions in and for which such primaries or elections are	827
held. The charge for each primary or general election in	828
odd-numbered years for each subdivision shall be determined in the	829
following manner: first, the total cost of all chargeable items	830
used in conducting such elections shall be ascertained; second,	831
the total charge shall be divided by the number of precincts	832
participating in such election, in order to fix the cost per	833
precinct; third, the cost per precinct shall be prorated by the	834
board of elections to the subdivisions conducting elections for	835
the nomination or election of offices in such precinct; fourth,	836
the total cost for each subdivision shall be determined by adding	837
the charges prorated to it in each precinct within the	838
subdivision.	839

(D) The entire cost of special elections held on a day other	840
than the day of a primary or general election, both in	841
odd-numbered or in even-numbered years, shall be charged to the	842
subdivision. Where a special election is held on the same day as a	843
primary or general election in an even-numbered year, the	844
subdivision submitting the special election shall be charged only	845
for the cost of ballots and advertising. Where a special election	846
is held on the same day as a primary or general election in an	847
odd-numbered year, the subdivision submitting the special election	848
shall be charged for the cost of ballots and advertising for such	849
special election, in addition to the charges prorated to such	850
subdivision for the election or nomination of candidates in each	851
precinct within the subdivision, as set forth in the preceding	852
paragraph.	853

(E) Where a special election is held on the day specified by	854
division (E) of section 3501.01 of the Revised Code for the	855
holding of a primary election, for the purpose of submitting to	856
the voters of the state constitutional amendments proposed by the	857
general assembly, and a subdivision conducts a special election on	858
the same day, the entire cost of the special election shall be	859
divided proportionally between the state and the subdivision based	860
upon a ratio determined by the number of issues placed on the	861
ballot by each, except as otherwise provided in division (G) of	862
this section. Such proportional division of cost shall be made	863
only to the extent funds are available for such purpose from	864
amounts appropriated by the general assembly to the secretary of	865
state. If a primary election is also being conducted in the	866
subdivision, the costs shall be apportioned as otherwise provided	867
in this section.	868

(F) When a precinct is open during a general, primary, or	869
special election solely for the purpose of submitting to the	870
voters a statewide ballot issue, the state shall bear the entire	871
cost of the election in that precinct and shall reimburse the	872
county for all expenses incurred in opening the precinct.	873

(G)(1) The state shall bear the entire cost of advertising in	874
newspapers statewide ballot issues, explanations of those issues,	875
and arguments for or against those issues, as required by Section	876
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	877
and any other section of law. Appropriations made to the	878
controlling board shall be used to reimburse the secretary of	879
state for all expenses the secretary of state incurs for such	880
advertising under division (G) of section 3505.062 of the Revised	881
Code.	882

(2) There is hereby created in the state treasury the	883
statewide ballot advertising fund. The fund shall receive	884
transfers approved by the controlling board, and shall be used by	885
the secretary of state to pay the costs of advertising state	886
ballot issues as required under division (G)(1) of this section.	887
Any such transfers may be requested from and approved by the	888
controlling board prior to placing the advertising, in order to	889
facilitate timely provision of the required advertising.	890

(H) The cost of renting, heating, and lighting registration	891
places; the cost of the necessary books, forms, and supplies for	892
the conduct of registration; and the cost of printing and posting	893
precinct registration lists shall be charged to the subdivision in	894
which such registration is held.	895

(I) At the request of a majority of the members of the board	896
of elections, the board of county commissioners may, by	897
resolution, establish an elections revenue fund. Except as	898
otherwise provided in this division, the purpose of the fund shall	899
be to accumulate revenue withheld by or paid to the county under	900
this section for the payment of any expense related to the duties	901
of the board of elections specified in section 3501.11 of the	902
Revised Code, upon approval of a majority of the members of the	903
board of elections. The fund shall not accumulate any revenue	904
withheld by or paid to the county under this section for the	905
compensation of the members of the board of elections or of the	906
director, deputy director, or other regular employees in the	907
board's offices, other than compensation for overtime worked.	908

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	909
Revised Code, the board of county commissioners may, by	910
resolution, transfer money to the elections revenue fund from any	911
other fund of the political subdivision from which such payments	912
lawfully may be made. Following an affirmative vote of a majority	913
of the members of the board of elections, the board of county	914
commissioners may, by resolution, rescind an elections revenue	915
fund established under this division. If an elections revenue fund	916
is rescinded, money that has accumulated in the fund shall be	917
transferred to the county general fund.	918

(J)(1) Not less than fifteen business days before the	919
deadline for submitting a question or issue for placement on the	920
ballot at a special election, the board of elections shall prepare	921
and file with the board of county commissioners and the office of	922
the secretary of state the estimated cost, based on the factors	923
enumerated in this section, for preparing for and conducting an	924
election on one question or issue, one nomination for office, or	925
one election to office in each precinct in the county at that	926
special election and shall divide that cost by the number of	927
registered voters in the county.	928

(2) The board of elections shall provide to a political	929
subdivision seeking to submit a question or issue, a nomination	930
for office, or an election to office for placement on the ballot	931
at a special election with the estimated cost for preparing for	932
and conducting that election, which shall be calculated either by	933
multiplying the number of registered voters in the political	934
subdivision with the cost calculated under division (J)(1) of this	935
section or by multiplying the cost per precinct with the number or	936
precincts in the political subdivision. A political subdivision	937
submitting a question or issue, a nomination for office, or an	938
election to office for placement on the ballot at that special	939
election shall pay to the county elections revenue fund seventy	940
per cent of the estimated cost of the election not less than ten	941
business days after the deadline for submitting a question or	942
issue for placement on the ballot for that special election.	943

(3) Not later than sixty days after the date of a special	944
election, the board of elections shall provide to each political	945
subdivision the true and accurate cost for the question or issue,	946
nomination for office, or election to office that the subdivision	947
submitted to the voters on the special election ballots. If the	948
board of elections determines that a subdivision paid less for the	949
cost of preparing and conducting a special election under division	950
(J)(2) of this section than the actual cost calculated under this	951
division, the subdivision shall remit to the county elections	952
revenue fund the difference between the payment made under	953
division (J)(2) of this section and the final cost calculated	954
under this division within thirty days after being notified of the	955
final cost. If the board of elections determines that a	956
subdivision paid more for the cost of preparing and conducting a	957
special election under division (J)(2) of this section than the	958
actual cost calculated under this division, the board of elections	959
promptly shall notify the board of county commissioners of that	960
difference. The board of county commissioners shall remit from the	961
county elections revenue fund to the political subdivision the	962
difference between the payment made under division (J)(2) of this	963
section and the final cost calculated under this division within	964
thirty days after receiving that notification.	965

(K) As used in this section:

966

(1) "Political subdivision" and "subdivision" mean any board	967
of county commissioners, board of township trustees, legislative	968
authority of a municipal corporation, board of education, or any	969
other board, commission, district, or authority that is empowered	970
to levy taxes or permitted to receive the proceeds of a tax levy,	971
regardless of whether the entity receives tax settlement moneys as	972
described in division (A) of this section;	973

(2) "Statewide ballot issue" means any ballot issue, whether	974
proposed by the general assembly or by initiative or referendum,	975
that is submitted to the voters throughout the state.	976

Sec. 3501.18. (A) The board of elections may divide a	977
political subdivision within its jurisdiction into precincts,	978
establish, define, divide, rearrange, and combine the several	979
election precincts within its jurisdiction, and change the	980
location of the polling place for each precinct when it is	981
necessary to maintain the requirements as to the number of voters	982
in a precinct and to provide for the convenience of the voters and	983
the proper conduct of elections. No change in the number of	984
precincts or in precinct boundaries shall be made during the	985
twenty-five days immediately preceding a primary or general	986
election or between the first day of January and the day on which	987
the members of county central committees are elected in the years	988
in which those committees are elected. Except as otherwise	989
provided in section 3501.20 of the Revised Code and in division	990
(C) of this section, each precinct shall contain a number of	991
electors, not to exceed one thousand four hundred and, if the	992
precinct is located in a municipal corporation, not less than five	993
hundred, that the board of elections determines to be a reasonable	994
number after taking into consideration the type and amount of	995
available equipment, prior voter turnout, the size and location of	996
each selected polling place, available parking, availability of an	997
adequate number of poll workers, and handicap accessibility and	998
other accessibility to the polling place.	999

If the board changes the boundaries of a precinct after the	1000
filing of a local option election petition pursuant to sections	1001
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that	1002
calls for a local option election to be held in that precinct, the	1003
local option election shall be held in the area that constituted	1004
the precinct at the time the local option petition was filed,	1005
regardless of the change in the boundaries.	1006

If the board changes the boundaries of a precinct in order to	1007
meet the requirements of division (B)(1) of this section in a	1008
manner that causes a member of a county central committee to no	1009
longer qualify as a representative of an election precinct in the	1010
county, of a ward of a city in the county, or of a township in the	1011
county, the member shall continue to represent the precinct, ward,	1012
or township for the remainder of the member's term, regardless of	1013
the change in boundaries.	1014

In an emergency, the board may provide more than one polling	1015
place in a precinct. In order to provide for the convenience of	1016
the voters, the board may locate polling places for voting or	1017
registration outside the boundaries of precincts, provided that	1018
the nearest public school or public building shall be used if the	1019
board determines it to be available and suitable for use as a	1020
polling place. Except in an emergency, no change in the number or	1021
location of the polling places in a precinct shall be made during	1022
the twenty-five days immediately preceding a primary or general	1023
election.	1024

Electors who have failed to respond within thirty days to any	1025
confirmation notice shall not be counted in determining the size	1026
of any precinct under this section.	1027

(B)(1) Except as otherwise provided in division (B)(2) of	1028
this section, a board of elections shall determine all precinct	1029
boundaries using geographical units used by the United States	1030
department of commerce, bureau of the census, in reporting the	1031
decennial census of Ohio.	1032

(2) The board of elections may apply to the secretary of	1033
state for a waiver from the requirement of division (B)(1) of this	1034
section when it is not feasible to comply with that requirement	1035
because of unusual physical boundaries or residential development	1036
practices that would cause unusual hardship for voters. The board	1037
shall identify the affected precincts and census units, explain	1038
the reason for the waiver request, and include a map illustrating	1039
where the census units will be split because of the requested	1040
waiver. If the secretary of state approves the waiver and so	1041
notifies the board of elections in writing, the board may change a	1042
precinct boundary as necessary under this section, notwithstanding	1043
the requirement in division (B)(1) of this section.	1044

(C) The board of elections may apply to the secretary of	1045
state for a waiver from the requirement of division (A) of this	1046
section regarding the number of electors in a precinct when the	1047
use of geographical units used by the United States department of	1048
commerce, bureau of the census, will cause a precinct to contain	1049
more than one thousand four hundred electors. The board shall	1050
identify the affected precincts and census units, explain the	1051
reason for the waiver request, and include a map illustrating	1052
where census units will be split because of the requested waiver.	1053
If the secretary of state approves the waiver and so notifies the	1054
board of elections in writing, the board may change a precinct	1055
boundary as necessary to meet the requirements of division (B)(1)	1056
of this section.	1057

(D) A board of elections does not violate division (A) of	1058
this section if its minimum precinct size varies from the minimum	1059
precinct size established in that division by five per cent or	1060
less.	1061

(E) The board of elections may apply to the secretary of	1062
state for a waiver from the minimum precinct size requirements of	1063
division (A) of this section. The board shall identify the	1064
affected precincts and explain the reason for the waiver request.	1065
If the secretary of state approves the waiver and so notifies the	1066
board of elections in writing, the board may change a precinct	1067
boundary in the manner specified in the waiver request.	1068

Sec. 3501.20. ~~The~~Notwithstanding the minimum precinct size	1069
established under section 3501.18 of the Revised Code, the lands	1070
used for a state or national home for disabled soldiers shall	1071
constitute a separate election precinct, and, if necessary, may be	1072
divided and rearranged within such limits as other precincts are	1073
arranged and divided.	1074

Sec. 3501.22. (A) On(1) Except as otherwise provided in	1075
division (A)(2) of this section, on or before the fifteenth day of	1076
September in each year, the board of elections by a majority vote	1077
shall, after careful examination and investigation as to their	1078
qualifications, appoint for each election precinct four residents	1079
of the county in which the precinct is located, as ~~judges~~precinct	1080
election officials. Except as otherwise provided in division (C)	1081
of this section, all ~~judges of~~precinct election officials shall	1082
be qualified electors. The ~~judges~~precinct election officials	1083
shall constitute the election officers of the precinct. Not more	1084
than one-half of the total number of ~~judges~~precinct election	1085
officials shall be members of the same political party. The term	1086
of such precinct officers shall be for one year. The board may, at	1087
any time, designate any number of election officers, not more than	1088
one-half of whom shall be members of the same political party, to	1089
perform their duties at any precinct in any election. The board	1090
may appoint additional officials~~, equally divided between the two~~	1091
~~major political parties,~~ when necessary to expedite voting. If	1092
the board of elections determines that four precinct election	1093
officials are not required in a precinct for a special election,	1094
the board of elections may select two of the precinct's election	1095
officers, who are not members of the same political party, to	1096
serve as the precinct election officials for that precinct in that	1097
special election.	1098

Vacancies for unexpired terms shall be filled by the board.	1099
When new precincts have been created, the board shall appoint	1100
~~judges~~precinct election officials for those precincts for the	1101
unexpired term. Any ~~judge~~precinct election official may be	1102
summarily removed from office at any time by the board for neglect	1103
of duty, malfeasance, or misconduct in office or for any other	1104
good and sufficient reason.	1105

Precinct election officials shall perform all of the duties	1106
provided by law for receiving the ballots and supplies, opening	1107
and closing the polls, and overseeing the casting of ballots	1108
during the time the polls are open, and any other duties required	1109
by section 3501.26 of the Revised Code.	1110

A board of elections may designate two precinct election	1111
officials as counting officials to count and tally the votes cast	1112
and certify the results of the election at each precinct, and	1113
perform other duties as provided by law. To expedite the counting	1114
of votes at each precinct, the board may appoint additional	1115
officials, not more than one-half of whom shall be members of the	1116
same political party.	1117

The board shall designate one of the precinct election	1118
officials ~~who is a member of the dominant political party~~ to serve	1119
as a ~~presiding judge, whose~~voting location manager. The voting	1120
location manager shall be a member of the political party whose	1121
candidate received the highest number of votes for governor in the	1122
precincts whose polling places are located at the applicable	1123
voting location, when tallying the combined vote for governor for	1124
all such precincts. It is the duty ~~it is~~of the voting location	1125
manager to deliver the returns of the election and all supplies to	1126
the office of the board. For these services, the ~~presiding judge~~	1127
voting location manager shall receive additional compensation in	1128
an amount, consistent with section 3501.28 of the Revised Code,	1129
determined by the board of elections.	1130

The board shall issue to each precinct election official a	1131
certificate of appointment, which the official shall present to	1132
the ~~presiding judge~~voting location manager at the time the polls	1133
are opened.	1134

(2) If the board of elections, by majority vote, opts to use	1135
multiple precinct polling locations in lieu of any or all	1136
individual precinct polling locations, the board may appoint	1137
precinct election officials for the multiple precinct polling	1138
locations as follows:	1139

(a) For the first precinct combined in a multiple precinct	1140
polling location, the board shall appoint four precinct election	1141
officials, not more than one-half of whom shall be members of the	1142
same political party.	1143

(b) For each additional precinct combined in a multiple	1144
precinct polling location, the board shall appoint two precinct	1145
election officials, not more than one of whom shall be a member of	1146
the same political party.	1147

(c) The board shall designate one of the precinct election	1148
officials appointed under division (A)(2)(a) or (b) of this	1149
section who is a member of the political party whose candidate for	1150
governor received the highest number of votes in the most recent	1151
general election for that office in the precincts combined in the	1152
multiple precinct polling location as the single voting location	1153
manager for the multiple precinct polling location.	1154

(B) If the board of elections determines that not enough	1155
qualified electors in a precinct are available to serve as	1156
precinct officers, it may appoint persons to serve as precinct	1157
officers at a primary, special, or general election who are at	1158
least seventeen years of age and are registered to vote in	1159
accordance with section 3503.07 of the Revised Code.	1160

(C)(1) A board of elections, in conjunction with the board of	1161
education of a city, local, or exempted village school district,	1162
the governing authority of a community school established under	1163
Chapter 3314. of the Revised Code, or the chief administrator of a	1164
nonpublic school may establish a program permitting certain high	1165
school students to apply and, if appointed by the board of	1166
elections, to serve as precinct officers at a primary, special, or	1167
general election.	1168

In addition to the requirements established by division	1169
(C)(2) of this section, a board of education, governing authority,	1170
or chief administrator that establishes a program under this	1171
division in conjunction with a board of elections may establish	1172
additional criteria that students shall meet to be eligible to	1173
participate in that program.	1174

(2)(a) To be eligible to participate in a program established	1175
under division (C)(1) of this section, a student shall be a United	1176
States citizen, a resident of the county, at least seventeen years	1177
of age, and enrolled in the senior year of high school.	1178

(b) Any student applying to participate in a program	1179
established under division (C)(1) of this section, as part of the	1180
student's application process, shall declare the student's	1181
political party affiliation with the board of elections.	1182

(3) No student appointed as a precinct officer pursuant to a	1183
program established under division (C)(1) of this section shall be	1184
designated as a ~~presiding judge~~voting location manager.	1185

(4) Any student participating in a program established under	1186
division (C)(1) of this section shall be excused for that	1187
student's absence from school on the day of an election at which	1188
the student is serving as a precinct officer.	1189

(D) In any precinct with six or more precinct officers, up to	1190
two students participating in a program established under division	1191
(C)(1) of this section who are under eighteen years of age may	1192
serve as precinct officers. Not more than one precinct officer in	1193
any given precinct with fewer than six precinct officers shall be	1194
under eighteen years of age.	1195

Sec. 3501.26. When the polls are closed after a primary,	1196
general, or special election, the receiving officials shall, in	1197
the presence of the counting officials and attending observers,	1198
proceed as follows:	1199

(A) Count the number of electors who voted, as shown on the	1200
poll books;	1201

(B) Count the unused ballots without removing stubs;

1202

1203

(D) Insert the totals of divisions (A), (B), and (C) of this	1204
section on the report forms provided therefor in the poll books;	1205

(E) Count the voted ballots. If the number of voted ballots	1206
exceeds the number of voters whose names appear upon the poll	1207
books, the ~~presiding judge~~voting location manager shall enter on	1208
the poll books an explanation of that discrepancy, and that	1209
explanation, if agreed to, shall be subscribed to by all of the	1210
~~judges~~precinct election officials. Any ~~judge~~precinct official	1211
having a different explanation shall enter it in the poll books	1212
and subscribe to it.	1213

(F) Put the unused ballots with stubs attached, and soiled	1214
and defaced ballots with stubs attached, in the envelopes or	1215
containers provided therefor, and certify the number.	1216

The receiving officials shall deliver to and place in the	1217
custody of the counting officials all the supplies provided for	1218
the conduct of that election and the ballots that are to be	1219
counted and tallied, and take a receipt for the same, which	1220
receipt shall appear in and be a part of the poll books of such	1221
precinct. Having performed their duties, the receiving officials	1222
shall immediately depart.	1223

Having receipted for the ballots, the counting officials	1224
shall proceed to count and tally the vote as cast in the manner	1225
prescribed by section 3505.27 of the Revised Code and certify the	1226
result of the election to the board of elections.	1227

Sec. 3501.27. (A) All ~~judges of~~precinct election officials	1228
shall complete a program of instruction pursuant to division (B)	1229
of this section. No person who has been convicted of a felony or	1230
any violation of the election laws, who is unable to read and	1231
write the English language readily, or who is a candidate for an	1232
office to be voted for by the voters of the precinct in which the	1233
person is to serve shall serve as an election officer. A person	1234
when appointed as an election officer shall receive from the board	1235
of elections a certificate of appointment that may be revoked at	1236
any time by the board for good and sufficient reasons. The	1237
certificate shall be in the form the board prescribes and shall	1238
specify the precinct, ward, or district in and for which the	1239
person to whom it is issued is appointed to serve, the date of	1240
appointment, and the expiration of the person's term of service.	1241

(B)(1) Each board shall establish a program as prescribed by	1242
the secretary of state for the instruction of election officers in	1243
the rules, procedures, and law relating to elections. In each	1244
program, the board shall use training materials prepared by the	1245
secretary of state and may use additional materials prepared by or	1246
on behalf of the board. The board may use the services of unpaid	1247
volunteers in conducting its program and may reimburse those	1248
volunteers for necessary and actual expenses incurred in	1249
participating in the program.	1250

~~The~~Subject to division (B)(2) of this section, the board	1251
shall train each new election officer before the new officer	1252
participates in the first election in that capacity. The board	1253
shall instruct election officials who have been trained previously	1254
only when the board or secretary of state considers that	1255
instruction necessary, but the board shall reinstruct such	1256
persons, other than ~~presiding judges~~voting location managers, at	1257
least once in every three years and shall reinstruct ~~presiding~~	1258
~~judges~~voting location managers before the primary election in	1259
even-numbered years. The board shall schedule any program of	1260
instruction within sixty days prior to the election in which the	1261
officials to be trained will participate.	1262

(2) In addition to the training required under division	1263
(B)(1) of this section, the secretary of state may mandate	1264
additional training for election officials on a continuing basis	1265
in an effort to achieve election uniformity.	1266

(C) The duties of a ~~judge of an~~precinct election official in	1267
each polling place shall be performed only by an individual who	1268
has successfully completed the requirements of the program, unless	1269
such an individual is unavailable after reasonable efforts to	1270
obtain such services.	1271

(D) The secretary of state shall establish a program for the	1272
instruction of members of boards of elections and employees of	1273
boards in the rules, procedures, and law relating to elections.	1274
Each member and employee shall complete the training program	1275
within six months after the member's or employee's original	1276
appointment or employment, and thereafter each member and employee	1277
shall complete a training program to update their knowledge once	1278
every four years or more often as determined by the secretary of	1279
state.	1280

(E) The secretary of state shall reimburse each county for	1281
the cost of programs established pursuant to division (B) of this	1282
section, once the secretary of state has received an itemized	1283
statement of expenses for such instruction programs from the	1284
county. The itemized statement shall be in a form prescribed by	1285
the secretary of state.	1286

Sec. 3501.28. (A) As used in this section:

1287

(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor	1288
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as	1289
amended.	1290

(2) "Full election day" means the period of time between the	1291
opening of the polls and the completion of the procedures	1292
contained in section 3501.26 of the Revised Code.	1293

(3) "Services" means services at each general, primary, or	1294
special election.	1295

(B) ~~Beginning with calendar year 1998, each judge of an~~	1296
~~election in a county shall be paid for the judge's services at the~~	1297
~~same hourly rate, which shall be not less than the minimum hourly~~	1298
~~rate established by the Fair Labor Standards Act and not more than~~	1299
~~eighty-five dollars per diem.~~	1300

~~(C)~~ Beginning with calendar year 2004, each ~~judge of an~~	1301
precinct election official in a county shall be paid for the	1302
~~judge's~~official's services at the same hourly rate, which shall	1303
be not less than the minimum hourly rate established by the Fair	1304
Labor Standards Act and not more than ninety-five dollars per	1305
diem.	1306

~~(D)~~(C) The secretary of state shall establish, by rule	1307
adopted under section 111.15 of the Revised Code, the maximum	1308
amount of per diem compensation that may be paid to ~~judges of an~~	1309
precinct election officials under this section each time the Fair	1310
Labor Standards Act is amended to increase the minimum hourly rate	1311
established by the act. Upon learning of such an increase, the	1312
secretary of state shall determine by what percentage the minimum	1313
hourly rate has been increased under the act and establish a new	1314
maximum amount of per diem compensation that ~~judges of an~~precinct	1315
election officials may be paid under this section that is	1316
increased by the same percentage that the minimum hourly rate has	1317
been increased under the act.	1318

~~(E)~~(D)(1)(a) No board of elections shall increase the pay of	1319
a ~~judge of an~~precinct election official under this section during	1320
a calendar year unless the board has given written notice of the	1321
proposed increase to the board of county commissioners not later	1322
than the first day of October of the preceding calendar year.	1323

(b) Except as otherwise provided in division ~~(E)~~(D)(2) of	1324
this section, a board of elections may increase the pay of a ~~judge~~	1325
~~of an~~precinct election official during a calendar year by up to,	1326
but not exceeding, nine per cent over the compensation paid to a	1327
~~judge of an~~precinct election official in the county where the	1328
board is located during the previous calendar year, if the	1329
compensation so paid during the previous calendar year was	1330
eighty-five dollars or less per diem.	1331

(c) Except as otherwise provided in division ~~(E)~~(D)(2) of	1332
this section, a board of elections may increase the pay of a ~~judge~~	1333
~~of an~~precinct election official during a calendar year by up to,	1334
but not exceeding, four and one-half per cent over the	1335
compensation paid to a ~~judge of an~~precinct election official in	1336
the county where the board is located during the previous calendar	1337
year, if the compensation so paid during the previous calendar	1338
year was more than eighty-five but less than ninety-five dollars	1339
per diem.	1340

(2) The board of county commissioners may review and comment	1341
upon a proposed increase and may enter into a written agreement	1342
with a board of elections to permit an increase in the	1343
compensation paid to ~~judges of an~~precinct election officials for	1344
their services during a calendar year that is greater than the	1345
applicable percentage limitation described in division	1346
~~(E)~~(D)(1)(b) or (c) of this section.	1347

~~(F)~~(E) No ~~judge of an~~precinct election official who works	1348
less than the full election day shall be paid the maximum amount	1349
allowed under this section or the maximum amount as set by the	1350
board of elections, whichever is less.	1351

~~(G)~~(F)(1) Except as otherwise provided in divisions ~~(G)~~(F)(4)	1352
to (6) of this section, any employee of the state or of any	1353
political subdivision of the state may serve as a ~~judge of~~	1354
~~elections~~precinct election official on the day of an election	1355
without loss of the employee's regular compensation for that day	1356
as follows:	1357

(a) For employees of a county office, department, commission,	1358
board, or other entity, or of a court of common pleas, county	1359
court, or county-operated municipal court, as defined in section	1360
1901.03 of the Revised Code, the employee's appointing authority	1361
may permit leave with pay for this service in accordance with a	1362
resolution setting forth the terms and conditions for that leave	1363
passed by the board of county commissioners.	1364

(b) For all other employees of a political subdivision of the	1365
state, leave with pay for this service shall be subject to the	1366
terms and conditions set forth in an ordinance or a resolution	1367
passed by the legislative authority of the applicable political	1368
subdivision.	1369

(c) For state employees, leave with pay for this service	1370
shall be subject to the terms and conditions set forth by the head	1371
of the state agency, as defined in section 1.60 of the Revised	1372
Code, by which the person is employed.	1373

(2) Any terms and conditions set forth by a board of county	1374
commissioners, legislative authority of a political subdivision,	1375
or head of a state agency under division ~~(G)~~(F)(1) of this section	1376
shall include a standard procedure for deciding which employees	1377
are permitted to receive leave with pay if multiple employees of	1378
an entity or court described in division ~~(G)~~(F)(1)(a) of this	1379
section, of an entity of a political subdivision described in	1380
division ~~(G)~~(F)(1)(b) of this section, or of a state agency as	1381
defined in section 1.60 of the Revised Code apply to serve as a	1382
~~judge of elections~~precinct election official on the day of an	1383
election. This procedure shall be applied uniformly to all	1384
similarly situated employees.	1385

(3) Any employee who is eligible for leave with pay under	1386
division ~~(G)~~(F)(1) of this section shall receive, in addition to	1387
the employee's regular compensation, the compensation paid to the	1388
~~judge of an~~precinct election official under division (B),or (C),	1389
~~or (D)~~ of this section.	1390

(4) Division ~~(G)~~(F)(1) of this section does not apply to	1391
either of the following:	1392

(a) Election officials;

1393

(b) Public school teachers.

1394

(5) Nothing in division ~~(G)~~(F)(1) of this section supersedes	1395
or negates any provision of a collective bargaining agreement in	1396
effect under Chapter 4117. of the Revised Code.	1397

(6) If a board of county commissioners, legislative authority	1398
of a political subdivision, or head of a state agency fails to set	1399
forth any terms and conditions under division ~~(G)~~(F)(1) of this	1400
section, an employee of an entity or court described in division	1401
~~(G)~~(F)(1)(a) of this section, of an entity of a political	1402
subdivision described in division ~~(G)~~(F)(1)(b) of this section, or	1403
of a state agency as defined in section 1.60 of the Revised Code	1404
may use personal leave, vacation leave, or compensatory time, or	1405
take unpaid leave, to serve as a ~~judge of elections~~precinct	1406
election official on the day of an election.	1407

~~(H)~~(G) The board of elections may withhold the compensation	1408
of any precinct election official for failure to obey the	1409
instructions of the board or to comply with the law relating to	1410
the duties of ~~such~~a precinct ~~judge~~election official. Any payment	1411
a ~~judge of an~~precinct election official is entitled to receive	1412
under section 3501.36 of the Revised Code is in addition to the	1413
compensation the ~~judge~~official is entitled to receive under this	1414
section.	1415

Sec. 3501.29. (A) The board of elections shall provide for	1416
each precinct a polling place and provide adequate facilities at	1417
each polling place for conducting the election. The board shall	1418
provide a sufficient number of screened or curtained voting	1419
compartments to which electors may retire and conveniently mark	1420
their ballots, protected from the observation of others. Each	1421
voting compartment shall be provided at all times with writing	1422
implements, instructions how to vote, and other necessary	1423
conveniences for marking the ballot. The ~~presiding judge~~voting	1424
location manager shall ensure that the voting compartments at all	1425
times are adequately lighted and contain the necessary supplies.	1426
The board shall utilize, in so far as practicable, rooms in public	1427
schools and other public buildings for polling places. Upon	1428
application of the board of elections, the authority which has the	1429
control of any building or grounds supported by taxation under the	1430
laws of this state, shall make available the necessary space	1431
therein for the purpose of holding elections and adequate space	1432
for the storage of voting machines, without charge for the use	1433
thereof. A reasonable sum may be paid for necessary janitorial	1434
service. When polling places are established in private buildings,	1435
the board may pay a reasonable rental therefor, and also the cost	1436
of liability insurance covering the premises when used for	1437
election purposes, or the board may purchase a single liability	1438
policy covering the board and the owners of the premises when used	1439
for election purposes. When removable buildings are supplied by	1440
the board, they shall be constructed under the contract let to the	1441
lowest and best bidder, and the board shall observe all ordinances	1442
and regulations then in force as to safety. The board shall remove	1443
all such buildings from streets and other public places within	1444
thirty days after an election, unless another election is to be	1445
held within ninety days.	1446

(B)(1) Except as otherwise provided in this section, the	1447
board shall ensure all of the following:	1448

(a) That polling places are free of barriers that would	1449
impede ingress and egress of handicapped persons;	1450

(b) That the minimum number of special parking locations,	1451
also known as handicapped parking spaces or disability parking	1452
spaces, for handicapped persons are designated at each polling	1453
place in accordance with 28 C.F.R. Part 36, Appendix A, and in	1454
compliance with division (E) of section 4511.69 of the Revised	1455
Code.	1456

(c) That the entrances of polling places are level or are	1457
provided with a nonskid ramp ~~of not over eight per cent gradient~~	1458
that meets the requirements of the "Americans with Disabilities	1459
Act of 1990," 104 Stat. 327, 42 U.S.C. 12101;	1460

(d) That doors are a minimum of thirty-two inches wide.

1461

(2) Notwithstanding division (B)(1)(a), (c), or (d) of this	1462
section, certain polling places may be specifically exempted by	1463
the secretary of state upon certification by a board of elections	1464
that a good faith, but unsuccessful, effort has been made to	1465
modify, or change the location of, such polling places.	1466

(C) ~~At any~~If a polling place ~~that is~~has been exempted from	1467
compliance by the secretary of state under division (B)(2) of this	1468
section, the board of elections shall permit any handicapped	1469
elector who travels to that ~~elector's~~ polling place, but who is	1470
unable to enter the polling place due to the inaccessibility of	1471
the polling place, to vote, with the assistance of two polling	1472
place officials of major political parties, in the vehicle that	1473
conveyed that elector to the polling place, or to receive and cast	1474
that elector's ballot at the door of the polling place.	1475

(D) The secretary of state shall:

1476

(1) Work with other state agencies to facilitate the	1477
distribution of information and technical assistance to boards of	1478
elections to meet the requirements of division (B) of this	1479
section;	1480

(2) Work with organizations that represent or provide	1481
services to handicapped, disabled, or elderly citizens to effect a	1482
wide dissemination of information about the availability of	1483
absentee voting, voting in the voter's vehicle or at the door of	1484
the polling place, or other election services to handicapped,	1485
disabled, or elderly citizens.	1486

(E) Before the day of an election, the director of the board	1487
of elections of each county shall sign a statement verifying that	1488
each polling place that will be used in that county at that	1489
election meets the requirements of division (B)(1)(b) of this	1490
section. The signed statement shall be sent to the secretary of	1491
state by certified mail.	1492

(F) As used in this section, "handicapped" means having lost	1493
the use of one or both legs, one or both arms, or any combination	1494
thereof, or being blind or so severely disabled as to be unable to	1495
move about without the aid of crutches or a wheelchair.	1496

Sec. 3501.30. (A) The board of elections shall provide for	1497
each polling place the necessary ballot ~~boxes~~box, official	1498
ballots, cards of instructions, registration forms, pollbooks or	1499
poll lists, tally sheets, forms on which to make summary	1500
statements, writing implements, paper, and all other supplies	1501
necessary for casting and counting the ballots and recording the	1502
results of the voting at the polling place. The pollbooks or poll	1503
lists shall have certificates appropriately printed on them for	1504
the signatures of all the precinct officials, by which they shall	1505
certify that, to the best of their knowledge and belief, the	1506
pollbooks or poll lists correctly show the names of all electors	1507
who voted in the polling place at the election indicated in the	1508
pollbooks or poll lists.	1509

All of the following shall be included among the supplies	1510
provided to each polling place:	1511

(1) A large map of each appropriate precinct, which shall be	1512
displayed prominently to assist persons who desire to register or	1513
vote on election day. Each map shall show all streets within the	1514
precinct and contain identifying symbols of the precinct in bold	1515
print.	1516

(2) Any materials, postings, or instructions required to	1517
comply with state or federal laws;	1518

(3) A flag of the United States approximately two and	1519
one-half feet in length along the top, which shall be displayed	1520
outside the entrance to the polling place during the time it is	1521
open for voting;	1522

(4) Two or more small flags of the United States	1523
approximately fifteen inches in length along the top, which shall	1524
be placed at a distance of one hundred feet from the polling place	1525
on the thoroughfares or walkways leading to the polling place, to	1526
mark the distance within which persons other than election	1527
officials, observers, police officers, and electors waiting to	1528
mark, marking, or casting their ballots shall not loiter,	1529
congregate, or engage in any kind of election campaigning. Where	1530
small flags cannot reasonably be placed one hundred feet from the	1531
polling place, the ~~presiding election judge~~voting location	1532
manager shall place the flags as near to one hundred feet from the	1533
entrance to the polling place as is physically possible. Police	1534
officers and all election officials shall see that this	1535
prohibition against loitering and congregating is enforced.	1536

When the period of time during which the polling place is	1537
open for voting expires, all of the flags described in this	1538
division shall be taken into the polling place and shall be	1539
returned to the board together with all other election supplies	1540
required to be delivered to the board.	1541

(B) The board of elections shall follow the instructions and	1542
advisories of the secretary of state in the production and use of	1543
polling place supplies.	1544

Sec. 3501.301. A contract involving a cost in excess of ~~ten~~	1545
twenty-five thousand dollars for printing and furnishing the	1546
supplies, other than the official ballots, required in section	1547
3501.30 of the Revised Code, shall not be let until the board of	1548
elections has caused notice to be published once in a newspaper of	1549
general circulation within the county or upon notice given by	1550
mail, addressed to the responsible suppliers within the state. The	1551
board of elections may require that each bid be accompanied by a	1552
bond, with at least two individual sureties, or a surety company,	1553
satisfactory to the board, in a sum double the amount of the bid,	1554
conditioned upon the faithful performance of the contract awarded	1555
and for the payment as damages by such bidder to the board of any	1556
excess of cost over the bid which it may be required to pay for	1557
such work by reason of the failure of the bidder to complete the	1558
contract. The contract shall be let to the lowest and best bidder.	1559

Sec. 3501.302. The secretary of state may enter into	1560
agreements for the bulk purchase of election supplies in order to	1561
reduce the costs for such purchases by individual boards of	1562
elections. A board of elections desiring to participate in such	1563
purchase agreements shall file with the secretary of state a	1564
written request for inclusion. A request for inclusion shall	1565
include an agreement to be bound by such terms and conditions as	1566
the secretary of state prescribes and to make direct payments to	1567
the vendor under each purchase agreement.	1568

Sec. 3501.31. The board of elections shall mail to each	1569
precinct election official notice of the date, hours, and place of	1570
holding each election in the official's respective precinct at	1571
which it desires the official to serve. Each of such officials	1572
shall notify the board immediately upon receipt of such notice of	1573
any inability to serve.	1574

The election official designated as ~~presiding judge~~voting	1575
location manager under section 3501.22 of the Revised Code shall	1576
call at the office of the board at such time before the day of the	1577
election, not earlier than the tenth day before the day of the	1578
election, as the board designates to obtain the ballots,	1579
pollbooks, registration forms and lists, and other material to be	1580
used in the official's polling place on election day.	1581

The board may also provide for the delivery of such materials	1582
to polling places in a municipal corporation by members of the	1583
police department of such municipal corporation; or the board may	1584
provide for the delivery of such materials to the ~~presiding judge~~	1585
voting location manager not earlier than the tenth day before the	1586
election, in any manner it finds to be advisable.	1587

On election day the precinct election officials shall	1588
punctually attend the polling place ~~one-half hour before~~at the	1589
time ~~fixed for opening the polls~~determined by the board of	1590
elections. Each of the precinct election officials shall thereupon	1591
make and subscribe to a statement which shall be as follows:	1592

"State of Ohio	1593

County of ...............	1594

I do solemnly swear under the penalty of perjury that I will	1595
support the constitution of the United States of America and the	1596
constitution of the state of Ohio and its laws; that I have not	1597
been convicted of a felony or any violation of the election laws;	1598
that I will discharge to the best of my ability the duties of	1599
~~judge of~~precinct election official in and for precinct	1600
.................... in the .................... (township) or	1601
(ward and city or village) .................... in the county of	1602
...................., in the election to be held on the ..........	1603
day of ..............., ....., as required by law and the rules	1604
and instructions of the board of elections of said county; and	1605
that I will endeavor to prevent fraud in such election, and will	1606
report immediately to said board any violations of the election	1607
laws which come to my attention, and will not disclose any	1608
information as to how any elector voted which is gained by me in	1609
the discharge of my official duties.	1610

............................................................	1611

............................................................	1612

............................................................	1613

............................................................	1614

............................................................	1615

............................................................	1616

(Signatures of precinct election officials)"	1617

If any of the other precinct election officials is absent at	1618
that time, the ~~presiding judge~~voting location manager, with the	1619
concurrence of a majority of the precinct election officials	1620
present, shall appoint a qualified elector who is a member of the	1621
same political party as the political party of which such absent	1622
precinct election official is a member to fill the vacancy until	1623
the board appoints a person to fill such vacancy and the person so	1624
appointed reports for duty at the polling place. The ~~presiding~~	1625
~~judge~~voting location manager shall promptly notify the board of	1626
such vacancy by telephone or otherwise. The ~~presiding judge~~voting	1627
location manager also shall assign the precinct election officials	1628
to their respective duties and shall have general charge of the	1629
polling place.	1630

Sec. 3501.32. (A) Except as otherwise provided in division	1631
(B) of this section, on the day of the election the polls shall be	1632
opened by proclamation by the ~~presiding judge~~voting location	1633
manager, or in ~~his~~the manager's absence by a ~~presiding judge~~	1634
voting location manager chosen by the ~~judges~~precinct election	1635
officials, at six-thirty a.m. and shall be closed by proclamation	1636
at seven-thirty p.m. unless there are voters waiting in line to	1637
cast their ballots, in which case the polls shall be kept open	1638
until such waiting voters have voted.	1639

(B) On the day of the election, any polling place located on	1640
an island not connected to the mainland by a highway or a bridge	1641
may close earlier than seven-thirty p.m. if all registered voters	1642
in the precinct have voted. When a polling place closes under	1643
division (B) of this section the ~~presiding judge~~voting location	1644
manager shall immediately notify the board of elections of the	1645
closing.	1646

Sec. 3501.33. All ~~judges of~~precinct election officials	1647
shall enforce peace and good order in and about the place of	1648
registration or election. They shall especially keep the place of	1649
access of the electors to the polling place open and unobstructed	1650
and prevent and stop any improper practices or attempts tending to	1651
obstruct, intimidate, or interfere with any elector in registering	1652
or voting. They shall protect observers against molestation and	1653
violence in the performance of their duties, and may eject from	1654
the polling place any observer for violation of any provision of	1655
Title XXXV of the Revised Code. They shall prevent riots,	1656
violence, tumult, or disorder. In the discharge of these duties,	1657
they may call upon the sheriff, police, or other peace officers to	1658
aid them in enforcing the law. They may order the arrest of any	1659
person violating Title XXXV of the Revised Code, but such an	1660
arrest shall not prevent the person from registering or voting if	1661
the person is entitled to do so. The sheriff, all constables,	1662
police officers, and other officers of the peace shall immediately	1663
obey and aid in the enforcement of any lawful order made by the	1664
precinct election officials in the enforcement of Title XXXV of	1665
the Revised Code.	1666

Sec. 3501.35. (A)(1) During an election and the counting of	1667
the ballots, no person shall do any of the following:	1668

~~(1)~~(a) Loiter, congregate, or engage in any kind of election	1669
campaigning ~~within the area between the polling place and the~~	1670
~~small flags of the United States placed on the thoroughfares and~~	1671
~~walkways leading to the polling place, and if the line of electors~~	1672
~~waiting to vote extends beyond those small flags,~~ within ~~ten~~fifty	1673
feet of ~~any elector in that line~~the entrance to a polling place;	1674

~~(2)~~(b) In any manner hinder or delay an elector in reaching	1675
or leaving the place fixed for casting the elector's ballot;	1676

~~(3)~~(c) Give, tender, or exhibit any ballot or ticket to any	1677
person other than the elector's own ballot to the ~~judge of~~	1678
precinct election officials within the area between the polling	1679
place and the small flags of the United States placed on the	1680
thoroughfares and walkways leading to the polling place, and if	1681
the line of electors waiting to vote extends beyond those small	1682
flags, within ten feet of any elector in that line;	1683

~~(4)~~(d) Exhibit any ticket or ballot which the elector	1684
intends to cast;	1685

~~(5)~~(e) Solicit or in any manner attempt to influence any	1686
elector in casting the elector's vote.	1687

(2) Whoever violates division (A)(1)(a) of this section is	1688
guilty of a minor misdemeanor; if the person refuses to comply	1689
with the judges of election or law enforcement officers who are	1690
enforcing that division, the person is guilty of a misdemeanor of	1691
the first degree.	1692

(B)(1) Except as otherwise provided in division (B)(2) of	1693
this section and division (C) of section 3503.23 of the Revised	1694
Code, no person who is not an election official, employee,	1695
observer, or police officer shall be allowed to enter the polling	1696
place during the election, except for the purpose of voting or	1697
assisting another person to vote as provided in section 3505.24 of	1698
the Revised Code.	1699

(2) Notwithstanding any provision of this section to the	1700
contrary, a journalist shall be allowed reasonable access to a	1701
polling place during an election. As used in this division,	1702
"journalist" has the same meaning as in division (B)(9) of section	1703
149.43 of the Revised Code.	1704

(C) No more electors shall be allowed to approach the voting	1705
shelves at any time than there are voting shelves provided.	1706

(D) The line of waiting voters and persons loitering,	1707
congregating, or campaigning near that line shall not impede the	1708
normal flow of traffic or access to the entrance or exit of any	1709
business or organization in the vicinity.	1710

(E) The ~~judges of~~precinct election officials and the police	1711
officer shall strictly enforce the observance of this section.	1712

Sec. 3501.37. After each election, the ~~judges of elections~~	1713
precinct election officials of each precinct, except when the	1714
board of elections assumes the duty, shall see that the movable	1715
booths and other equipment are returned for safekeeping to the	1716
fiscal officer of the township or to the clerk or auditor of the	1717
municipal corporation in which the precinct is situated. The	1718
fiscal officer, clerk, or auditor shall have booths and equipment	1719
on hand and in place at the polling places in each precinct before	1720
the time for opening the polls on election days, and for this	1721
service the board may allow the necessary expenses incurred. In	1722
cities, this duty shall devolve on the board.	1723

Sec. 3501.38. All declarations of candidacy, nominating	1724
petitions, or other petitions presented to or filed with the	1725
secretary of state or a board of elections or with any other	1726
public office for the purpose of becoming a candidate for any	1727
nomination or office or for the holding of an election on any	1728
issue shall, in addition to meeting the other specific	1729
requirements prescribed in the sections of the Revised Code	1730
relating to them, be governed by the following rules:	1731

(A) Only electors qualified to vote on the candidacy or issue	1732
which is the subject of the petition shall sign a petition. Each	1733
signer shall be a registered elector pursuant to section ~~3503.11~~	1734
3503.01 of the Revised Code. The facts of qualification shall be	1735
determined as of the date when the petition is filed.	1736

(B) Signatures shall be affixed in ink. Each signer may also	1737
print the signer's name, so as to clearly identify the signer's	1738
signature.	1739

(C) Each signer shall place on the petition after the	1740
signer's name the date of signing and the location of the signer's	1741
voting residence, including the street and number if in a	1742
municipal corporation or the rural route number, post office	1743
address, or township if outside a municipal corporation. The	1744
voting address given on the petition shall be the address	1745
appearing in the registration records at the board of elections.	1746

(D) Except as otherwise provided in section 3501.382 of the	1747
Revised Code, no person shall write any name other than the	1748
person's own on any petition. Except as otherwise provided in	1749
section 3501.382 of the Revised Code, no person may authorize	1750
another to sign for the person. If a petition contains the	1751
signature of an elector two or more times, only the first	1752
signature shall be counted.	1753

(E)(1) On each petition paper, the circulator shall indicate	1754
the number of signatures contained on it, and shall sign a	1755
statement made under penalty of election falsification that the	1756
circulator witnessed the affixing of every signature, that all	1757
signers were to the best of the circulator's knowledge and belief	1758
qualified to sign, and that every signature is to the best of the	1759
circulator's knowledge and belief the signature of the person	1760
whose signature it purports to be or of an attorney in fact acting	1761
pursuant to section 3501.382 of the Revised Code. On the	1762
circulator's statement for a declaration of candidacy or	1763
nominating petition for a person seeking to become a statewide	1764
candidate or for a statewide initiative or a statewide referendum	1765
petition, the circulator shall identify the circulator's name, the	1766
address of the circulator's permanent residence, and the name and	1767
address of the person employing the circulator to circulate the	1768
petition, if any.	1769

(2) As used in division (E) of this section, "statewide	1770
candidate" means the joint candidates for the offices of governor	1771
and lieutenant governor or a candidate for the office of secretary	1772
of state, auditor of state, treasurer of state, or attorney	1773
general.	1774

(F) Except as otherwise provided in section 3501.382 of the	1775
Revised Code, if a circulator knowingly permits an unqualified	1776
person to sign a petition paper or permits a person to write a	1777
name other than the person's own on a petition paper, that	1778
petition paper is invalid; otherwise, the signature of a person	1779
not qualified to sign shall be rejected but shall not invalidate	1780
the other valid signatures on the paper.	1781

(G) The circulator of a petition may, before filing it in a	1782
public office, strike from it any signature the circulator does	1783
not wish to present as a part of the petition.	1784

(H) Any signer of a petition or an attorney in fact acting	1785
pursuant to section 3501.382 of the Revised Code on behalf of a	1786
signer may remove the signer's signature from that petition at any	1787
time before the petition is filed in a public office by striking	1788
the signer's name from the petition; no signature may be removed	1789
after the petition is filed in any public office.	1790

(I)(1) No alterations, corrections, or additions may be made	1791
to a petition after it is filed in a public office.	1792

(2)(a) No declaration of candidacy, nominating petition, or	1793
other petition for the purpose of becoming a candidate may be	1794
withdrawn after it is filed in a public office. Nothing in this	1795
division prohibits a person from withdrawing as a candidate as	1796
otherwise provided by law.	1797

(b) No petition presented to or filed with the secretary of	1798
state, a board of elections, or any other public office for the	1799
purpose of the holding of an election on any question or issue may	1800
be resubmitted after it is withdrawn from a public office. Nothing	1801
in this division prevents a question or issue petition from being	1802
withdrawn by the filing of a written notice of the withdrawal by a	1803
majority of the members of the petitioning committee with the same	1804
public office with which the petition was filed prior to the	1805
sixtieth day before the election at which the question or issue is	1806
scheduled to appear on the ballot.	1807

(J) All declarations of candidacy, nominating petitions, or	1808
other petitions under this section shall be accompanied by the	1809
following statement in boldface capital letters: WHOEVER COMMITS	1810
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	1811

(K) All separate petition papers shall be filed at the same	1812
time, as one instrument.	1813

(L) If a board of elections distributes for use a petition	1814
form for a declaration of candidacy, nominating petition, or any	1815
type of question or issue petition that does not satisfy the	1816
requirements of law as of the date of that distribution, the board	1817
shall not invalidate the petition on the basis that the petition	1818
form does not satisfy the requirements of law, if the petition	1819
otherwise is valid. Division (L) of this section applies only if	1820
the candidate received the petition from the board within ninety	1821
days of when the petition is required to be filed.	1822

Sec. 3501.40. Notwithstanding any provision of the Revised	1823
Code to the contrary, only the attorney general, in consultation	1824
with the governor, the secretary of state, the president of the	1825
senate, and the speaker of the house of representatives, shall	1826
enter into a consent decree in any judicial challenge to any	1827
provision of Title XXXV of the Revised Code, to any other section	1828
of the Revised Code governing the election process in this state,	1829
or to any election procedure conducted under the rules,	1830
directives, or advisories issued by the secretary of state.	1831

Sec. 3503.02. All registrars and ~~judges of elections~~	1832
precinct election officials, in determining the residence of a	1833
person offering to register or vote, shall be governed by the	1834
following rules:	1835

(A) That place shall be considered the residence of a person	1836
in which the person's habitation is fixed and to which, whenever	1837
the person is absent, the person has the intention of returning.	1838

(B) A person shall not be considered to have lost the	1839
person's residence who leaves the person's home and goes into	1840
another state or county of this state, for temporary purposes	1841
only, with the intention of returning.	1842

(C) A person shall not be considered to have gained a	1843
residence in any county of this state into which the person comes	1844
for temporary purposes only, without the intention of making such	1845
county the permanent place of abode.	1846

(D) The place where the family of a married person resides	1847
shall be considered to be the person's place of residence; except	1848
that when the spouses have separated and live apart, the place	1849
where such a spouse resides the length of time required to entitle	1850
a person to vote shall be considered to be the spouse's place of	1851
residence.	1852

(E) If a person removes to another state with the intention	1853
of making such state the person's residence, the person shall be	1854
considered to have lost the person's residence in this state.	1855

(F) Except as otherwise provided in division (G) of this	1856
section, if a person removes from this state and continuously	1857
resides outside this state for a period of four years or more, the	1858
person shall be considered to have lost the person's residence in	1859
this state, notwithstanding the fact that the person may entertain	1860
an intention to return at some future period.	1861

(G) If a person removes from this state to engage in the	1862
services of the United States government, the person shall not be	1863
considered to have lost the person's residence in this state	1864
during the period of such service, and likewise should the person	1865
enter the employment of the state, the place where such person	1866
resided at the time of the person's removal shall be considered to	1867
be the person's place of residence.	1868

(H) If a person goes into another state and while there	1869
exercises the right of a citizen by voting, the person shall be	1870
considered to have lost the person's residence in this state.	1871

(I) If a person does not have a fixed place of habitation,	1872
but has a shelter or other location at which the person has been a	1873
consistent or regular inhabitant and to which the person has the	1874
intention of returning, that shelter or other location shall be	1875
deemed the person's residence for the purpose of registering to	1876
vote.	1877

Sec. 3503.05. The secretary of state shall establish, by	1878
rule, a uniform process for notifying individuals who have	1879
submitted an incomplete voter registration application of the	1880
incomplete status of that application. The process shall permit	1881
such an individual to provide any information required to complete	1882
the application.	1883

Sec. 3503.06. ~~(A)~~ No person shall be entitled to vote at any	1884
election, or to sign ~~or circulate~~ any declaration of candidacy or	1885
any ~~nominating, or recall~~election petition, unless the person is	1886
registered as an elector and will have resided in the county and	1887
precinct where the person is registered for at least thirty days	1888
at the time of the next election.	1889

~~(B)(1) No person shall be entitled to circulate any~~	1890
~~initiative or referendum petition unless the person is a resident~~	1891
~~of this state.~~	1892

~~(2) All election officials, in determining the residence of a~~	1893
~~person circulating a petition under division (B)(1) of this~~	1894
~~section, shall be governed by the following rules:~~	1895

~~(a) That place shall be considered the residence of a person~~	1896
~~in which the person's habitation is fixed and to which, whenever~~	1897
~~the person is absent, the person has the intention of returning.~~	1898

~~(b) A person shall not be considered to have lost the~~	1899
~~person's residence who leaves the person's home and goes into~~	1900
~~another state for temporary purposes only, with the intention of~~	1901
~~returning.~~	1902

~~(c) A person shall not be considered to have gained a~~	1903
~~residence in any county of this state into which the person comes~~	1904
~~for temporary purposes only, without the intention of making that~~	1905
~~county the permanent place of abode.~~	1906

~~(d) If a person removes to another state with the intention~~	1907
~~of making that state the person's residence, the person shall be~~	1908
~~considered to have lost the person's residence in this state.~~	1909

~~(e) Except as otherwise provided in division (B)(2)(f) of~~	1910
~~this section, if a person removes from this state and continuously~~	1911
~~resides outside this state for a period of four years or more, the~~	1912
~~person shall be considered to have lost the person's residence in~~	1913
~~this state, notwithstanding the fact that the person may entertain~~	1914
~~an intention to return at some future period.~~	1915

~~(f) If a person removes from this state to engage in the~~	1916
~~services of the United States government, the person shall not be~~	1917
~~considered to have lost the person's residence in this state~~	1918
~~during the period of that service, and likewise should the person~~	1919
~~enter the employment of the state, the place where that person~~	1920
~~resided at the time of the person's removal shall be considered to~~	1921
~~be the person's place of residence.~~	1922

~~(g) If a person goes into another state and, while there,~~	1923
~~exercises the right of a citizen by voting, the person shall be~~	1924
~~considered to have lost the person's residence in this state.~~	1925

~~(C) No person shall be entitled to sign any initiative or~~	1926
~~referendum petition unless the person is registered as an elector~~	1927
~~and will have resided in the county and precinct where the person~~	1928
~~is registered for at least thirty days at the time of the next~~	1929
~~election.~~	1930

Sec. 3503.10. (A) Each designated agency shall designate one	1931
person within that agency to serve as coordinator for the voter	1932
registration program within the agency and its departments,	1933
divisions, and programs. The designated person shall be trained	1934
under a program designed by the secretary of state and shall be	1935
responsible for administering all aspects of the voter	1936
registration program for that agency as prescribed by the	1937
secretary of state. The designated person shall receive no	1938
additional compensation for performing such duties.	1939

(B) Every designated agency, public high school and	1940
vocational school, public library, and office of a county	1941
treasurer shall provide in each of its offices or locations voter	1942
registration applications and assistance in the registration of	1943
persons qualified to register to vote, in accordance with this	1944
chapter.	1945

(C) Every designated agency shall distribute to its	1946
applicants, prior to or in conjunction with distributing a voter	1947
registration application, a form prescribed by the secretary of	1948
state that includes all of the following:	1949

(1) The question, "Do you want to register to vote or update	1950
your current voter registration?"--followed by boxes for the	1951
applicant to indicate whether the applicant would like to register	1952
or decline to register to vote, and the statement, highlighted in	1953
bold print, "If you do not check either box, you will be	1954
considered to have decided not to register to vote at this time.";	1955

(2) If the agency provides public assistance, the statement,	1956
"Applying to register or declining to register to vote will not	1957
affect the amount of assistance that you will be provided by this	1958
agency.";	1959

(3) The statement, "If you would like help in filling out the	1960
voter registration application form, we will help you. The	1961
decision whether to seek or accept help is yours. You may fill out	1962
the application form in private.";	1963

(4) The statement, "If you believe that someone has	1964
interfered with your right to register or to decline to register	1965
to vote, your right to privacy in deciding whether to register or	1966
in applying to register to vote, or your right to choose your own	1967
political party or other political preference, you may file a	1968
complaint with the prosecuting attorney of your county or with the	1969
secretary of state," with the address and telephone number for	1970
each such official's office.	1971

(D) Each designated agency shall distribute a voter	1972
registration form prescribed by the secretary of state to each	1973
applicant with each application for service or assistance, and	1974
with each written application or form for recertification,	1975
renewal, or change of address.	1976

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

1977

(1) Have employees trained to administer the voter	1978
registration program in order to provide to each applicant who	1979
wishes to register to vote and who accepts assistance, the same	1980
degree of assistance with regard to completion of the voter	1981
registration application as is provided by the agency with regard	1982
to the completion of its own form;	1983

(2) Accept completed voter registration applications, voter	1984
registration change of residence forms, and voter registration	1985
change of name forms, regardless of whether the application or	1986
form was distributed by the designated agency, for transmittal to	1987
the office of the board of elections in the county in which the	1988
agency is located. Each designated agency and the appropriate	1989
board of elections shall establish a method by which the voter	1990
registration applications and other voter registration forms are	1991
transmitted to that board of elections within five days after	1992
being accepted by the agency.	1993

(3) If the designated agency is one that is primarily engaged	1994
in providing services to persons with disabilities under a	1995
state-funded program, and that agency provides services to a	1996
person with disabilities at a person's home, provide the services	1997
described in divisions (E)(1) and (2) of this section at the	1998
person's home;	1999

(4) Keep as confidential, except as required by the secretary	2000
of state for record-keeping purposes, the identity of an agency	2001
through which a person registered to vote or updated the person's	2002
voter registration records, and information relating to a	2003
declination to register to vote made in connection with a voter	2004
registration application issued by a designated agency.	2005

(F) The secretary of state shall prepare and transmit written	2006
instructions on the implementation of the voter registration	2007
program within each designated agency, public high school and	2008
vocational school, public library, and office of a county	2009
treasurer. The instructions shall include directions as follows:	2010

(1) That each person designated to assist with voter	2011
registration maintain strict neutrality with respect to a person's	2012
political philosophies, a person's right to register or decline to	2013
register, and any other matter that may influence a person's	2014
decision to register or not register to vote;	2015

(2) That each person designated to assist with voter	2016
registration not seek to influence a person's decision to register	2017
or not register to vote, not display or demonstrate any political	2018
preference or party allegiance, and not make any statement to a	2019
person or take any action the purpose or effect of which is to	2020
lead a person to believe that a decision to register or not	2021
register has any bearing on the availability of services or	2022
benefits offered, on the grade in a particular class in school, or	2023
on credit for a particular class in school;	2024

(3) Regarding when and how to assist a person in completing	2025
the voter registration application, what to do with the completed	2026
voter registration application or voter registration update form,	2027
and when the application must be transmitted to the appropriate	2028
board of elections;	2029

(4) Regarding what records must be kept by the agency and	2030
where and when those records should be transmitted to satisfy	2031
reporting requirements imposed on the secretary of state under the	2032
National Voter Registration Act of 1993;	2033

(5) Regarding whom to contact to obtain answers to questions	2034
about voter registration forms and procedures.	2035

(G) If the voter registration activity is part of an in-class	2036
voter registration program in a public high school or vocational	2037
school, whether prescribed by the secretary of state or	2038
independent of the secretary of state, the board of education	2039
shall do all of the following:	2040

(1) Establish a schedule of school days and hours during	2041
these days when the person designated to assist with voter	2042
registration shall provide voter registration assistance;	2043

(2) Designate a person to assist with voter registration from	2044
the public high school's or vocational school's staff;	2045

(3) Make voter registration applications and materials	2046
available, as outlined in the voter registration program	2047
established by the secretary of state pursuant to section 3501.05	2048
of the Revised Code;	2049

(4) Distribute the statement, "applying to register or	2050
declining to register to vote will not affect or be a condition of	2051
your receiving a particular grade in or credit for a school course	2052
or class, participating in a curricular or extracurricular	2053
activity, receiving a benefit or privilege, or participating in a	2054
program or activity otherwise available to pupils enrolled in this	2055
school district's schools.";	2056

(5) Establish a method by which the voter registration	2057
application and other voter registration forms are transmitted to	2058
the board of elections within five days after being accepted by	2059
the public high school or vocational school.	2060

(H) Any person employed by the designated agency, public high	2061
school or vocational school, public library, or office of a county	2062
treasurer may be designated to assist with voter registration	2063
pursuant to this section. The designated agency, public high	2064
school or vocational school, public library, or office of a county	2065
treasurer shall provide the designated person, and make available	2066
such space as may be necessary, without charge to the county or	2067
state.	2068

(I) The secretary of state shall prepare and cause to be	2069
displayed in a prominent location in each designated agency a	2070
notice that identifies the person designated to assist with voter	2071
registration, the nature of that person's duties, and where and	2072
when that person is available for assisting in the registration of	2073
voters.	2074

A designated agency may furnish additional supplies and	2075
services to disseminate information to increase public awareness	2076
of the existence of a person designated to assist with voter	2077
registration in every designated agency.	2078

(J) This section does not limit any authority a board of	2079
education, superintendent, or principal has to allow, sponsor, or	2080
promote voluntary election registration programs within a high	2081
school or vocational school, including programs in which pupils	2082
serve as persons designated to assist with voter registration,	2083
provided that no pupil is required to participate.	2084

(K) Each public library and office of the county treasurer	2085
shall establish a method by which voter registration forms are	2086
transmitted to the board of elections within five days after being	2087
accepted by the public library or office of the county treasurer.	2088

(L) The department of job and family services and its	2089
departments, divisions, and programs shall limit administration of	2090
the aspects of the voter registration program for the department	2091
to the requirements prescribed by the secretary of state ~~and~~, the	2092
requirements of this section, and the requirements of the National	2093
Voter Registration Act of 1993.	2094

Sec. 3503.14. (A) The secretary of state shall prescribe the	2095
form and content of the registration, change of residence, and	2096
change of name forms used in this state. The forms shall meet the	2097
requirements of the National Voter Registration Act of 1993 and	2098
shall include spaces for all of the following:	2099

(1) The voter's name;

2100

(2) The voter's address;

2101

(3) The current date;

2102

(4) The voter's date of birth;

2103

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

2104

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

2105

(b) The ~~last four digits of the~~ voter's social security	2106
number, if any;	2107

(c) A copy of a current and valid photo identification, a	2108
copy of a military identification, a copy of a United States	2109
passport, or a copy of a current utility bill, bank statement,	2110
government check, paycheck, or other government document, other	2111
than ~~a notice of an election mailed by a board of elections under~~	2112
~~section 3501.19 of the Revised Code or~~ a notice of voter	2113
registration mailed by a board of elections under section 3503.19	2114
of the Revised Code, that shows the voter's name and address.	2115

(6) The voter's signature.

2116

The registration form shall include a space on which the	2117
person registering an applicant shall sign the person's name and	2118
provide the person's address and a space on which the person	2119
registering an applicant shall name the employer who is employing	2120
that person to register the applicant.	2121

Except for forms prescribed by the secretary of state under	2122
section 3503.11 of the Revised Code, the secretary of state shall	2123
permit boards of elections to produce forms that have subdivided	2124
spaces for each individual alphanumeric character of the	2125
information provided by the voter so as to accommodate the	2126
electronic reading and conversion of the voter's information to	2127
data and the subsequent electronic transfer of that data to the	2128
statewide voter registration database established under section	2129
3503.15 of the Revised Code.	2130

(B) None of the following persons who are registering an	2131
applicant in the course of that official's or employee's normal	2132
duties shall sign the person's name, provide the person's address,	2133
or name the employer who is employing the person to register an	2134
applicant on a form prepared under this section:	2135

(1) An election official;

2136

(2) A county treasurer;

2137

(3) A deputy registrar of motor vehicles;

2138

(4) An employee of a designated agency;

2139

(5) An employee of a public high school;

2140

(6) An employee of a public vocational school;

2141

(7) An employee of a public library;

2142

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

2143

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

2144

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

2145

(11) An employee of an election official.

2146

(C) Except as provided in section 3501.382 of the Revised	2147
Code, any applicant who is unable to sign the applicant's own name	2148
shall make an "X," if possible, which shall be certified by the	2149
signing of the name of the applicant by the person filling out the	2150
form, who shall add the person's own signature. If an applicant is	2151
unable to make an "X," the applicant shall indicate in some manner	2152
that the applicant desires to register to vote or to change the	2153
applicant's name or residence. The person registering the	2154
applicant shall sign the form and attest that the applicant	2155
indicated that the applicant desired to register to vote or to	2156
change the applicant's name or residence.	2157

(D) No registration, change of residence, or change of name	2158
form shall be rejected solely on the basis that a person	2159
registering an applicant failed to sign the person's name or	2160
failed to name the employer who is employing that person to	2161
register the applicant as required under division (A) of this	2162
section.	2163

(E) A voter registration application submitted online through	2164
the internet pursuant to section 3503.20 of the Revised Code is	2165
not required to contain a signature to be considered valid. The	2166
signature obtained under division (B) of that section shall be	2167
considered the applicant's signature for all election and	2168
signature-matching purposes.	2169

(F) As used in this section, "registering an applicant"	2170
includes any effort, for compensation, to provide voter	2171
registration forms or to assist persons in completing or returning	2172
those forms.	2173

Sec. 3503.15. (A)(1) The secretary of state shall establish	2174
and maintain a statewide voter registration database that shall be	2175
administered by the office of the secretary of state and made	2176
continuously available to each board of elections and to other	2177
agencies as authorized by law.	2178

(2)(a) State agencies, including, but not limited to, the	2179
department of health, bureau of motor vehicles, department of job	2180
and family services, and the department of rehabilitation and	2181
corrections, shall provide any information and data to the	2182
secretary of state that the secretary of state considers necessary	2183
in order to maintain the statewide voter registration database	2184
established pursuant to this section. The secretary of state shall	2185
ensure that any information or data provided to the secretary of	2186
state that is confidential in the possession of the entity	2187
providing the data remains confidential while in the possession of	2188
the secretary of state.	2189

(b) Information provided under this division for maintenance	2190
of the statewide voter registration database shall not be used to	2191
update the name or address of a registered elector. The name or	2192
address of a registered elector shall only be updated as a result	2193
of the elector's actions in filing a notice of change of name,	2194
change of address, or both.	2195

(c) A board of elections shall contact a registered elector	2196
by mail at the address on file with the board to verify the	2197
accuracy of the information in the statewide voter registration	2198
database regarding that elector if information provided under	2199
division (A)(2)(a) of this section identifies a discrepancy	2200
between the information regarding that elector that is maintained	2201
in the statewide voter registration database and maintained by a	2202
state agency.	2203

(3) The secretary of state may enter into agreements to share	2204
information or data with other states or groups of states, as the	2205
secretary of state considers necessary, in order to maintain the	2206
statewide voter registration database established pursuant to this	2207
section. Except as otherwise provided in this division, the	2208
secretary of state shall ensure that any information or data	2209
provided to the secretary of state that is confidential in the	2210
possession of the state providing the data remains confidential	2211
while in the possession of the secretary of state. The secretary	2212
of state may provide such otherwise confidential information or	2213
data to persons or organizations that are engaging in legitimate	2214
governmental purposes related to the maintenance of the statewide	2215
voter registration database.	2216

(B) The statewide voter registration database established	2217
under this section shall be the official list of registered voters	2218
for all elections conducted in this state.	2219

(C) The statewide voter registration database established	2220
under this section shall, at a minimum, include all of the	2221
following:	2222

(1) An electronic network that connects all board of	2223
elections offices with the office of the secretary of state and	2224
with the offices of all other boards of elections;	2225

(2) A computer program that harmonizes the records contained	2226
in the database with records maintained by each board of	2227
elections;	2228

(3) An interactive computer program that allows access to the	2229
records contained in the database by each board of elections and	2230
by any persons authorized by the secretary of state to add,	2231
delete, modify, or print database records, and to conduct updates	2232
of the database;	2233

(4) A search program capable of verifying registered voters	2234
and their registration information by name, driver's license	2235
number, birth date, social security number, or current address;	2236

(5) Safeguards and components to ensure that the integrity,	2237
security, and confidentiality of the voter registration	2238
information is maintained.	2239

(D) The secretary of state shall adopt rules pursuant to	2240
Chapter 119. of the Revised Code doing all of the following:	2241

(1) Specifying the manner in which existing voter	2242
registration records maintained by boards of elections shall be	2243
converted to electronic files for inclusion in the statewide voter	2244
registration database;	2245

(2) Establishing a uniform method for entering voter	2246
registration records into the statewide voter registration	2247
database on an expedited basis, but not less than once per day, if	2248
new registration information is received;	2249

(3) Establishing a uniform method for purging canceled voter	2250
registration records from the statewide voter registration	2251
database in accordance with section 3503.21 of the Revised Code;	2252

(4) Specifying the persons authorized to add, delete, modify,	2253
or print records contained in the statewide voter registration	2254
database and to make updates of that database;	2255

(5) Establishing a process for annually auditing the	2256
information contained in the statewide voter registration	2257
database;	2258

(6) Establishing a uniform method for addressing instances in	2259
which records contained in the statewide voter registration	2260
database do not conform with records maintained by the bureau of	2261
motor vehicles.	2262

(E) A ~~board of elections promptly shall purge a~~ voter's name	2263
and voter registration information shall be purged from the	2264
statewide voter registration database in accordance with the rules	2265
adopted by the secretary of state under division (D)(3) of this	2266
section after the cancellation of a voter's registration under	2267
section 3503.21 of the Revised Code.	2268

(F) The secretary of state shall provide training in the	2269
operation of the statewide voter registration database to each	2270
board of elections and to any persons authorized by the secretary	2271
of state to add, delete, modify, or print database records, and to	2272
conduct updates of the database.	2273

(G)(1) The statewide voter registration database established	2274
under this section shall be made available on a web site of the	2275
office of the secretary of state as follows:	2276

(a) Except as otherwise provided in division (G)(1)(b) of	2277
this section, ~~only~~ the following information from the statewide	2278
voter registration database regarding a registered voter shall be	2279
made available on the web site:	2280

(i) The voter's name;

2281

(ii) The voter's address;

2282

(iii) The voter's precinct number;

2283

(iv) The voter's voting history.

2284

(b) During the thirty days before the day of a primary or	2285
general election, the web site interface of the statewide voter	2286
registration database shall permit a voter to search for the	2287
polling location at which that voter may cast a ballot.	2288

(2) The secretary of state shall establish, by rule adopted	2289
under Chapter 119. of the Revised Code, a process for boards of	2290
elections to notify the secretary of state of changes in the	2291
locations of precinct polling places for the purpose of updating	2292
the information made available on the secretary of state's web	2293
site under division (G)(1)(b) of this section. Those rules shall	2294
require a board of elections, during the thirty days before the	2295
day of a primary or general election, to notify the secretary of	2296
state within one business day of any change to the location of a	2297
precinct polling place within the county.	2298

(3) During the thirty days before the day of a primary or	2299
general election, not later than one business day after receiving	2300
a notification from a county pursuant to division (G)(2) of this	2301
section that the location of a precinct polling place has changed,	2302
the secretary of state shall update that information on the	2303
secretary of state's web site for the purpose of division	2304
(G)(1)(b) of this section.	2305

Sec. 3503.16. (A) Whenever a registered elector changes the	2306
place of residence of that registered elector from one precinct to	2307
another within a county or from one county to another, or has a	2308
change of name, that registered elector shall report the change by	2309
delivering a change of residence or change of name form, whichever	2310
is appropriate, as prescribed by the secretary of state under	2311
section 3503.14 of the Revised Code to the state or local office	2312
of a designated agency, a public high school or vocational school,	2313
a public library, the office of the county treasurer, the office	2314
of the secretary of state, any office of the registrar or deputy	2315
registrar of motor vehicles, or any office of a board of elections	2316
in person or by a third person. Any voter registration, change of	2317
address, or change of name application, returned by mail, may be	2318
sent only to the secretary of state or the board of elections.	2319

A registered elector also may update the registration of that	2320
registered elector by filing a change of residence or change of	2321
name form on the day of a special, primary, or general election at	2322
the polling place in the precinct in which that registered elector	2323
resides or at the board of elections or at another site designated	2324
by the board.	2325

(B)(1)(a) Any registered elector who moves within a precinct	2326
on or prior to the day of a general, primary, or special election	2327
and has not filed a notice of change of residence with the board	2328
of elections may vote in that election by going to that registered	2329
elector's assigned polling place in the precinct in which the	2330
registered elector resides, completing and signing a notice of	2331
change of residence, showing identification in the form of a	2332
current and valid photo identification, a military identification,	2333
a United States passport, or a copy of a current utility bill,	2334
bank statement, government check, paycheck, or other government	2335
document, other than ~~a notice of an election mailed by a board of~~	2336
~~elections under section 3501.19 of the Revised Code or~~ a notice of	2337
voter registration mailed by a board of elections under section	2338
3503.19 of the Revised Code, that shows the name and current	2339
address of the elector, and casting a ballot. ~~If the elector~~	2340
~~provides either a driver's license or a state identification card~~	2341
~~issued under section 4507.50 of the Revised Code that does not~~	2342
~~contain the elector's current residence address, the elector shall~~	2343
~~provide the last four digits of the elector's driver's license~~	2344
~~number or state identification card number, and the precinct~~	2345
~~election official shall mark the poll list or signature pollbook~~	2346
~~to indicate that the elector has provided a driver's license or~~	2347
~~state identification card number with a former address and record~~	2348
~~the last four digits of the elector's driver's license number or~~	2349
~~state identification card number.~~	2350

(b) Any registered elector who changes the name of that	2351
registered elector and remains within a precinct on or prior to	2352
the day of a general, primary, or special election and has not	2353
filed a notice of change of name with the board of elections may	2354
vote in that election by going to that registered elector's	2355
assigned polling place, completing and signing a notice of a	2356
change of name, showing the identification required by division	2357
(B)(1)(a) of this section, and casting a ~~provisional~~ ballot ~~under~~	2358
~~section 3505.181 of the Revised Code~~.	2359

(2) Any registered elector who moves from one precinct to	2360
another within a county or moves from one precinct to another and	2361
changes the name of that registered elector on or prior to the day	2362
of a general, primary, or special election and has not filed a	2363
notice of change of residence or change of name, whichever is	2364
appropriate, with the board of elections may vote in that election	2365
if that registered elector complies with division (G) of this	2366
section or does all of the following:	2367

(a) Appears at anytime during ~~regular business~~the hours for	2368
casting an absent voter's ballot in person under section 3509.01	2369
of the Revised Code on or after the ~~twenty-eighth~~sixteenth day	2370
prior to the election in which that registered elector wishes to	2371
vote ~~or, if the election is held on the day of a presidential~~	2372
~~primary election, the twenty-fifth day prior to the election,~~	2373
through ~~noon~~six p.m. of the ~~Saturday~~Friday prior to the election	2374
at the office of the board of elections~~, appears at any time~~	2375
~~during regular business hours on the Monday prior to the election~~	2376
~~at the office of the board of elections,~~or at another location	2377
designated under division (C) of section 3501.10 of the Revised	2378
Code or appears on the day of the election at either of the	2379
following locations:	2380

(i) The polling place in the precinct in which that	2381
registered elector resides;	2382

(ii) The office of the board of elections or, if pursuant to	2383
division (C) of section 3501.10 of the Revised Code the board has	2384
designated another location in the county at which registered	2385
electors may vote, at that other location instead of the office of	2386
the board of elections.	2387

(b) Completes and signs, under penalty of election	2388
falsification, the written affirmation on the provisional ballot	2389
envelope, which shall serve as a notice of change of residence or	2390
change of name, whichever is appropriate~~, and files it with~~	2391
~~election officials at the polling place, at the office of the~~	2392
~~board of elections, or, if pursuant to division (C) of section~~	2393
~~3501.10 of the Revised Code the board has designated another~~	2394
~~location in the county at which registered electors may vote, at~~	2395
~~that other location instead of the office of the board of~~	2396
~~elections, whichever is appropriate~~;	2397

(c) Votes a provisional ballot under section 3505.181 of the	2398
Revised Code at the polling place in the precinct in which the	2399
registered elector resides, at the office of the board of	2400
elections, or, if pursuant to division (C) of section 3501.10 of	2401
the Revised Code the board has designated another location in the	2402
county at which registered electors may vote, at that other	2403
location instead of the office of the board of elections,	2404
whichever is appropriate, using the address to which that	2405
registered elector has moved or the name of that registered	2406
elector as changed, whichever is appropriate;	2407

(d) Completes and signs, under penalty of election	2408
falsification, a statement attesting that that registered elector	2409
moved or had a change of name, whichever is appropriate, on or	2410
prior to the day of the election, has voted a provisional ballot	2411
at the polling place in the precinct in which that registered	2412
elector resides, at the office of the board of elections, or, if	2413
pursuant to division (C) of section 3501.10 of the Revised Code	2414
the board has designated another location in the county at which	2415
registered electors may vote, at that other location instead of	2416
the office of the board of elections, whichever is appropriate,	2417
and will not vote or attempt to vote at any other location for	2418
that particular election. ~~The statement required under division~~	2419
~~(B)(2)(d) of this section shall be included on the notice of~~	2420
~~change of residence or change of name, whichever is appropriate,~~	2421
~~required under division (B)(2)(b) of this section.~~	2422

(C) Any registered elector who moves from one county to	2423
another county within the state or moves from one county to	2424
another and changes the name of that registered elector on or	2425
prior to the day of a general, primary, or special election and	2426
has not registered to vote in the county to which that registered	2427
elector moved may vote in that election if that registered elector	2428
complies with division (G) of this section or does all of the	2429
following:	2430

(1) Appears at any time during ~~regular business~~the hours for	2431
casting an absent voter's ballot in person under section 3509.01	2432
of the Revised Code on or after the ~~twenty-eighth~~sixteenth day	2433
prior to the election in which that registered elector wishes to	2434
vote ~~or, if the election is held on the day of a presidential~~	2435
~~primary election, the twenty-fifth day prior to the election,~~	2436
through ~~noon~~six p.m. of the ~~Saturday~~Friday prior to the election	2437
at the office of the board of elections or~~, if pursuant to~~at	2438
another location designated under division (C) of section 3501.10	2439
of the Revised Code ~~the board has designated another location in~~	2440
~~the county at which registered electors may vote, at that other~~	2441
~~location instead of the office of the board of elections, appears~~	2442
~~during regular business hours on the Monday prior to the election~~	2443
~~at the office of the board of elections or, if pursuant to~~	2444
~~division (C) of section 3501.10 of the Revised Code the board has~~	2445
~~designated another location in the county at which registered~~	2446
~~electors may vote, at that other location instead of the office of~~	2447
~~the board of elections,~~ or appears on the day of the election at	2448
~~the~~either of the following locations:	2449

(a) The polling place in the precinct in which that elector	2450
resides;	2451

(b) The office of the board of elections or, if pursuant to	2452
division (C) of section 3501.10 of the Revised Code the board has	2453
designated another location in the county at which registered	2454
electors may vote, at that other location instead of the office of	2455
the board of elections;	2456

(2) Completes and signs, under penalty of election	2457
falsification, the written affirmation on the provisional ballot	2458
envelope, which shall serve as a notice of change of residence ~~and~~	2459
~~files it with election officials at the board of elections or, if~~	2460
~~pursuant to division (C) of section 3501.10 of the Revised Code~~	2461
~~the board has designated another location in the county at which~~	2462
~~registered electors may vote, at that other location instead of~~	2463
~~the office of the board of elections~~or change of name, whichever	2464
is appropriate;	2465

(3) Votes a provisional ballot under section 3505.181 of the	2466
Revised Code at the polling place in the precinct in which the	2467
registered elector resides, at the office of the board of	2468
elections, or, if pursuant to division (C) of section 3501.10 of	2469
the Revised Code the board has designated another location in the	2470
county at which registered electors may vote, at that other	2471
location instead of the office of the board of elections, using	2472
the address to which that registered elector has moved or the name	2473
of that registered elector as changed, whichever is appropriate;	2474

(4) Completes and signs, under penalty of election	2475
falsification, a statement attesting that that registered elector	2476
has moved from one county to another county within the state or	2477
moved from one county to another and changed the elector's name,	2478
whichever is appropriate, on or prior to the day of the election,	2479
has voted at the office of the board of elections or, if pursuant	2480
to division (C) of section 3501.10 of the Revised Code the board	2481
has designated another location in the county at which registered	2482
electors may vote, at that other location instead of the office of	2483
the board of elections, and will not vote or attempt to vote at	2484
any other location for that particular election. ~~The statement~~	2485
~~required under division (C)(4) of this section shall be included~~	2486
~~on the notice of change of residence required under division~~	2487
~~(C)(2) of this section.~~	2488

(D) A person who votes by absent voter's ballots pursuant to	2489
division (G) of this section shall not make written application	2490
for the ballots pursuant to Chapter 3509. of the Revised Code.	2491
Ballots cast pursuant to division (G) of this section shall be set	2492
aside in a special envelope and counted during the official	2493
canvass of votes in the manner provided for in sections 3505.32	2494
and 3509.06 of the Revised Code insofar as that manner is	2495
applicable. The board shall examine the pollbooks to verify that	2496
no ballot was cast at the polls or by absent voter's ballots under	2497
Chapter 3509. or 3511. of the Revised Code by an elector who has	2498
voted by absent voter's ballots pursuant to division (G) of this	2499
section. Any ballot determined to be insufficient for any of the	2500
reasons stated above or stated in section 3509.07 of the Revised	2501
Code shall not be counted.	2502

Subject to division (C) of section 3501.10 of the Revised	2503
Code, a board of elections may lease or otherwise acquire a site	2504
different from the office of the board at which registered	2505
electors may vote pursuant to division (B) or (C) of this section.	2506

(E) Upon receiving a change of residence or change of name	2507
form, the board of elections shall immediately send the registrant	2508
an acknowledgment notice. If the change of residence or change of	2509
name form is valid, the board shall update the voter's	2510
registration as appropriate. If that form is incomplete, the board	2511
shall inform the registrant in the acknowledgment notice specified	2512
in this division of the information necessary to complete or	2513
update that registrant's registration.	2514

(F) Change of residence and change of name forms shall be	2515
available at each polling place, and when these forms are	2516
completed, noting changes of residence or name, as appropriate,	2517
they shall be filed with election officials at the polling place.	2518
Election officials shall return completed forms, together with the	2519
pollbooks and tally sheets, to the board of elections.	2520

The board of elections shall provide change of residence and	2521
change of name forms to the probate court and court of common	2522
pleas. The court shall provide the forms to any person eighteen	2523
years of age or older who has a change of name by order of the	2524
court or who applies for a marriage license. The court shall	2525
forward all completed forms to the board of elections within five	2526
days after receiving them.	2527

(G) A registered elector who otherwise would qualify to vote	2528
under division (B) or (C) of this section but is unable to appear	2529
at the office of the board of elections or, if pursuant to	2530
division (C) of section 3501.10 of the Revised Code the board has	2531
designated another location in the county at which registered	2532
electors may vote, at that other location, on account of personal	2533
illness, physical disability, or infirmity, may vote on the day of	2534
the election if that registered elector does all of the following:	2535

(1) Makes a written application that includes all of the	2536
information required under section 3509.03 of the Revised Code to	2537
the appropriate board for an absent voter's ballot on or after the	2538
~~twenty-seventh~~twenty-first day prior to the election in which the	2539
registered elector wishes to vote through ~~noon~~six p.m. of the	2540
~~Saturday~~Friday prior to that election and requests that the	2541
absent voter's ballot be sent to the address to which the	2542
registered elector has moved if the registered elector has moved,	2543
or to the address of that registered elector who has not moved but	2544
has had a change of name;	2545

(2) Declares that the registered elector has moved or had a	2546
change of name, whichever is appropriate, and otherwise is	2547
qualified to vote under the circumstances described in division	2548
(B) or (C) of this section, whichever is appropriate, but that the	2549
registered elector is unable to appear at the board of elections	2550
because of personal illness, physical disability, or infirmity;	2551

(3) Completes and returns along with the completed absent	2552
voter's ballot a notice of change of residence indicating the	2553
address to which the registered elector has moved, or a notice of	2554
change of name, whichever is appropriate;	2555

(4) Completes and signs, under penalty of election	2556
falsification, a statement attesting that the registered elector	2557
has moved or had a change of name on or prior to the day before	2558
the election, has voted by absent voter's ballot because of	2559
personal illness, physical disability, or infirmity that prevented	2560
the registered elector from appearing at the board of elections,	2561
and will not vote or attempt to vote at any other location or by	2562
absent voter's ballot mailed to any other location or address for	2563
that particular election.	2564

Sec. 3503.18. (A)(1) The chief health officer of each	2565
political subdivision and the director of health shall file with	2566
the secretary of state and each board of elections, at least once	2567
each month, the names, social security numbers, dates of birth,	2568
dates of death, and residences of all persons, over eighteen years	2569
of age, who have died within such subdivision or within this state	2570
or another state, respectively, within such month.	2571

(2) The secretary of state and the director of health shall	2572
jointly establish a secure electronic system through which they	2573
shall exchange the information described in division (A)(1) of	2574
this section regarding the death of a registered elector.	2575

(B) At least once each month, each probate judge in this	2576
state shall file with the board of elections the names and	2577
residence addresses of all persons over eighteen years of age who	2578
have been adjudicated incompetent for the purpose of voting, as	2579
provided in section 5122.301 of the Revised Code. At	2580

(C) At least once each month the clerk of the court of common	2581
pleas shall file with the board the names and residence addresses	2582
of all persons who have been convicted during the previous month	2583
of crimes that would disfranchise such persons under existing laws	2584
of the state. Reports of conviction of crimes under the laws of	2585
the United States that would disfranchise an elector and that are	2586
provided to the secretary of state by any United States attorney	2587
shall be forwarded by the secretary of state to the appropriate	2588
board of elections.	2589

(D) Upon receiving a report required by this section, the	2590
~~board of elections shall promptly cancel the~~ registration of each	2591
elector named in the report shall be promptly canceled by the	2592
secretary of state or the board of elections, as applicable. If a	2593
board of elections receives the report, and the report contains a	2594
residence address of an elector in a county other than the county	2595
in which the board of elections is located, the director shall	2596
promptly send a copy of the report to the appropriate board of	2597
elections, which shall cancel the registration.	2598

Sec. 3503.19. (A) Persons qualified to register or to change	2599
their registration because of a change of address or change of	2600
name may register or change their registration in person or	2601
through another person at any state or local office of a	2602
designated agency, at the office of the registrar or any deputy	2603
registrar of motor vehicles, at a public high school or vocational	2604
school, at a public library, at the office of a county treasurer,	2605
or at a branch office established by the board of elections, or in	2606
person, through another person, or by mail at the office of the	2607
secretary of state or at the office of a board of elections. A	2608
registered elector may also change the elector's registration on	2609
election day at any polling place where the elector is eligible to	2610
vote, in the manner provided under section 3503.16 of the Revised	2611
Code.	2612

Any state or local office of a designated agency, the office	2613
of the registrar or any deputy registrar of motor vehicles, a	2614
public high school or vocational school, a public library, or the	2615
office of a county treasurer shall transmit any voter registration	2616
application or change of registration form that it receives to the	2617
board of elections of the county in which the state or local	2618
office is located, within five business days after receiving the	2619
voter registration application or change of registration form.	2620

An otherwise valid voter registration application that is	2621
returned to the appropriate office other than by mail must be	2622
received by a state or local office of a designated agency, the	2623
office of the registrar or any deputy registrar of motor vehicles,	2624
a public high school or vocational school, a public library, the	2625
office of a county treasurer, the office of the secretary of	2626
state, or the office of a board of elections no later than the	2627
thirtieth day preceding a primary, special, or general election	2628
for the person to qualify as an elector eligible to vote at that	2629
election. An otherwise valid registration application received	2630
after that day entitles the elector to vote at all subsequent	2631
elections.	2632

Any state or local office of a designated agency, the office	2633
of the registrar or any deputy registrar of motor vehicles, a	2634
public high school or vocational school, a public library, or the	2635
office of a county treasurer shall date stamp a registration	2636
application or change of name or change of address form it	2637
receives using a date stamp that does not disclose the identity of	2638
the state or local office that receives the registration.	2639

Voter registration applications, if otherwise valid, that are	2640
returned by mail to the office of the secretary of state or to the	2641
office of a board of elections must be postmarked no later than	2642
the thirtieth day preceding a primary, special, or general	2643
election in order for the person to qualify as an elector eligible	2644
to vote at that election. If an otherwise valid voter registration	2645
application that is returned by mail does not bear a postmark or a	2646
legible postmark, the registration shall be valid for that	2647
election if received by the office of the secretary of state or	2648
the office of a board of elections no later than twenty-five days	2649
preceding any special, primary, or general election.	2650

(B)(1) Any person may apply in person, by telephone, by mail,	2651
or through another person for voter registration forms to the	2652
office of the secretary of state or the office of a board of	2653
elections. An individual who is eligible to vote as a uniformed	2654
services voter or an overseas voter in accordance with 42 U.S.C.	2655
1973ff-6 also may apply for voter registration forms by electronic	2656
means to the office of the secretary of state or to the board of	2657
elections of the county in which the person's voting residence is	2658
located pursuant to section 3503.191 of the Revised Code.	2659

(2)(a) An applicant may return the applicant's completed	2660
registration form in person or ~~by mail~~through another person to	2661
any state or local office of a designated agency, to a public high	2662
school or vocational school, to a public library, to the office of	2663
a county treasurer, to the office of the secretary of state, or to	2664
the office of a board of elections. An applicant who is eligible	2665
to vote as a uniformed services voter or an overseas voter in	2666
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's	2667
completed voter registration form electronically to the office of	2668
the secretary of state or to the board of elections of the county	2669
in which the person's voting residence is located pursuant to	2670
section 3503.191 of the Revised Code.	2671

(b) Subject to division (B)(2)(c) of this section, an	2672
applicant may return the applicant's completed registration form	2673
by mail or through another person to any board of elections or the	2674
office of the secretary of state.	2675

(c) A person who receives compensation for registering a	2676
voter shall return any registration form entrusted to that person	2677
by an applicant to any board of elections or to the office of the	2678
secretary of state.	2679

(d) If a board of elections or the office of the secretary of	2680
state receives a registration form under division (B)(2)(b) or (c)	2681
of this section before the thirtieth day before an election, the	2682
board or the office of the secretary of state, as applicable,	2683
shall forward the registration to the board of elections of the	2684
county in which the applicant is seeking to register to vote	2685
within ten days after receiving the application. If a board of	2686
elections or the office of the secretary of state receives a	2687
registration form under division (B)(2)(b) or (c) of this section	2688
on or after the thirtieth day before an election, the board or the	2689
office of the secretary of state, as applicable, shall forward the	2690
registration to the board of elections of the county in which the	2691
applicant is seeking to register to vote within thirty days after	2692
that election.	2693

(C)(1) A board of elections that receives a voter	2694
registration application and is satisfied as to the truth of the	2695
statements made in the registration form shall register the	2696
applicant not later than twenty business days after receiving the	2697
application, unless that application is received during the thirty	2698
days immediately preceding the day of an election. The board shall	2699
promptly notify the applicant in writing of each of the following:	2700

(a) The applicant's registration;

2701

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

2702

2703

"Voters must bring identification to the polls in order to	2704
verify identity. Identification may include a current and valid	2705
photo identification, a military identification, a United States	2706
passport, or a copy of a current utility bill, bank statement,	2707
government check, paycheck, or other government document, other	2708
than this notification ~~or a notification of an election mailed by~~	2709
~~a board of elections~~, that shows the voter's name and current	2710
address. Voters who do not provide one of these documents will	2711
still be able to vote by providing ~~the last four digits of~~ the	2712
voter's social security number and by casting a provisional	2713
ballot. Voters who do not have any of the above forms of	2714
identification, including a social security number, will still be	2715
able to vote by signing an affirmation swearing to the voter's	2716
identity under penalty of election falsification and by casting a	2717
provisional ballot."	2718

The notification shall be by nonforwardable mail. If the mail	2719
is returned to the board, it shall investigate and cause the	2720
notification to be delivered to the correct address.	2721

(2) If, after investigating as required under division (C)(1)	2722
of this section, the board is unable to verify the voter's correct	2723
address, it shall cause the voter's name in the official	2724
registration list and in the poll list or signature pollbook to be	2725
marked to indicate that the voter's notification was returned to	2726
the board.	2727

At the first election at which a voter whose name has been so	2728
marked appears to vote, the voter shall be required to provide	2729
identification to the election officials and to vote by	2730
provisional ballot under section 3505.181 of the Revised Code. If	2731
the provisional ballot is counted pursuant to division (B)(3) of	2732
section 3505.183 of the Revised Code, the board shall correct that	2733
voter's registration, if needed, and shall remove the indication	2734
that the voter's notification was returned from that voter's name	2735
on the official registration list and on the poll list or	2736
signature pollbook. If the provisional ballot is not counted	2737
pursuant to division (B)(4)(a)(i),or (v)~~, or (vi)~~ of section	2738
3505.183 of the Revised Code, the voter's registration shall be	2739
canceled. The board shall notify the voter by United States mail	2740
of the cancellation.	2741

(3) If a notice of the disposition of an otherwise valid	2742
registration application is sent by nonforwardable mail and is	2743
returned undelivered, the person shall be registered as provided	2744
in division (C)(2) of this section and sent a confirmation notice	2745
by forwardable mail. If the person fails to respond to the	2746
confirmation notice, update the person's registration, or vote by	2747
provisional ballot as provided in division (C)(2) of this section	2748
in any election during the period of two federal elections	2749
subsequent to the mailing of the confirmation notice, the person's	2750
registration shall be canceled.	2751

Sec. 3503.20. (A) The secretary of state, by rule, shall	2752
establish a secure online process for voter registration. The	2753
rules shall provide for all of the following:	2754

(1) An applicant to submit a voter registration application	2755
to the secretary of state online through the internet;	2756

(2) The online applicant to be registered to vote, if all of	2757
the following apply:	2758

(a) The application contains all of the required information,	2759
including the applicant's social security number;	2760

(b) The applicant is qualified to register to vote; and

2761

(c) The applicant attests to the truth and accuracy of the	2762
information submitted in the online application under penalty of	2763
election falsification using the applicant's Ohio driver's license	2764
number or the number of the applicant's Ohio identification card	2765
as proof of the applicant's identity.	2766

(B) If an individual registers to vote or a registered	2767
elector updates the elector's name, address, or both under this	2768
section, the secretary of state shall obtain an electronic copy of	2769
the applicant's or elector's signature that is on file with the	2770
bureau of motor vehicles. That electronic signature shall be used	2771
as the applicant's or elector's signature on voter registration	2772
records, for all election and signature-matching purposes.	2773

(C) The secretary of state shall employ whatever security	2774
measures the secretary considers necessary to ensure the integrity	2775
and accuracy of voter registration information submitted	2776
electronically pursuant to this section.	2777

Sec. 3503.21. (A) The registration of a registered elector	2778
shall be canceled upon the occurrence of any of the following:	2779

(1) The filing by a registered elector of a written request	2780
with a board of elections, on a form prescribed by the secretary	2781
of state and signed by the elector, that the registration be	2782
canceled. The filing of such a request does not prohibit an	2783
otherwise qualified elector from reregistering to vote at any	2784
time.	2785

(2) The filing of a notice of the death of a registered	2786
elector as provided in section 3503.18 of the Revised Code;	2787

(3) The filing with the board of elections of a certified	2788
copy of the death certificate of a registered elector by the	2789
deceased elector's spouse, parent, or child, by the administrator	2790
of the deceased elector's estate, or by the executor of the	2791
deceased elector's will;	2792

(4) The conviction of the registered elector of a felony	2793
under the laws of this state, any other state, or the United	2794
States as provided in section 2961.01 of the Revised Code;	2795

~~(3)~~(5) The adjudication of incompetency of the registered	2796
elector for the purpose of voting as provided in section 5122.301	2797
of the Revised Code;	2798

~~(5)~~(6) The change of residence of the registered elector to a	2799
location outside the county of registration in accordance with	2800
division (B) of this section;	2801

~~(6)~~(7) The failure of the registered elector, after having	2802
been mailed a confirmation notice, to do either of the following:	2803

(a) Respond to such a notice and vote at least once during a	2804
period of four consecutive years, which period shall include two	2805
general federal elections;	2806

(b) Update the elector's registration and vote at least once	2807
during a period of four consecutive years, which period shall	2808
include two general federal elections.	2809

(B)(1) The secretary of state shall prescribe procedures to	2810
identify and cancel the registration in a prior county of	2811
residence of any registrant who changes the registrant's voting	2812
residence to a location outside the registrant's current county of	2813
registration. Any procedures prescribed in this division shall be	2814
uniform and nondiscriminatory, and shall comply with the Voting	2815
Rights Act of 1965. The secretary of state may prescribe	2816
procedures under this division that include the use of the	2817
national change of address service provided by the United States	2818
postal system through its licensees. Any program so prescribed	2819
shall be completed not later than ninety days prior to the date of	2820
any primary or general election for federal office.	2821

(2) The registration of any elector identified as having	2822
changed the elector's voting residence to a location outside the	2823
elector's current county of registration shall not be canceled	2824
unless the registrant is sent a confirmation notice on a form	2825
prescribed by the secretary of state and the registrant fails to	2826
respond to the confirmation notice or otherwise update the	2827
registration and fails to vote in any election during the period	2828
of two federal elections subsequent to the mailing of the	2829
confirmation notice.	2830

(C) The registration of a registered elector shall not be	2831
canceled except as provided in this section, division ~~(Q)~~(A)(17)	2832
of section 3501.05 of the Revised Code, division (C)(2) of section	2833
3503.19 of the Revised Code, or division (C) of section 3503.24 of	2834
the Revised Code.	2835

(D) ~~Boards of elections shall send their voter registration~~	2836
~~information to the secretary of state as required under section~~	2837
~~3503.15 of the Revised Code.~~ In the first quarter of each	2838
~~odd-numbered~~ year, and more frequently as the board of elections	2839
considers necessary, ~~the secretary of state~~each board of	2840
elections shall send the voter-registration information of each	2841
person registered to vote in the applicable county to the national	2842
change of address service described in division (B) of this	2843
section and request that service to provide the ~~secretary of state~~	2844
board of elections with a list of any voters sent by the	2845
~~secretary of state~~board of elections who have moved within the	2846
last ~~thirty-six~~twelve months. ~~The secretary of state shall~~	2847
~~transmit to each appropriate board of elections whatever lists the~~	2848
~~secretary of state receives~~Upon receipt of a response from that	2849
service~~. The~~, the board shall send a notice to each person on the	2850
list transmitted by ~~the secretary of state~~that service requesting	2851
confirmation of the person's change of address, together with a	2852
postage prepaid, preaddressed return envelope containing a form on	2853
which the voter may verify or correct the change of address	2854
information.	2855

(E) The registration of a registered elector described in	2856
division (A)~~(6)~~(7) or (B)(2) of this section shall be canceled not	2857
later than one hundred twenty days after the date of the second	2858
general federal election in which the elector fails to vote or not	2859
later than one hundred twenty days after the expiration of the	2860
four-year period in which the elector fails to vote or respond to	2861
a confirmation notice, whichever is later.	2862

Sec. 3503.22. A board of elections may send an acknowledgment	2863
notice as prescribed by the secretary of state to any registered	2864
elector at any time to facilitate the maintenance and accuracy of	2865
the statewide voter registration database.	2866

Sec. 3503.24. (A) Application for the correction of any	2867
precinct registration list or a challenge of the right to vote of	2868
any registered elector may be made by any qualified elector of the	2869
county at the office of the board of elections not later than	2870
twenty days prior to the election. The applications or challenges,	2871
with the reasons for the application or challenge, shall be filed	2872
with the board on a form prescribed by the secretary of state and	2873
shall be signed under penalty of election falsification.	2874

(B) On receiving an application or challenge filed under this	2875
section, the board of elections promptly shall review the board's	2876
records. If the board is able to determine that an application or	2877
challenge should be granted or denied solely on the basis of the	2878
records maintained by the board, the board immediately shall vote	2879
to grant or deny that application or challenge.	2880

If the board is not able to determine whether an application	2881
or challenge should be granted or denied solely on the basis of	2882
the records maintained by the board, the director shall promptly	2883
set a time and date for a hearing before the board. ~~Except as~~	2884
~~otherwise provided in division (D) of this section, the~~The	2885
hearing shall be held, and the application or challenge shall be	2886
decided, no later than ten days after the board receives the	2887
application or challenge. The director shall send written notice	2888
to any elector whose right to vote is challenged and to any person	2889
whose name is alleged to have been omitted from a registration	2890
list. The notice shall inform the person of the time and date of	2891
the hearing, and of the person's right to appear and testify, call	2892
witnesses, and be represented by counsel. The notice shall be sent	2893
by first class mail no later than three days before the day of any	2894
scheduled hearing. The director shall also provide the person who	2895
filed the application or challenge with such written notice of the	2896
date and time of the hearing.	2897

At the request of either party or any member of the board,	2898
the board shall issue subpoenas to witnesses to appear and testify	2899
before the board at a hearing held under this section. All	2900
witnesses shall testify under oath. The board shall reach a	2901
decision on all applications and challenges immediately after	2902
hearing.	2903

(C) If the board decides that any such person is not entitled	2904
to have the person's name on the registration list, the person's	2905
name shall be removed from the list and the person's registration	2906
forms canceled. If the board decides that the name of any such	2907
person should appear on the registration list, it shall be added	2908
to the list, and the person's registration forms placed in the	2909
proper registration files. All such corrections and additions	2910
shall be made on a copy of the precinct lists, which shall	2911
constitute the poll lists, to be furnished to the respective	2912
precincts with other election supplies on the day preceding the	2913
election, to be used by the election officials in receiving the	2914
signatures of voters and in checking against the registration	2915
forms.	2916

~~(D)(1) If an application or challenge for which a hearing is~~	2917
~~required to be conducted under division (B) of this section is~~	2918
~~filed after the thirtieth day before the day of an election, the~~	2919
~~board of elections, in its discretion, may postpone that hearing~~	2920
~~and any notifications of that hearing until after the day of the~~	2921
~~election. Any hearing postponed under this division shall be~~	2922
~~conducted not later than ten days after the day of the election.~~	2923

~~(2) The board of elections shall cause the name of any~~	2924
~~registered elector whose registration is challenged and whose~~	2925
~~challenge hearing is postponed under division (D)(1) of this~~	2926
~~section to be marked in the official registration list and in the~~	2927
~~poll list or signature pollbook for that elector's precinct to~~	2928
~~indicate that the elector's registration is subject to challenge.~~	2929

~~(3) Any elector who is the subject of an application or~~	2930
~~challenge hearing that is postponed under division (D)(1) of this~~	2931
~~section shall be permitted to vote a provisional ballot under~~	2932
~~section 3505.181 of the Revised Code. The validity of a~~	2933
~~provisional ballot cast pursuant to this section shall be~~	2934
~~determined in accordance with section 3505.183 of the Revised~~	2935
~~Code, except that no such provisional ballot shall be counted~~	2936
~~unless the hearing conducted under division (B) of this section~~	2937
~~after the day of the election results in the elector's inclusion~~	2938
~~in the official registration list.~~	2939

Sec. 3503.26. (A) All registration forms and lists, when not	2940
in official use by the registrars or ~~judges of elections~~precinct	2941
election officials, shall be in the possession of the board of	2942
elections. Names and addresses of electors may be copied from the	2943
registration lists only in the office of the board when it is open	2944
for business; but no such copying shall be permitted during the	2945
period of time commencing twenty-one days before an election and	2946
ending on the eleventh day after an election if such copying will,	2947
in the opinion of the board, interfere with the necessary work of	2948
the board. The board shall keep in convenient form and available	2949
for public inspection a correct set of the registration lists of	2950
all precincts in the county.	2951

(B) Notwithstanding division (A) of this section, the board	2952
of elections shall maintain and make available for public	2953
inspection and copying at a reasonable cost all records concerning	2954
the implementation of programs and activities conducted for the	2955
purpose of ensuring the accuracy and currency of voter	2956
registration lists, including the names and addresses of all	2957
registered electors sent confirmation notices and whether or not	2958
the elector responded to the confirmation notice. The board shall	2959
maintain all records described in this division for a period of	2960
two years.	2961

Sec. 3503.28. (A) The secretary of state shall develop an	2962
information brochure regarding voter registration. The brochure	2963
shall include, but is not limited to, all of the following	2964
information:	2965

(1) The applicable deadlines for registering to vote or for	2966
returning an applicant's completed registration form;	2967

(2) The applicable deadline for returning an applicant's	2968
completed registration form if the person returning the form is	2969
being compensated for registering voters;	2970

(3) The locations to which a person may return an applicant's	2971
completed registration form;	2972

(4) The location to which a person who is compensated for	2973
registering voters may return an applicant's completed	2974
registration form;	2975

(5) ~~The registration and affirmation requirements applicable~~	2976
~~to persons who are compensated for registering voters under~~	2977
~~section 3503.29 of the Revised Code;~~	2978

~~(6)~~ A notice, which shall be written in bold type, stating as	2979
follows:	2980

"Voters must bring identification to the polls in order to	2981
verify identity. Identification may include a current and valid	2982
photo identification, a military identification, a United States	2983
passport, or a copy of a current utility bill, bank statement,	2984
government check, paycheck, or other government document, other	2985
than ~~a notice of an election or~~ a voter registration notification	2986
sent by a board of elections, that shows the voter's name and	2987
current address. Voters who do not provide one of these documents	2988
will still be able to vote by providing ~~the last four digits of~~	2989
the voter's social security number and by casting a provisional	2990
ballot. Voters who do not have any of the above forms of	2991
identification, including a social security number, will still be	2992
able to vote by signing an affirmation swearing to the voter's	2993
identity under penalty of election falsification and by casting a	2994
provisional ballot."	2995

(B) ~~Except as otherwise provided in division (D) of this~~	2996
~~section, a board of elections, designated agency, public high~~	2997
~~school, public vocational school, public library, office of a~~	2998
~~county treasurer, or deputy registrar of motor vehicles shall~~	2999
~~distribute a copy of the brochure developed under division (A) of~~	3000
~~this section to any person who requests more than two voter~~	3001
~~registration forms at one time.~~	3002

~~(C)~~(1) The secretary of state shall provide the information	3003
required to be included in the brochure developed under division	3004
(A) of this section to any person who prints a voter registration	3005
form that is made available on a web site of the office of the	3006
secretary of state.	3007

(2) If a board of elections operates and maintains a web	3008
site, the board shall provide the information required to be	3009
included in the brochure developed under division (A) of this	3010
section to any person who prints a voter registration form that is	3011
made available on that web site.	3012

~~(D) A board of elections shall not be required to distribute~~	3013
~~a copy of a brochure under division (B) of this section to any of~~	3014
~~the following officials or employees who are requesting more than~~	3015
~~two voter registration forms at one time in the course of the~~	3016
~~official's or employee's normal duties:~~	3017

~~(1) An election official;~~

3018

~~(2) A county treasurer;~~

3019

~~(3) A deputy registrar of motor vehicles;~~

3020

~~(4) An employee of a designated agency;~~

3021

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

3022

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

3023

~~(7) An employee of a public library;~~

3024

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

3025

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

3026

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

3027

~~(11) An employee of an election official.~~

3028

~~(E)~~(C) As used in this section, "registering voters" includes	3029
any effort, for compensation, to provide voter registration forms	3030
or to assist persons in completing or returning those forms.	3031

Sec. 3504.01. A former elector of this state is eligible to	3032
vote a presidential ballot in the presidential general election	3033
held in this state in person or by mail if the former elector	3034
meets all of the following conditions:	3035

(A) The former elector moved out of this state not more than	3036
thirty days before the day of the presidential general election;	3037

(B) The former elector has not resided in the elector's new	3038
state of residence long enough to be eligible to vote in the	3039
presidential general election;	3040

(C) The former elector was registered to vote in this state	3041
at the time the former resident ceased to be a resident of this	3042
state; and	3043

(D) The former elector would be eligible to vote in this	3044
state if the former elector was a resident of this state.	3045

Sec. 3504.02. ~~Any citizen~~A former elector of this state who	3046
desires to vote in a presidential general election under this	3047
chapter shall,submit a completed certificate of intent to vote	3048
for presidential and vice-presidential electors not later than	3049
~~four p.m. of the thirtieth day prior to the date of the~~	3050
~~presidential election, complete a certificate of intent to vote~~	3051
~~for presidential and vice-presidential electors~~twelve noon of the	3052
third day before the day of the election. The certificate of	3053
intent shall be completed ~~in duplicate~~ on a form prescribed by the	3054
secretary of state that may be obtained and filed personally in	3055
the office of the board of elections of the county in which such	3056
person last resided before removal from this state, or mailed to	3057
such board of elections.	3058

Immediately following the spaces on the certificate for	3059
inserting information as requested by the secretary of state, the	3060
following statement shall be printed: "I declare under penalty of	3061
election falsification that the statements ~~herein~~ contained herein	3062
are true to the best of my knowledge and belief; that I am legally	3063
qualified to vote; that I am not ~~registered~~eligible to vote in	3064
the presidential general election in any other state; and that I	3065
have not voted in an election in any other state since removing	3066
myself from the state of Ohio.	3067

	..................................		3068
	Signature of applicant		3069
	..................................		3070
	Date		3071

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3072
OF THE FIFTH DEGREE."	3073

The former elector also shall submit with the certificate of	3074
intent to vote for presidential and vice-presidential electors a	3075
properly completed and signed Ohio voter registration cancellation	3076
request on a form prescribed by the secretary of state.	3077

Sec. 3504.04. On or before the day of a presidential general	3078
election ~~day~~, the director of the board of elections shall deliver	3079
to the polling place a list of persons who have filed certificates	3080
of intent to vote as former resident voters and who appear, from	3081
their voting address, entitled to vote at such polling place.	3082
Those persons whose names appear on the list of former resident	3083
voters, and who have otherwise complied with sections 3504.01 to	3084
3504.06 of the Revised Code, shall then be entitled to vote for	3085
presidential and vice-presidential electors only at their polling	3086
place on election day or by absent voter's ballots. Such voter who	3087
votes at that voter's polling place on election day shall sign	3088
that voter's name in the poll book or poll list followed by,	3089
"Former Resident's Presidential Ballot." Qualified former	3090
residents shall be entitled to cast absent voter's ballots for	3091
presidential and vice-presidential electors.	3092

Sec. 3504.05. The director of the board of elections shall	3093
~~forward copies of all certificates~~electronically transmit any	3094
certificate of intent received from a former ~~residents~~elector to	3095
the secretary of state ~~no later than the twenty-fifth day prior to~~	3096
~~the day of the election in which such former resident desires to~~	3097
~~vote~~within one business day. Upon receipt of such certificate,	3098
the secretary of state shall immediately notify the chief	3099
elections officer of the state of each applicant's prior residence	3100
of the fact that such applicant has declared ~~his~~the applicant's	3101
intention to vote for presidential and vice-presidential electors	3102
in this state.	3103

Sec. 3505.05. At any time prior to the seventieth day before	3104
the day of an election at which a question or issue, other than a	3105
statewide question or issue, is certified to appear on the ballot,	3106
the political subdivision, taxing authority, or other entity that	3107
placed the issue on the ballot may remove that issue from the	3108
ballot using the same process that the entity used to originally	3109
certify the issue for placement on the ballot.	3110

Upon receipt of a notification that a question or issue has	3111
been withdrawn, the board of elections shall remove that question	3112
or issue from the ballot.	3113

Sec. 3505.07. (A) If the board of elections, by a unanimous	3114
vote of its members, or if the secretary of state, in the	3115
secretary of state's sole discretion, finds it impracticable to	3116
place the names of candidates for any office of a minor political	3117
subdivision in the county or the wording of any question or issue	3118
to be voted upon in such minor political subdivision on the	3119
ballots under sections 3505.01 to 3505.09 of the Revised Code,	3120
then such board may, or at the direction of the secretary of state	3121
shall, provide separate ballots for the candidates, question, or	3122
issue.	3123

(B) If the secretary of state, in the secretary of state's	3124
sole discretion, determines that it is impracticable to place the	3125
names of candidates for any office or the wording for any question	3126
or issue to be voted upon on the ballot when the candidates,	3127
question, issue, or wording for the question or issue was ordered	3128
onto the ballot by a court of competent jurisdiction and the	3129
ballots have been printed prior to the court order, the board of	3130
elections, at the direction of the secretary of state, shall	3131
provide separate ballots for the candidates, question, or issue.	3132

(C) All separate ballots provided for in this section shall	3133
conform in quality of paper, style of printing, form of ballot,	3134
arrangement of names, and in all other ways, in so far as	3135
practicable, with the provisions relating to the printing of the	3136
general official ballot. ~~Separate ballot boxes shall be provided~~	3137
~~for each such separate kind of ballot.~~	3138

Sec. 3505.08. (A) Ballots shall be provided by the board of	3139
elections for all general and special elections. The ballots shall	3140
be printed with black ink on No. 2 white book paper fifty pounds	3141
in weight per ream assuming such ream to consist of five hundred	3142
sheets of such paper twenty-five by thirty-eight inches in size.	3143
Each ballot shall have attached at the top two stubs, each of the	3144
width of the ballot and not less than one-half inch in length,	3145
except that, if the board of elections has an alternate method to	3146
account for the ballots that the secretary of state has	3147
authorized, each ballot may have only one stub that shall be the	3148
width of the ballot and not less than one-half inch in length. In	3149
the case of ballots with two stubs, the stubs shall be separated	3150
from the ballot and from each other by perforated lines. The top	3151
stub shall be known as Stub B and shall have printed on its face	3152
"Stub B." The other stub shall be known as Stub A and shall have	3153
printed on its face "Stub A." Each stub shall also have printed on	3154
its face "Consecutive Number .........."	3155

Each ballot of each kind of ballot provided for use in each	3156
precinct shall be numbered consecutively beginning with number 1	3157
by printing such number upon both of the stubs attached to the	3158
ballot. On ballots bearing the names of candidates, each	3159
candidate's name shall be printed in twelve point boldface upper	3160
case type in an enclosed rectangular space, and an enclosed blank	3161
rectangular space shall be provided at the left of the candidate's	3162
name. The name of the political party of a candidate nominated at	3163
a primary election or certified by a party committee shall be	3164
printed in ten point lightface upper and lower case type and shall	3165
be separated by a two point blank space. The name of each	3166
candidate shall be indented one space within the enclosed	3167
rectangular space, and the name of the political party shall be	3168
indented two spaces within the enclosed rectangular space.	3169

The title of each office on the ballots shall be printed in	3170
twelve point boldface upper and lower case type in a separate	3171
enclosed rectangular space. A four point rule shall separate the	3172
name of a candidate or a group of candidates for the same office	3173
from the title of the office next appearing below on the ballot; a	3174
two point rule shall separate the title of the office from the	3175
names of candidates; and a one point rule shall separate names of	3176
candidates. Headings shall be printed in display Roman type. When	3177
the names of several candidates are grouped together as candidates	3178
for the same office, there shall be printed on the ballots	3179
immediately below the title of the office and within the separate	3180
rectangular space in which the title is printed "Vote for not more	3181
than ........," in six point boldface upper and lower case filling	3182
the blank space with that number which will indicate the number of	3183
persons who may be lawfully elected to the office.	3184

Columns on ballots shall be separated from each other by a	3185
heavy vertical border or solid line at least one-eighth of an inch	3186
wide, and a similar vertical border or line shall enclose the left	3187
and right side of ballots. Ballots shall be trimmed along the	3188
sides close to such lines.	3189

The ballots provided for by this section shall be comprised	3190
of four kinds of ballots designated as follows: office type	3191
ballot; nonpartisan ballot; questions and issues ballot; and	3192
presidential ballot.	3193

On the back of each office type ballot shall be printed	3194
"Official Office Type Ballot;" on the back of each nonpartisan	3195
ballot shall be printed "Official Nonpartisan Ballot;" on the back	3196
of each questions and issues ballot shall be printed "Official	3197
Questions and Issues Ballot;" and on the back of each presidential	3198
ballot shall be printed "Official Presidential Ballot." OnAt the	3199
~~back~~end of every ballot also shall be printed the date of the	3200
election at which the ballot is used and the facsimile signatures	3201
of the members of the board of the county in which the ballot is	3202
used. For the purpose of identifying the kind of ballot, the back	3203
of every ballot may be numbered in the order the board shall	3204
determine. The numbers shall be printed in not less than	3205
thirty-six point type above the words "Official Office Type	3206
Ballot," "Official Nonpartisan Ballot," "Official Questions and	3207
Issues Ballot," or "Official Presidential Ballot," as the case may	3208
be. ~~Ballot boxes~~A ballot box bearing corresponding numbers shall	3209
be furnished for each precinct in which the above-described	3210
numbered ballots are used.	3211

On the back of every ballot used, there shall be a solid	3212
black line printed opposite the blank rectangular space that is	3213
used to mark the choice of the voter. This line shall be printed	3214
wide enough so that the mark in the blank rectangular space will	3215
not be visible from the back side of the ballot.	3216

Sample ballots may be printed by the board of elections for	3217
all general elections. The ballots shall be printed on colored	3218
paper, and "Sample Ballot" shall be plainly printed in boldface	3219
type on the face of each ballot. In counties of less than one	3220
hundred thousand population, the board may print not more than	3221
five hundred sample ballots; in all other counties, it may print	3222
not more than one thousand sample ballots. The sample ballots	3223
shall not be distributed by a political party or a candidate, nor	3224
shall a political party or candidate cause their title or name to	3225
be imprinted on sample ballots.	3226

(B) Notwithstanding division (A) of this section, in	3227
approving the form of an official ballot, the secretary of state	3228
may authorize the use of fonts, type face settings, and ballot	3229
formats other than those prescribed in that division.	3230

Sec. 3505.11. (A) The ballots, with the stubs attached,	3231
shall be bound into tablets for each precinct, which tablets shall	3232
contain at least one per cent more ballots than the total	3233
registration in the precinct, except as otherwise provided in	3234
division (B) of this section. Upon the covers of the tablets shall	3235
be written, printed, or stamped the designation of the precinct	3236
for which the ballots have been prepared. All official ballots	3237
shall be printed uniformly upon the same kind and quality of paper	3238
and shall be of the same shape, size, and type.	3239

Electors who have failed to respond within thirty days to any	3240
confirmation notice shall not be counted in determining the number	3241
of ballots to be printed under this section.	3242

(B)(1) A board of elections may choose to provide ballots on	3243
demand. If a board so chooses, the board shall have prepared for	3244
each precinct at least five per cent more ballots for an election	3245
than the number specified below for that kind of election:	3246

(a) For a primary election or a special election held on the	3247
day of a primary election, the total number of electors in that	3248
precinct who voted in the primary election held four years	3249
previously or, if no primary election was held four years	3250
previously, the total number of electors in that precinct who	3251
voted in a similarly situated primary, as determined by the board;	3252

(b) For a general election or a special election held on the	3253
day of a general election, the total number of electors in that	3254
precinct who voted in the general election held four years	3255
previously;	3256

(c) For a special election held at any time other than on the	3257
day of a primary or general election, the total number of electors	3258
in that precinct who voted in the most recent primary or general	3259
election, whichever of those elections occurred in the precinct	3260
most recently.	3261

(2) If, after the board complies with the requirements of	3262
division (B)(1) of this section, the election officials of a	3263
precinct determine that the precinct will not have enough ballots	3264
to enable all the qualified electors in the precinct who wish to	3265
vote at a particular election to do so, the officials shall	3266
request that the board provide additional ballots, and the board	3267
shall provide enough additional ballots, to that precinct in a	3268
timely manner so that all qualified electors in that precinct who	3269
wish to vote at that election may do so.	3270

Sec. 3505.13. A contract for the printing of ballots	3271
involving a cost in excess of ~~ten~~twenty-five thousand dollars	3272
shall not be let until after five days' notice published once in a	3273
leading newspaper published in the county or upon notice given by	3274
mail by the board of elections, addressed to the responsible	3275
printing offices within the state. Except as otherwise provided in	3276
this section, each bid for such printing must be accompanied by a	3277
bond with at least two sureties, or a surety company, satisfactory	3278
to the board, in a sum double the amount of the bid, conditioned	3279
upon the faithful performance of the contract for such printing as	3280
is awarded and for the payment as damages by such bidder to the	3281
board of any excess of cost over the bid which it may be obliged	3282
to pay for such work by reason of the failure of the bidder to	3283
complete the contract. No bid unaccompanied by such bond shall be	3284
considered by the board. The board may, however, waive the	3285
requirement that each bid be accompanied by a bond if the cost of	3286
the contract is ~~ten~~twenty-five thousand dollars or less. The	3287
contract shall be let to the lowest responsible bidder in the	3288
state or, if the lowest bid by an out-of-state bidder is at least	3289
ten per cent less than the lowest bid by an in-state bidder, the	3290
contract may be let to the out-of-state bidder. ~~All ballots shall~~	3291
~~be printed within the state.~~	3292

Sec. 3505.16. Before the opening of the polls, the package	3293
of supplies and the ballot ~~boxes~~box shall be opened in the	3294
presence of the precinct officials. The ballot ~~boxes~~box, the	3295
package of ballots, registration forms, and other supplies shall	3296
at all times be in full sight of the observers, and no ballot box	3297
or unused ballots during the balloting or counting shall be	3298
removed or screened from their full sight until the counting has	3299
been closed and the final returns completed and the certificate	3300
signed by the judges.	3301

Sec. 3505.17. If by accident or casualty the ballots or	3302
other required papers, lists, or supplies are lost or destroyed,	3303
or in case none are delivered at the polling place, or if during	3304
the time the polls are open additional ballots or supplies are	3305
required, the board of elections, upon requisition by telephone or	3306
in writing and signed by a majority of the precinct election	3307
~~judges~~officials of the precinct stating why such additional	3308
supplies are needed, shall supply them as speedily as possible.	3309

Sec. 3505.18. (A)(1) When an elector appears in a polling	3310
place to vote, the elector shall announce to the precinct election	3311
officials the elector's full name and current address and provide	3312
proof of the elector's identity in the form of a current and valid	3313
photo identification, a military identification, a United States	3314
passport, or a copy of a current utility bill, bank statement,	3315
government check, paycheck, or other government document, other	3316
than ~~a notice of an election mailed by a board of elections under~~	3317
~~section 3501.19 of the Revised Code or~~ a notice of voter	3318
registration mailed by a board of elections under section 3503.19	3319
of the Revised Code, that shows the name and current address of	3320
the elector. ~~If the elector provides either a driver's license or~~	3321
~~a state identification card issued under section 4507.50 of the~~	3322
~~Revised Code that does not contain the elector's current residence~~	3323
~~address, the elector shall provide the last four digits of the~~	3324
~~elector's driver's license number or state identification card~~	3325
~~number, and the precinct election official shall mark the poll~~	3326
~~list or signature pollbook to indicate that the elector has~~	3327
~~provided a driver's license or state identification card number~~	3328
~~with a former address and record the last four digits of the~~	3329
~~elector's driver's license number or state identification card~~	3330
~~number.~~	3331

(2) If an elector has but is unable to provide to the	3332
precinct election officials any of the forms of identification	3333
required under division (A)(1) of this section, ~~but has a social~~	3334
~~security number, the elector may provide the last four digits of~~	3335
~~the elector's social security number. Upon providing the social~~	3336
~~security number information,~~ the elector may cast a provisional	3337
ballot under section 3505.181 of the Revised Code~~, the envelope of~~	3338
~~which ballot shall include that social security number~~	3339
~~information~~.	3340

(3) ~~If an elector has but is unable to provide to the~~	3341
~~precinct election officials any of the forms of identification~~	3342
~~required under division (A)(1) of this section and if the elector~~	3343
~~has a social security number but is unable to provide the last~~	3344
~~four digits of the elector's social security number, the elector~~	3345
~~may cast a provisional ballot under section 3505.181 of the~~	3346
~~Revised Code.~~	3347

~~(4)~~ If an elector does not have any of the forms of	3348
identification required under division (A)(1) of this section ~~and~~	3349
~~cannot provide the last four digits of the elector's social~~	3350
~~security number because the elector does not have a social~~	3351
~~security number~~, the elector may execute an affirmation under	3352
penalty of election falsification that the elector cannot provide	3353
the identification required under that division ~~or the last four~~	3354
~~digits of the elector's social security number~~ for ~~those reasons~~	3355
that reason. Upon signing the affirmation, the elector may cast a	3356
provisional ballot under section 3505.181 of the Revised Code. The	3357
secretary of state shall prescribe the form of the affirmation,	3358
which shall include spaces for the elector to complete all of the	3359
following:	3360

(a) The elector's name;

3361

(b) The elector's address;

3362

3363

(d) The elector's date of birth;

3364

(e) The elector's signature.

3365

~~(5)~~(4) If an elector does not have any of the forms of	3366
identification required under division (A)(1) of this section and	3367
~~cannot provide the last four digits of the elector's social~~	3368
~~security number because the elector does not have a social~~	3369
~~security number, and~~ if the elector declines to execute an	3370
affirmation under division (A)~~(4)~~(3) of this section, the elector	3371
may cast a provisional ballot under section 3505.181 of the	3372
Revised Code, ~~the envelope of which ballot shall include the~~	3373
~~elector's name~~but the ballot will not be counted.	3374

~~(6) If an elector has but declines to provide to the precinct~~	3375
~~election officials any of the forms of identification required~~	3376
~~under division (A)(1) of this section or the elector has a social~~	3377
~~security number but declines to provide to the precinct election~~	3378
~~officials the last four digits of the elector's social security~~	3379
~~number, the elector may cast a provisional ballot under section~~	3380
~~3505.181 of the Revised Code.~~	3381

(5) If an elector executes an affirmation under division	3382
(A)(3) of this section stating that the elector does not have any	3383
of the forms of identification required under division (A)(1) of	3384
this section and, in verifying the elector's eligibility to vote,	3385
the election officials determine that the elector does have one of	3386
those forms of identification and failed to provide such	3387
identification, that elector shall be deemed to have committed	3388
election falsification in violation of section 3599.36 of the	3389
Revised Code by filing that affirmation and that elector's	3390
provisional ballot shall not be counted.	3391

(B) After the elector has announced the elector's full name	3392
and current address and provided any of the forms of	3393
identification required under division (A)(1) of this section, the	3394
elector shall write the elector's ~~name and address~~signature at	3395
the proper place in the poll list or signature pollbook provided	3396
for the purpose, except that if, for any reason, an elector is	3397
unable to write the elector's ~~name and current address~~signature	3398
in the poll list or signature pollbook, the elector may make the	3399
elector's mark at the place intended for the elector's ~~name~~	3400
signature, and a precinct election official shall write the name	3401
of the elector at the proper place on the poll list or signature	3402
pollbook following the elector's mark. The making of such a mark	3403
shall be attested by the precinct election official, who shall	3404
evidence the same by signing the precinct election official's name	3405
on the poll list or signature pollbook as a witness to the mark.	3406
Alternatively, if applicable, an attorney in fact acting pursuant	3407
to section 3501.382 of the Revised Code may sign the elector's	3408
signature in the poll list or signature pollbook in accordance	3409
with that section.	3410

The elector's signature in the poll list or signature	3411
pollbook then shall be compared with the elector's signature on	3412
the elector's registration form or a digitized signature list as	3413
provided for in section 3503.13 of the Revised Code, and if, in	3414
the opinion of a majority of the precinct election officials, the	3415
signatures are the signatures of the same person, the election	3416
officials shall enter the date of the election on the registration	3417
form or shall record the date by other means prescribed by the	3418
secretary of state. The validity of an attorney in fact's	3419
signature on behalf of an elector shall be determined in	3420
accordance with section 3501.382 of the Revised Code.	3421

If the right of the elector to vote is not then challenged,	3422
or, if being challenged, the elector establishes the elector's	3423
right to vote, the elector shall be allowed to proceed to use the	3424
voting machine. If voting machines are not being used in that	3425
precinct, the judge in charge of ballots shall then detach the	3426
next ballots to be issued to the elector from Stub B attached to	3427
each ballot, leaving Stub A attached to each ballot, hand the	3428
ballots to the elector, and call the elector's name and the stub	3429
number on each of the ballots. The judge shall enter the stub	3430
numbers opposite the signature of the elector in the pollbook. The	3431
elector shall then retire to one of the voting compartments to	3432
mark the elector's ballots. No mark shall be made on any ballot	3433
which would in any way enable any person to identify the person	3434
who voted the ballot.	3435

Sec. 3505.181. (A) All of the following individuals shall be	3436
permitted to cast a provisional ballot at an election:	3437

(1) An individual who declares that the individual is a	3438
registered voter in the jurisdiction in which the individual	3439
desires to vote and that the individual is eligible to vote in an	3440
election, but the name of the individual does not appear on the	3441
official list of eligible voters for the polling place or an	3442
election official asserts that the individual is not eligible to	3443
vote;	3444

(2) ~~An individual who has a social security number and~~	3445
~~provides to the election officials the last four digits of the~~	3446
~~individual's social security number as permitted by division~~	3447
~~(A)(2) of section 3505.18 of the Revised Code;~~	3448

~~(3)~~ An individual who has but is unable to provide to the	3449
election officials any of the forms of identification required	3450
under division (A)(1) of section 3505.18 of the Revised Code ~~and~~	3451
~~who has a social security number but is unable to provide the last~~	3452
~~four digits of the individual's social security number as~~	3453
~~permitted under division (A)(2) of that section~~;	3454

~~(4)~~(3) An individual who does not have any of the forms of	3455
identification required under division (A)(1) of section 3505.18	3456
of the Revised Code~~, who cannot provide the last four digits of~~	3457
~~the individual's social security number under division (A)(2) of~~	3458
~~that section because the individual does not have a social~~	3459
~~security number,~~ and who ~~has executed~~executes an affirmation as	3460
~~permitted~~under division (A)(3) of that section or declines to	3461
execute an affirmation under division (A)(4) of that section;	3462

~~(5)~~(4) An individual whose name in the poll list or signature	3463
pollbook has been marked under section 3509.09 or 3511.13 of the	3464
Revised Code as having requested an absent voter's ballot or an	3465
~~armed service~~a uniformed services or overseas absent voter's	3466
ballot for that election and who appears to vote at the polling	3467
place;	3468

~~(6)~~(5) An individual whose notification of registration has	3469
been returned undelivered to the board of elections and whose name	3470
in the official registration list and in the poll list or	3471
signature pollbook has been marked under division (C)(2) of	3472
section 3503.19 of the Revised Code;	3473

~~(7)~~(6) An individual who is challenged under section 3505.20	3474
of the Revised Code and the election officials determine that the	3475
person is ineligible to vote or are unable to determine the	3476
person's eligibility to vote;	3477

~~(8) An individual whose application or challenge hearing has~~	3478
~~been postponed until after the day of the election under division~~	3479
~~(D)(1) of section 3503.24 of the Revised Code;~~	3480

~~(9)~~(7) An individual who ~~changes the individual's name and~~	3481
~~remains within the precinct,~~ moves from one precinct to another	3482
within a county, moves from one precinct to another and changes	3483
the individual's name, or moves from one county to another within	3484
the state, or moves from one county to another and changes the	3485
individual's name and completes and signs the required forms and	3486
statements under division (B) or (C) of section 3503.16 of the	3487
Revised Code;	3488

~~(10)~~(8) An individual whose signature, in the opinion of the	3489
precinct officers under section 3505.22 of the Revised Code, is	3490
not that of the person who signed that name in the registration	3491
forms;	3492

~~(11)~~(9) An individual who is challenged under section 3513.20	3493
of the Revised Code who refuses to make the statement required	3494
under that section, who a majority of the precinct officials find	3495
lacks any of the qualifications to make the individual a qualified	3496
elector, or who a majority of the precinct officials find is not	3497
affiliated with or a member of the political party whose ballot	3498
the individual desires to vote;	3499

~~(12) An individual who does not have any of the forms of~~	3500
~~identification required under division (A)(1) of section 3505.18~~	3501
~~of the Revised Code, who cannot provide the last four digits of~~	3502
~~the individual's social security number under division (A)(2) of~~	3503
~~that section because the person does not have a social security~~	3504
~~number, and who declines to execute an affirmation as permitted~~	3505
~~under division (A)(4) of that section;~~	3506

~~(13) An individual who has but declines to provide to the~~	3507
~~precinct election officials any of the forms of identification~~	3508
~~required under division (A)(1) of section 3501.18 of the Revised~~	3509
~~Code or who has a social security number but declines to provide~~	3510
~~to the precinct election officials the last four digits of the~~	3511
~~individual's social security number~~(10) An individual who is	3512
casting a ballot after the time for the closing of the polls under	3513
section 3501.32 of the Revised Code pursuant to a court order	3514
extending the time for the closing of the polls.	3515

(B) An individual who is eligible to cast a provisional	3516
ballot under division (A) of this section shall be permitted to	3517
cast a provisional ballot as follows:	3518

(1) An election official at the polling place shall notify	3519
the individual that the individual may cast a provisional ballot	3520
in that election.	3521

(2) The individual shall be permitted to cast a provisional	3522
ballot at that polling place upon the execution of a written	3523
affirmation by the individual before an election official at the	3524
polling place stating that the individual is both of the	3525
following:	3526

(a) A registered voter in the jurisdiction in which the	3527
individual desires to vote;	3528

(b) Eligible to vote in that election.

3529

If the individual declines to execute the affirmation, the	3530
election official shall not record any of the information required	3531
to be provided by the individual on the affirmation. The election	3532
official shall explain to the individual that the provisional	3533
ballot will not be counted.	3534

(3) An election official at the polling place shall transmit	3535
the ballot cast by the individual,and the voter information	3536
contained in the written affirmation executed by the individual	3537
under division (B)(2) of this section~~, or the individual's name if~~	3538
~~the individual declines to execute such an affirmation~~ to an	3539
appropriate local election official for verification ~~under~~	3540
~~division (B)(4) of this section~~.	3541

(4) ~~If the appropriate local election official to whom the~~	3542
~~ballot or voter or address information is transmitted under~~	3543
~~division (B)(3) of this section determines that the individual is~~	3544
~~eligible to vote, the individual's provisional ballot shall be~~	3545
~~counted as a vote in that election.~~	3546

~~(5)~~(a) At the time that an individual casts a provisional	3547
ballot, the appropriate local election official shall give the	3548
individual written information that states that any individual who	3549
casts a provisional ballot will be able to ascertain under the	3550
system established under division (B)~~(5)~~(4)(b) of this section	3551
whether the vote was counted, and, if the vote was not counted,	3552
the reason that the vote was not counted.	3553

(b) The appropriate state or local election official shall	3554
establish a free access system, in the form of a toll-free	3555
telephone number, that any individual who casts a provisional	3556
ballot may access to discover whether the vote of that individual	3557
was counted, and, if the vote was not counted, the reason that the	3558
vote was not counted. The free access system established under	3559
this division also shall provide to an individual whose	3560
provisional ballot was not counted information explaining how that	3561
individual may contact the board of elections to register to vote	3562
or to resolve problems with the individual's voter registration.	3563

The appropriate state or local election official shall	3564
establish and maintain reasonable procedures necessary to protect	3565
the security, confidentiality, and integrity of personal	3566
information collected, stored, or otherwise used by the free	3567
access system established under this division. Access to	3568
information about an individual ballot shall be restricted to the	3569
individual who cast the ballot.	3570

~~(6) If, at the time that an individual casts a provisional~~	3571
~~ballot, the individual provides identification in the form of a~~	3572
~~current and valid photo identification, a military identification,~~	3573
~~or a copy of a current utility bill, bank statement, government~~	3574
~~check, paycheck, or other government document, other than a notice~~	3575
~~of an election mailed by a board of elections under section~~	3576
~~3501.19 of the Revised Code or a notice of voter registration~~	3577
~~mailed by a board of elections under section 3503.19 of the~~	3578
~~Revised Code, that shows the individual's name and current~~	3579
~~address, or provides the last four digits of the individual's~~	3580
~~social security number, or executes an affirmation that the~~	3581
~~elector does not have any of those forms of identification or the~~	3582
~~last four digits of the individual's social security number~~	3583
~~because the individual does not have a social security number, or~~	3584
~~declines to execute such an affirmation, the appropriate local~~	3585
~~election official shall record the type of identification~~	3586
~~provided, the social security number information, the fact that~~	3587
~~the affirmation was executed, or the fact that the individual~~	3588
~~declined to execute such an affirmation and include that~~	3589
~~information with the transmission of the ballot or voter or~~	3590
~~address information under division (B)(3) of this section. If the~~	3591
~~individual declines to execute such an affirmation, the~~	3592
~~appropriate local election official shall record the individual's~~	3593
~~name and include that information with the transmission of the~~	3594
~~ballot under division (B)(3) of this section.~~	3595

~~(7) If an individual casts a provisional ballot pursuant to~~	3596
~~division (A)(3), (7), (8), (12), or (13)~~ of this section, the	3597
election official shall indicate, on the provisional ballot	3598
verification statement required under section 3505.182 of the	3599
Revised Code, ~~that the individual is required to provide~~	3600
~~additional information to the board of elections or~~ that an	3601
application or challenge hearing has been postponed with respect	3602
to the individual, such that additional information is required	3603
for the board of elections to determine the eligibility of the	3604
individual who cast the provisional ballot.	3605

~~(8) During the ten days after the day of an election, an~~	3606
~~individual who casts a provisional ballot pursuant to division~~	3607
~~(A)(3), (7), (12), or (13) of this section shall appear at the~~	3608
~~office of the board of elections and provide to the board any~~	3609
~~additional information necessary to determine the eligibility of~~	3610
~~the individual who cast the provisional ballot.~~	3611

~~(a) For a provisional ballot cast pursuant to division~~	3612
~~(A)(3), (12), or (13) of this section to be eligible to be~~	3613
~~counted, the individual who cast that ballot, within ten days~~	3614
~~after the day of the election, shall do any of the following:~~	3615

~~(i) Provide to the board of elections proof of the~~	3616
~~individual's identity in the form of a current and valid photo~~	3617
~~identification, a military identification, or a copy of a current~~	3618
~~utility bill, bank statement, government check, paycheck, or other~~	3619
~~government document, other than a notice of an election mailed by~~	3620
~~a board of elections under section 3501.19 of the Revised Code or~~	3621
~~a notice of voter registration mailed by a board of elections~~	3622
~~under section 3503.19 of the Revised Code, that shows the~~	3623
~~individual's name and current address;~~	3624

~~(ii) Provide to the board of elections the last four digits~~	3625
~~of the individual's social security number;~~	3626

~~(iii) In the case of a provisional ballot executed pursuant~~	3627
~~to division (A)(12) of this section, execute an affirmation as~~	3628
~~permitted under division (A)(4) of section 3505.18 of the Revised~~	3629
~~Code.~~	3630

~~(b) For a provisional ballot cast pursuant to division (A)(7)~~	3631
~~of this section to be eligible to be counted, the individual who~~	3632
~~cast that ballot, within ten days after the day of that election,~~	3633
~~shall provide to the board of elections any identification or~~	3634
~~other documentation required to be provided by the applicable~~	3635
~~challenge questions asked of that individual under section 3505.20~~	3636
~~of the Revised Code.~~	3637

(C)(1) If an individual declares that the individual is	3638
eligible to vote in a jurisdiction other than the jurisdiction in	3639
which the individual desires to vote, or if, upon review of the	3640
precinct voting location guide using the residential street	3641
address provided by the individual, an election official at the	3642
polling place at which the individual desires to vote determines	3643
that the individual is not eligible to vote in that jurisdiction,	3644
the election official shall direct the individual to the polling	3645
place for the jurisdiction in which the individual appears to be	3646
eligible to vote, explain that the individual may cast a	3647
provisional ballot at the current location but the ballot will not	3648
be counted if it is cast in the wrong precinct, and provide the	3649
telephone number of the board of elections in case the individual	3650
has additional questions.	3651

(2) If the individual refuses to travel to the polling place	3652
for the correct jurisdiction or to the office of the board of	3653
elections to cast a ballot, the individual shall be permitted to	3654
vote a provisional ballot at that jurisdiction in accordance with	3655
division (B) of this section. If any of the following apply, the	3656
provisional ballot cast by that individual shall not be opened or	3657
counted:	3658

(a) The individual is not properly registered in that	3659
jurisdiction.	3660

(b) The individual is not eligible to vote in that election	3661
in that jurisdiction.	3662

(c) The individual's eligibility to vote in that jurisdiction	3663
in that election cannot be established upon examination of the	3664
records on file with the board of elections.	3665

(D) The appropriate local election official shall cause	3666
voting information to be publicly posted at each polling place on	3667
the day of each election.	3668

(E) As used in this section and sections 3505.182 and	3669
3505.183 of the Revised Code:	3670

(1) "Jurisdiction" means the precinct in which a person is a	3671
legally qualified elector.	3672

(2) "Precinct voting location guide" means either of the	3673
following:	3674

(a) An electronic or paper record that lists the correct	3675
jurisdiction and polling place for either each specific	3676
residential street address in the county or the range of	3677
residential street addresses located in each neighborhood block in	3678
the county;	3679

(b) Any other method that a board of elections creates that	3680
allows a precinct election official or any elector who is at a	3681
polling place in that county to determine the correct jurisdiction	3682
and polling place of any qualified elector who resides in the	3683
county.	3684

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

3685

(a) A sample version of the ballot that will be used for that	3686
election;	3687

(b) Information regarding the date of the election and the	3688
hours during which polling places will be open;	3689

(c) Instructions on how to vote, including how to cast a vote	3690
and how to cast a provisional ballot;	3691

(d) Instructions for mail-in registrants and first-time	3692
voters under applicable federal and state laws;	3693

(e) General information on voting rights under applicable	3694
federal and state laws, including information on the right of an	3695
individual to cast a provisional ballot and instructions on how to	3696
contact the appropriate officials if these rights are alleged to	3697
have been violated;	3698

(f) General information on federal and state laws regarding	3699
prohibitions against acts of fraud and misrepresentation.	3700

Sec. 3505.182. Each individual who casts a provisional	3701
ballot under section 3505.181 of the Revised Code shall execute a	3702
written affirmation. The secretary of state shall prescribe the	3703
form of the written affirmation, which shall be printed upon the	3704
face of the provisional ballot envelope ~~and shall be substantially~~	3705
~~as follows:~~	3706

~~"Provisional Ballot Affirmation~~	3707

~~STATE OF OHIO~~	3708

~~I, .................... (Name of provisional voter), solemnly~~	3709
~~swear or affirm that I am a registered voter in the jurisdiction~~	3710
~~in which I am voting this provisional ballot and that I am~~	3711
~~eligible to vote in the election in which I am voting this~~	3712
~~provisional ballot~~.	3713

~~I understand that, if the above-provided information is not~~	3714
~~fully completed and correct, if the board of elections determines~~	3715
~~that I am not registered to vote, a resident of this precinct, or~~	3716
~~eligible to vote in this election, or if the board of elections~~	3717
~~determines that I have already voted in this election, my~~	3718
~~provisional ballot will not be counted. I further understand that~~	3719
~~knowingly providing false information is a violation of law and~~	3720
~~subjects me to possible criminal prosecution.~~	3721

~~I hereby declare, under penalty of election falsification,~~	3722
~~that the above statements are true and correct to the best of my~~	3723
~~knowledge and belief.~~	3724

			3725
	~~(Signature of Voter)~~		3726
			3727
	~~(Voter's date of birth)~~		3728

	~~The last four digits of the voter's social security number~~		3729
			3730
	(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 an election mailed by a board of elections under section 3501.19 of the Revised Code or 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)		3731

~~WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY~~	3732
~~OF THE FIFTH DEGREE.~~	3733

~~Additional Information For Determining Ballot Validity~~	3734

~~(May be completed at voter's discretion)~~	3735

~~Voter's current address:~~				3736
~~Voter's former address if photo identification does not contain voter's current address~~				3737
~~Voter's driver's license number or, if not provided above, the last four digits of voter's social security number~~				3738
~~(Please circle number type)~~				3739
(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 an election mailed by a board of elections under section 3501.19 of the Revised Code or 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.)				3740
~~Reason for voting provisional ballot (Check one):~~				3741
~~..... Requested, but did not receive, absent voter's ballot~~				3742
~~..... Other~~				3743

~~Verification Statement~~	3744

~~(To be completed by election official)~~	3745

~~The Provisional Ballot Affirmation printed above was~~	3746
~~subscribed and affirmed before me this .......... day of~~	3747
~~.......... (Month), .......... (Year).~~	3748

~~(If applicable, the election official must check the~~	3749
~~following true statement concerning additional information needed~~	3750
~~to determine the eligibility of the provisional voter.)~~	3751

~~...... The provisional voter is required to provide~~	3752
~~additional information to the board of elections.~~	3753

~~...... An application or challenge hearing regarding this~~	3754
~~voter has been postponed until after the election.~~	3755

~~(The election official must check the following true~~	3756
~~statement concerning identification provided by the provisional~~	3757
~~voter, if any.)~~	3758

~~...... The provisional voter provided a current and valid~~	3759
~~photo identification.~~	3760

~~...... The provisional voter provided a current valid photo~~	3761
~~identification, other than a driver's license or a state~~	3762
~~identification card, with the voter's former address instead of~~	3763
~~current address and has provided the election official both the~~	3764
~~current and former addresses.~~	3765

~~...... The provisional voter provided a military~~	3766
~~identification or a copy of a current utility bill, bank~~	3767
~~statement, government check, paycheck, or other government~~	3768
~~document, other than a notice of an election mailed by a board of~~	3769
~~elections under section 3501.19 of the Revised Code or a notice of~~	3770
~~voter registration mailed by a board of elections under section~~	3771
~~3503.19 of the Revised Code, with the voter's name and current~~	3772
~~address.~~	3773

~~...... The provisional voter provided the last four digits of~~	3774
~~the voter's social security number.~~	3775

~~...... The provisional voter is not able to provide a current~~	3776
~~and valid photo identification, a military identification, or a~~	3777
~~copy of a current utility bill, bank statement, government check,~~	3778
~~paycheck, or other government document, other than a notice of an~~	3779
~~election mailed by a board of elections under section 3501.19 of~~	3780
~~the Revised Code or a notice of voter registration mailed by a~~	3781
~~board of elections under section 3503.19 of the Revised Code, with~~	3782
~~the voter's name and current address but does have one of these~~	3783
~~forms of identification. The provisional voter must provide one of~~	3784
~~the foregoing items of identification to the board of elections~~	3785
~~within ten days after the election.~~	3786

~~..... The provisional voter is not able to provide a current~~	3787
~~and valid photo identification, a military identification, or a~~	3788
~~copy of a current utility bill, bank statement, government check,~~	3789
~~paycheck, or other government document, other than a notice of an~~	3790
~~election mailed by a board of elections under section 3501.19 of~~	3791
~~the Revised Code or a notice of voter registration mailed by a~~	3792
~~board of elections under section 3503.19 of the Revised Code, with~~	3793
~~the voter's name and current address but does have one of these~~	3794
~~forms of identification. Additionally, the provisional voter does~~	3795
~~have a social security number but is not able to provide the last~~	3796
~~four digits of the voter's social security number before voting.~~	3797
~~The provisional voter must provide one of the foregoing items of~~	3798
~~identification or the last four digits of the voter's social~~	3799
~~security number to the board of elections within ten days after~~	3800
~~the election.~~	3801

~~..... The provisional voter does not have a current and valid~~	3802
~~photo identification, a military identification, a copy of a~~	3803
~~current utility bill, bank statement, government check, paycheck,~~	3804
~~or other government document with the voter's name and current~~	3805
~~address, or a social security number, but has executed an~~	3806
~~affirmation.~~	3807

~~..... The provisional voter does not have a current and valid~~	3808
~~photo identification, a military identification, a copy of a~~	3809
~~current utility bill, bank statement, government check, paycheck,~~	3810
~~or other government document with the voter's name and current~~	3811
~~address, or a social security number, and has declined to execute~~	3812
~~an affirmation.~~	3813

~~..... The provisional voter declined to provide a current and~~	3814
~~valid photo identification, a military identification, a copy of a~~	3815
~~current utility bill, bank statement, government check, paycheck,~~	3816
~~or other government document with the voter's name and current~~	3817
~~address, or the last four digits of the voter's social security~~	3818
~~number but does have one of these forms of identification or a~~	3819
~~social security number. The provisional voter must provide one of~~	3820
~~the foregoing items of identification or the last four digits of~~	3821
~~the voter's social security number to the board of elections~~	3822
~~within ten days after the election.~~	3823

			3824
	~~(Signature of Election Official)"~~		3825

~~In addition to any information required to be included on the~~	3826
~~written affirmation, an individual casting a provisional ballot~~	3827
~~may provide additional information to the election official to~~	3828
~~assist the board of elections in determining the individual's~~	3829
~~eligibility to vote in that election, including the date and~~	3830
~~location at which the individual registered to vote, if known.~~	3831

~~If the individual declines to execute the affirmation, an~~	3832
~~appropriate local election official shall comply with division~~	3833
~~(B)(6) of section 3505.181 of the Revised Code.~~Also printed on	3834
the provisional ballot envelope shall be an election official	3835
checklist, which shall be signed by two election officials who are	3836
members of different political parties affirming that those	3837
election officials followed the proper procedures in verifying the	3838
provisional voter's registration information, address, and correct	3839
precinct.	3840

Sec. 3505.183. (A) When the ballot boxes are delivered to	3841
the board of elections from the precincts, the board shall	3842
separate the provisional ballot envelopes from the rest of the	3843
ballots. Teams of employees of the board consisting of one member	3844
of each major political party shall place the sealed provisional	3845
ballot envelopes in a secure location within the office of the	3846
board. The sealed provisional ballot envelopes shall remain in	3847
that secure location until the validity of those ballots is	3848
determined under division (B) of this section. ~~While the~~	3849
~~provisional ballot is stored in that secure location, and prior to~~	3850
~~the counting of the provisional ballots, if the board receives~~	3851
~~information regarding the validity of a specific provisional~~	3852
~~ballot under division (B) of this section, the board may note, on~~	3853
~~the sealed provisional ballot envelope for that ballot, whether~~	3854
~~the ballot is valid and entitled to be counted.~~	3855

(B)(1) To determine whether a provisional ballot is valid and	3856
entitled to be counted, the board shall examine ~~its~~the	3857
affirmation executed by the provisional voter, the statewide voter	3858
registration database, and other records maintained by the board	3859
of elections and determine whether the individual who cast the	3860
provisional ballot is registered and eligible to vote in the	3861
applicable election. The board shall examine the information	3862
contained in the written affirmation executed by the individual	3863
who cast the provisional ballot under division (B)(2) of section	3864
3505.181 of the Revised Code. ~~If the individual declines to~~	3865
~~execute such an affirmation, the individual's name, written by~~	3866
~~either the individual or the election official at the direction of~~	3867
~~the individual, shall be included in a written affirmation in~~	3868
~~order for the provisional ballot to be eligible to be counted;~~	3869
~~otherwise, the~~The following information shall be included by the	3870
provisional voter in the written affirmation in order for the	3871
provisional ballot to be eligible to be counted:	3872

(a) The individual's printed name ~~and~~;

3873

(b) The individual's signature;

3874

~~(b)~~(c) The individual's date of birth;

3875

(d) The individual's social security number, driver's license	3876
number, or state identification card number, or an affirmative	3877
notation that the individual provided the required identification	3878
under division (A)(1) of section 3505.18 of the Revised Code;	3879

(e) The individual's residence address;

3880

(f) A statement that the individual is a registered voter in	3881
the jurisdiction in which the provisional ballot is being voted;	3882

~~(c)~~(g) A statement that the individual is eligible to vote in	3883
the election in which the provisional ballot is being voted.	3884

(2) ~~In addition to the information required to be included in~~	3885
~~an affirmation under division (B)(1) of this section, in~~	3886
~~determining whether a provisional ballot is valid and entitled to~~	3887
~~be counted, the board also shall examine any additional~~	3888
~~information for determining ballot validity provided by the~~	3889
~~provisional voter on the affirmation, provided by the provisional~~	3890
~~voter to an election official under section 3505.182 of the~~	3891
~~Revised Code, or provided to the board of elections during the ten~~	3892
~~days after the day of the election under division (B)(8) of~~	3893
~~section 3505.181 of the Revised Code, to assist the board in~~	3894
~~determining the individual's eligibility to vote.~~	3895

~~(3)~~ If, in examining a provisional ballot affirmation ~~and~~	3896
~~additional information under divisions (B)(1) and (2) of this~~	3897
~~section~~, the board determines that all of the following apply, the	3898
provisional ballot envelope shall be opened, and the ballot shall	3899
be placed in a ballot box to be counted:	3900

(a) The individual named on the affirmation is properly	3901
registered to vote.	3902

(b) The individual named on the affirmation is eligible to	3903
cast a ballot in the precinct and for the election in which the	3904
individual cast the provisional ballot.	3905

(c) The individual provided all of the information required	3906
under division (B)(1) of this section in the affirmation that the	3907
individual executed at the time the individual cast the	3908
provisional ballot.	3909

~~(d) If applicable, the individual provided any additional~~	3910
~~information required under division (B)(8) of section 3505.181 of~~	3911
~~the Revised Code within ten days after the day of the election.~~	3912

~~(e) If applicable, the hearing conducted under division (B)~~	3913
~~of section 3503.24 of the Revised Code after the day of the~~	3914
~~election resulted in the individual's inclusion in the official~~	3915
~~registration list.~~	3916

~~(4)~~(3)(a) If, in examining a provisional ballot affirmation	3917
~~and additional information under divisions (B)(1) and (2) of this~~	3918
~~section~~, the board determines that any of the following applies,	3919
the provisional ballot envelope shall not be opened, and the	3920
ballot shall not be counted:	3921

(i) The individual named on the affirmation is not qualified	3922
or is not properly registered to vote.	3923

(ii) The individual named on the affirmation is not eligible	3924
to cast a ballot in the precinct or for the election in which the	3925
individual cast the provisional ballot.	3926

(iii) The individual did not provide all of the information	3927
required under division (B)(1) of this section in the affirmation	3928
that the individual executed at the time the individual cast the	3929
provisional ballot.	3930

(iv) The individual has already cast a ballot for the	3931
election in which the individual cast the provisional ballot.	3932

(v) ~~If applicable, the individual did not provide any~~	3933
~~additional information required under division (B)(8) of section~~	3934
~~3505.181 of the Revised Code within ten days after the day of the~~	3935
~~election.~~	3936

~~(vi) If applicable, the hearing conducted under division (B)~~	3937
~~of section 3503.24 of the Revised Code after the day of the~~	3938
~~election did not result in the individual's inclusion in the~~	3939
~~official registration list.~~	3940

~~(vii) The individual failed to provide a current and valid~~	3941
~~photo identification, a military identification, a copy of a~~	3942
~~current utility bill, bank statement, government check, paycheck,~~	3943
~~or other government document, other than a notice of an election~~	3944
~~mailed by a board of elections under section 3501.19 of the~~	3945
~~Revised Code or a notice of voter registration mailed by a board~~	3946
~~of elections under section 3503.19 of the Revised Code, with the~~	3947
~~voter's name and current address, or the last four digits of the~~	3948
~~individual's social security number or to execute an affirmation~~	3949
~~under division (A) of section 3505.18 or division (B) of section~~	3950
~~3505.181 of the Revised Code.~~The elector executed an affirmation	3951
under division (A)(3) of section 3505.18 of the Revised Code	3952
stating that the elector does not have any of the forms of	3953
identification required under division (A)(1) of that section and,	3954
in verifying the elector's eligibility to vote, the election	3955
officials determined that the elector does have one of those forms	3956
of identification and failed to provide that identification.	3957

(b) If, in examining a provisional ballot affirmation ~~and~~	3958
~~additional information under divisions (B)(1) and (2) of this~~	3959
~~section~~, the board is unable to determine either of the following,	3960
the provisional ballot envelope shall not be opened, and the	3961
ballot shall not be counted:	3962

(i) Whether the individual named on the affirmation is	3963
qualified or properly registered to vote;	3964

(ii) Whether the individual named on the affirmation is	3965
eligible to cast a ballot in the precinct or for the election in	3966
which the individual cast the provisional ballot.	3967

(C)(1) For each provisional ballot rejected under division	3968
(B)~~(4)~~(3) of this section, the board shall record the name of the	3969
provisional voter who cast the ballot, the identification number	3970
of the provisional ballot envelope, the names of the election	3971
officials who determined the validity of that ballot, the date and	3972
time that the determination was made, and the reason that the	3973
ballot was not counted.	3974

(2) Provisional ballots that are rejected under division	3975
(B)~~(4)~~(3) of this section shall not be counted but shall be	3976
preserved in their provisional ballot envelopes unopened until the	3977
time provided by section 3505.31 of the Revised Code for the	3978
destruction of all other ballots used at the election for which	3979
ballots were provided, at which time they shall be destroyed.	3980

(D) Provisional ballots that the board determines are	3981
eligible to be counted under division (B)~~(3)~~(2) of this section	3982
shall be counted in the same manner as provided for other ballots	3983
under section 3505.27 of the Revised Code. No provisional ballots	3984
shall be counted in a particular county until the board determines	3985
the eligibility to be counted of all provisional ballots cast in	3986
that county under division (B) of this section for that election.	3987
Observers, as provided in section 3505.21 of the Revised Code, may	3988
be present at all times that the board is determining the	3989
eligibility of provisional ballots to be counted and counting	3990
those provisional ballots determined to be eligible. No person	3991
shall recklessly disclose the count or any portion of the count of	3992
provisional ballots in such a manner as to jeopardize the secrecy	3993
of any individual ballot.	3994

(E)~~(1) Except as otherwise provided in division (E)(2) of~~	3995
~~this section, nothing~~Nothing in this section shall prevent a	3996
board of elections from examining provisional ballot affirmations	3997
~~and additional information under divisions (B)(1) and (2) of this~~	3998
~~section~~ to determine the eligibility of provisional ballots to be	3999
counted during the ten days after the day of an election.	4000

~~(2) A board of elections shall not examine the provisional~~	4001
~~ballot affirmation and additional information under divisions~~	4002
~~(B)(1) and (2) of this section of any provisional ballot for which~~	4003
~~an election official has indicated under division (B)(7) of~~	4004
~~section 3505.181 of the Revised Code that additional information~~	4005
~~is required for the board of elections to determine the~~	4006
~~eligibility of the individual who cast that provisional ballot~~	4007
~~until the individual provides any information required under~~	4008
~~division (B)(8) of section 3505.181 of the Revised Code, until any~~	4009
~~hearing required to be conducted under section 3503.24 of the~~	4010
~~Revised Code with regard to the provisional voter is held, or~~	4011
~~until the eleventh day after the day of the election, whichever is~~	4012
~~earlier.~~	4013

Sec. 3505.20. Any person offering to vote may be challenged	4014
at the polling place by any ~~judge of elections~~precinct election	4015
official. If the board of elections has ruled on the question	4016
presented by a challenge prior to election day, its finding and	4017
decision shall be final, and the ~~presiding judge~~voting location	4018
manager shall be notified in writing. If the board has not ruled,	4019
the question shall be determined as set forth in this section. If	4020
any person is so challenged as unqualified to vote, the ~~presiding~~	4021
~~judge~~voting location manager shall tender the person the	4022
following oath: "You do swear or affirm under penalty of election	4023
falsification that you will fully and truly answer all of the	4024
following questions put to you concerning your qualifications as	4025
an elector at this election."	4026

(A) If the person is challenged as unqualified on the ground	4027
that the person is not a citizen, the ~~judges~~precinct election	4028
officials shall put the following ~~questions~~question:	4029

~~(1)~~ Are you a citizen of the United States?

4030

~~(2) Are you a native or naturalized citizen?~~

4031

~~(3) Where were you born?~~

4032

~~(4) What official documentation do you possess to prove your~~	4033
~~citizenship? Please provide that documentation.~~	4034

~~If the person offering to vote claims to be a naturalized~~	4035
~~citizen of the United States, the person shall, before the vote is~~	4036
~~received, produce for inspection of the judges a certificate of~~	4037
~~naturalization and declare under oath that the person is the~~	4038
~~identical person named in the certificate. If the person states~~	4039
~~under oath that, by reason of the naturalization of the person's~~	4040
~~parents or one of them, the person has become a citizen of the~~	4041
~~United States, and when or where the person's parents were~~	4042
~~naturalized, the certificate of naturalization need not be~~	4043
~~produced. If the person is unable to provide a certificate of~~	4044
~~naturalization on the day of the election, the judges shall~~	4045
~~provide to the person, and the person may vote, a provisional~~	4046
~~ballot under section 3505.181 of the Revised Code. The provisional~~	4047
~~ballot shall not be counted unless it is properly completed and~~	4048
~~the board of elections determines that the voter is properly~~	4049
~~registered and eligible to vote in the election.~~	4050

(B) If the person is challenged as unqualified on the ground	4051
that the person has not resided in this state for thirty days	4052
immediately preceding the election, the ~~judges~~precinct election	4053
officials shall put the following questions:	4054

(1) Have you resided in this state for thirty days	4055
immediately preceding this election? If so, where have you	4056
resided?	4057

(2) Did you properly register to vote?

4058

(3) Can you provide some form of identification containing	4059
your current mailing address in this precinct? Please provide that	4060
identification.	4061

(4) Have you voted or attempted to vote at any other location	4062
in this or in any other state at this election?	4063

(5) Have you applied for an absent voter's ballot in any	4064
state for this election?	4065

If the ~~judges~~precinct election officials are unable to	4066
verify the person's eligibility to cast a ballot in the election,	4067
the ~~judges~~precinct election officials shall provide to the	4068
person, and the person may vote, a provisional ballot under	4069
section 3505.181 of the Revised Code. The provisional ballot shall	4070
not be counted unless it is properly completed and the board of	4071
elections determines that the voter is properly registered and	4072
eligible to vote in the election.	4073

(C) If the person is challenged as unqualified on the ground	4074
that the person is not a resident of the precinct where the person	4075
offers to vote, the ~~judges~~precinct election officials shall put	4076
the following questions:	4077

(1) Do you reside in this precinct?

4078

(2) When did you move into this precinct?

4079

(3) When you came into this precinct, did you come for a	4080
temporary purpose merely or for the purpose of making it your	4081
home?	4082

(4) What is your current mailing address?

4083

(5) Do you have some official identification containing your	4084
current address in this precinct? Please provide that	4085
identification.	4086

(6) Have you voted or attempted to vote at any other location	4087
in this or in any other state at this election?	4088

(7) Have you applied for any absent voter's ballot in any	4089
state for this election?	4090

The ~~judges~~precinct election officials shall direct an	4091
individual who is not in the appropriate polling place to the	4092
appropriate polling place. If the individual refuses to go to the	4093
appropriate polling place, or if the ~~judges~~precinct election	4094
officials are unable to verify the person's eligibility to cast a	4095
ballot in the election, the ~~judges~~precinct election officials	4096
shall provide to the person, and the person may vote, a	4097
provisional ballot under section 3505.181 of the Revised Code. The	4098
provisional ballot shall not be counted unless it is properly	4099
completed and the board of elections determines that the voter is	4100
properly registered and eligible to vote in the election.	4101

(D) If the person is challenged as unqualified on the ground	4102
that the person is not of legal voting age, the ~~judges~~precinct	4103
election officials shall put the following questions:	4104

(1) Are you eighteen years of age or more?

4105

(2) What is your date of birth?

4106

(3) Do you have some official identification verifying your	4107
age? Please provide that identification.	4108

If the ~~judges~~precinct election officials are unable to	4109
verify the person's age and eligibility to cast a ballot in the	4110
election, the ~~judges~~precinct election officials shall provide to	4111
the person, and the person may vote, a provisional ballot under	4112
section 3505.181 of the Revised Code. The provisional ballot shall	4113
not be counted unless it is properly completed and the board of	4114
elections determines that the voter is properly registered and	4115
eligible to vote in the election.	4116

~~The presiding judge shall put such other questions to the~~	4117
~~person challenged as are necessary to determine the person's~~	4118
~~qualifications as an elector at the election.~~ If a person	4119
challenged refuses to answer fully any question put to the person,	4120
is unable to answer the questions as they were answered on the	4121
registration form by the person under whose name the person offers	4122
to vote, or refuses to sign the person's name or make the person's	4123
mark, or if for any other reason a majority of the ~~judges~~precinct	4124
election officials believes the person is not entitled to vote,	4125
the ~~judges~~precinct election officials shall provide to the	4126
person, and the person may vote, a provisional ballot under	4127
section 3505.181 of the Revised Code. The provisional ballot shall	4128
not be counted unless it is properly completed and the board of	4129
elections determines that the voter is properly registered and	4130
eligible to vote in the election.	4131

A qualified citizen who has certified the citizen's intention	4132
to vote for president and vice-president as provided by Chapter	4133
3504. of the Revised Code shall be eligible to receive only the	4134
ballot containing presidential and vice-presidential candidates.	4135

However, prior to the nineteenth day before the day of an	4136
election and in accordance with section 3503.24 of the Revised	4137
Code, any person qualified to vote may challenge the right of any	4138
other person to be registered as a voter, or the right to cast an	4139
absent voter's ballot, or to make application for such ballot.	4140
Such challenge shall be made in accordance with section 3503.24 of	4141
the Revised Code, and the board of elections of the county in	4142
which the voting residence of the challenged voter is situated	4143
shall make a final determination relative to the legality of such	4144
registration or application.	4145

Sec. 3505.21. At any primary, special, or general election,	4146
any political party supporting candidates to be voted upon at such	4147
election and any group of five or more candidates may appoint to	4148
the board of elections or to any of the precincts in the county or	4149
city one person, a qualified elector, who shall serve as observer	4150
for such party or such candidates during the casting and counting	4151
of the ballots; provided that separate observers may be appointed	4152
to serve during the casting and during the counting of the	4153
ballots. No candidate, no uniformed peace officer as defined by	4154
section 2935.01 of the Revised Code, no uniformed state highway	4155
patrol trooper, no uniformed member of any fire department, no	4156
uniformed member of the armed services, no uniformed member of the	4157
organized militia, no person wearing any other uniform, and no	4158
person carrying a firearm or other deadly weapon shall serve as an	4159
observer, nor shall any candidate be represented by more than one	4160
observer at any one precinct except that a candidate who is a	4161
member of a party controlling committee, as defined in section	4162
3517.03 of the Revised Code, may serve as an observer. Any	4163
political party or group of candidates appointing observers shall	4164
notify the board of elections of the names and addresses of its	4165
appointees and the precincts at which they shall serve.	4166
Notification shall take place not less than eleven days before the	4167
election on forms prescribed by the secretary of state and may be	4168
amended by filing an amendment with the board of elections at any	4169
time until four p.m. of the day before the election. The observer	4170
serving on behalf of a political party shall be appointed in	4171
writing by the chairperson and secretary of the respective	4172
controlling party committee. Observers serving for any five or	4173
more candidates shall have their certificates signed by those	4174
candidates. Observers appointed to a precinct may file their	4175
certificates of appointment with the ~~presiding judge~~voting	4176
location manager of the precinct at the meeting on the evening	4177
prior to the election, or with the ~~presiding judge~~voting location	4178
manager of the precinct on the day of the election. Upon the	4179
filing of a certificate, the person named as observer in the	4180
certificate shall be permitted to be in and about the polling	4181
place for the precinct during the casting of the ballots and shall	4182
be permitted to watch every proceeding of the ~~judges of elections~~	4183
precinct election officials from the time of the opening until the	4184
closing of the polls. The observer also may inspect the counting	4185
of all ballots in the polling place or board of elections from the	4186
time of the closing of the polls until the counting is completed	4187
and the final returns are certified and signed. Observers	4188
appointed to the board of elections under this section may observe	4189
at the board of elections and may observe at any precinct in the	4190
county. The ~~judges of elections~~precinct election officials shall	4191
protect such observers in all of the rights and privileges granted	4192
to them by Title XXXV of the Revised Code.	4193

No persons other than the ~~judges of elections~~precinct	4194
election officials, the observers, a police officer, other persons	4195
who are detailed to any precinct on request of the board of	4196
elections, or the secretary of state or the secretary of state's	4197
legal representative shall be admitted to the polling place, or	4198
any room in which a board of elections is counting ballots, after	4199
the closing of the polls until the counting, certifying, and	4200
signing of the final returns of each election have been completed.	4201

Not later than four p.m. of the twentieth day prior to an	4202
election at which questions are to be submitted to a vote of the	4203
people, any committee that in good faith advocates or opposes a	4204
measure may file a petition with the board of any county asking	4205
that the petitioners be recognized as the committee entitled to	4206
appoint observers to the count at the election. If more than one	4207
committee alleging themselves to advocate or oppose the same	4208
measure file such a petition, the board shall decide and announce	4209
by registered mail to each committee not less than twelve days	4210
immediately preceding the election which committee is recognized	4211
as being entitled to appoint observers. The decision shall not be	4212
final, but any aggrieved party may institute mandamus proceedings	4213
in the court of common pleas of the county in which the board has	4214
jurisdiction to compel the ~~judges of elections~~precinct election	4215
officials to accept the appointees of such aggrieved party. Any	4216
such recognized committee may appoint an observer to the count in	4217
each precinct. Committees appointing observers shall notify the	4218
board of elections of the names and addresses of its appointees	4219
and the precincts at which they shall serve. Notification shall	4220
take place not less than eleven days before the election on forms	4221
prescribed by the secretary of state and may be amended by filing	4222
an amendment with the board of elections at any time until four	4223
p.m. on the day before the election. A person so appointed shall	4224
file the person's certificate of appointment with the ~~presiding~~	4225
~~judge~~voting location manager in the precinct in which the person	4226
has been appointed to serve. Observers shall file their	4227
certificates before the polls are closed. In no case shall more	4228
than six observers be appointed for any one election in any one	4229
precinct. If more than three questions are to be voted on, the	4230
committees which have appointed observers may agree upon not to	4231
exceed six observers, and the ~~judges of elections~~precinct	4232
election officials shall appoint such observers. If such	4233
committees fail to agree, the ~~judges of elections~~precinct	4234
election officials shall appoint six observers from the appointees	4235
so certified, in such manner that each side of the several	4236
questions shall be represented.	4237

No person shall serve as an observer at any precinct unless	4238
the board of elections of the county in which such observer is to	4239
serve has first been notified of the name, address, and precinct	4240
at which such observer is to serve. Notification to the board of	4241
elections shall be given by the political party, group of	4242
candidates, or committee appointing such observer as prescribed in	4243
this section. No such observers shall receive any compensation	4244
from the county, municipal corporation, or township, and they	4245
shall take the following oath, to be administered by one of the	4246
~~judges of elections~~precinct election officials:	4247

"You do solemnly swear that you will faithfully and	4248
impartially discharge the duties as an official observer, assigned	4249
by law; that you will not cause any delay to persons offering to	4250
vote; and that you will not disclose or communicate to any person	4251
how any elector has voted at such election."	4252

Sec. 3505.23. No voter shall be allowed to occupy a voting	4253
compartment or use a voting machine for more than ~~five~~ten minutes	4254
when all the voting compartments or machines are in use and voters	4255
are waiting to occupy them. Except as otherwise provided by	4256
section 3505.24 of the Revised Code, no voter shall occupy a	4257
voting compartment or machine with another person or speak to	4258
anyone, nor shall anyone speak to the voter, while the voter is in	4259
a voting compartment or machine.	4260

In precincts that do not use voting machines the following	4261
procedure shall be followed:	4262

If a voter tears, soils, defaces, or erroneously marks a	4263
ballot the voter may return it to the precinct election officials	4264
and a second ballot shall be issued to the voter. Before returning	4265
a torn, soiled, defaced, or erroneously marked ballot, the voter	4266
shall fold it so as to conceal any marks the voter made upon it,	4267
but the voter shall not remove Stub A therefrom. If the voter	4268
tears, soils, defaces, or erroneously marks such second ballot,	4269
the voter may return it to the precinct election officials, and a	4270
third ballot shall be issued to the voter. In no case shall more	4271
than three ballots be issued to a voter. Upon receiving a returned	4272
torn, soiled, defaced, or erroneously marked ballot the precinct	4273
election officials shall detach Stub A therefrom, write "Defaced"	4274
on the back of such ballot, and place the stub and the ballot in	4275
the separate containers provided therefor.	4276

No elector shall leave the polling place until the elector	4277
returns to the precinct election officials every ballot issued to	4278
the elector with Stub A on each ballot attached thereto,	4279
regardless of whether the elector has or has not placed any marks	4280
upon the ballot.	4281

Before leaving the voting compartment, the voter shall fold	4282
each ballot marked by the voter so that no part of the face of the	4283
ballot is visible, and so that the printing thereon indicating the	4284
kind of ballot it is and the facsimile signatures of the members	4285
of the board of elections are visible. The voter shall then leave	4286
the voting compartment, deliver the voter's ballots, and state the	4287
voter's name to the ~~judge~~precinct election official having charge	4288
of the ballot ~~boxes~~box, who shall announce the name, detach Stub	4289
A from each ballot, and announce the number on the stubs. The	4290
~~judges~~precinct election officials in charge of the poll lists or	4291
poll books shall check to ascertain whether the number so	4292
announced is the number on Stub B of the ballots issued to such	4293
voter, and if no discrepancy appears to exist, the ~~judge~~precinct	4294
election official in charge of the ballot ~~boxes~~box shall, in the	4295
presence of the voter, deposit each such ballot in the ~~proper~~	4296
ballot box and shall place Stub A from each ballot in the	4297
container provided therefor. The voter shall then immediately	4298
leave the polling place.	4299

No ballot delivered by a voter to the ~~judge~~precinct election	4300
official in charge of the ballot ~~boxes~~box with Stub A detached	4301
therefrom, and only ballots provided in accordance with Title XXXV	4302
of the Revised Code, shall be voted or deposited in the ballot	4303
~~boxes~~box.	4304

In marking a presidential ballot, the voter shall record the	4305
vote in the manner provided on the ballot next to the names of the	4306
candidates for the offices of president and vice-president. Such	4307
ballot shall be considered and counted as a vote for each of the	4308
candidates for election as presidential elector whose names were	4309
certified to the secretary of state by the political party of such	4310
nominees for president and vice-president.	4311

In marking an office type ballot or nonpartisan ballot, the	4312
voter shall record the vote in the manner provided on the ballot	4313
next to the name of each candidate for whom the voter desires to	4314
vote.	4315

In marking a primary election ballot, the voter shall record	4316
the vote in the manner provided on the ballot next to the name of	4317
each candidate for whom the voter desires to vote. If the voter	4318
desires to vote for the nomination of a person whose name is not	4319
printed on the primary election ballot, the voter may do so by	4320
writing such person's name on the ballot in the proper place	4321
provided for such purpose.	4322

In marking a questions and issues ballot, the voter shall	4323
record the vote in the manner provided on the ballot at the left	4324
or at the right of "YES" or "NO" or other words of similar import	4325
which are printed on the ballot to enable the voter to indicate	4326
how the voter votes in connection with each question or issue upon	4327
which the voter desires to vote.	4328

In marking any ballot on which a blank space has been	4329
provided wherein an elector may write in the name of a person for	4330
whom the elector desires to vote, the elector shall write such	4331
person's name in such blank space and on no other place on the	4332
ballot. Unless specific provision is made by statute, no blank	4333
space shall be provided on a ballot for write-in votes, and any	4334
names written on a ballot other than in a blank space provided	4335
therefor shall not be counted or recorded.	4336

Sec. 3505.24. Any elector who declares to the ~~presiding~~	4337
~~judge of elections~~voting location manager that the elector is	4338
unable to mark the elector's ballot by reason of blindness,	4339
disability, or illiteracy may be accompanied in the voting booth	4340
and aided by any person of the elector's choice, other than the	4341
elector's employer, an agent of the elector's employer, or an	4342
officer or agent of the elector's union, if any. The elector also	4343
may request and receive assistance in the marking of the elector's	4344
ballot from two election officials of different political parties.	4345
Any person providing assistance in the marking of an elector's	4346
ballot under this section shall thereafter provide no information	4347
in regard to the marking of that ballot.	4348

Any ~~judge~~precinct election official may require a	4349
declaration of inability to be made by the elector under oath	4350
before the ~~judge~~official. Assistance shall not be rendered for	4351
causes other than those specified in this section, and no	4352
candidate whose name appears on the ballot shall assist any person	4353
in marking that person's ballot.	4354

Sec. 3505.26. At the time for closing the polls, the	4355
~~presiding judge~~voting location manager shall by proclamation	4356
announce that the polls are closed.	4357

The ~~judges~~precinct election officials shall then in the	4358
presence of observers proceed as follows:	4359

(A) Count the number of electors who voted, as shown on the	4360
pollbooks;	4361

(B) Count the unused ballots without removing stubs;

4362

4363

(D) Insert the totals of (A), (B), and (C) on the report	4364
forms provided therefor in the pollbook;	4365

(E) Count the voted ballots. If the number of voted ballots	4366
exceeds the number of voters whose names appear upon the	4367
pollbooks, the ~~presiding judge~~voting location manager shall enter	4368
on the pollbooks an explanation of that discrepancy, and that	4369
explanation, if agreed to, shall be subscribed to by all of the	4370
~~judges~~precinct election officials. Any ~~judge~~precinct official	4371
having a different explanation shall enter it in the pollbooks and	4372
subscribe to it.	4373

(F) Put the unused ballots with stubs attached, and soiled	4374
and defaced ballots with stubs attached, in the envelopes or	4375
containers provided therefor, certify the number, and then proceed	4376
to count and tally the votes in the manner prescribed by section	4377
3505.27 of the Revised Code and certify the result of the election	4378
to the board of elections.	4379

Sec. 3505.28. (A)(1) No ballot shall be counted which is	4380
marked contrary to law, except that no ballot shall be rejected	4381
for any technical error unless it is impossible to determine the	4382
voter's choice. If	4383

(2) A ballot is marked contrary to law and does not contain a	4384
technical error if the voter marks more selections for a	4385
particular office, question, or issue than the number of	4386
selections that the voter is allowed by law to make for that	4387
office, question, or issue.	4388

(3) Except as otherwise provided in this division, a voter	4389
makes more selections for a particular office than the voter is	4390
allowed by law to make for that office if the voter marks the	4391
ballot for a candidate and also writes in the name of that	4392
candidate as a write-in vote. If all of the following apply, then	4393
the ballot is not marked contrary to law and the ballot shall be	4394
counted:	4395

(a) The voter marks the ballot for a candidate and writes in	4396
the identical candidate's name;	4397

(b) The ballots are counted at a central location using	4398
automatic tabulating equipment; and	4399

(c) At least three members of the board of elections agree	4400
that the candidate's name, as it appears on the ballot, and the	4401
name of the candidate written in by the voter are identical.	4402

(4) If the voter makes more selections for a particular	4403
office, question, or issue than the number of selections that the	4404
voter is allowed by law to make, the voter's ballot shall be	4405
invalidated for that office, question, or issue, but shall not be	4406
invalidated for any other office, question, or issue for which the	4407
voter has not marked an excess number of selections.	4408

(B) If two or more ballots are found folded together among	4409
the ballots removed from a ballot box, they shall be deemed to be	4410
fraudulent. Such ballots shall not be counted. They shall be	4411
marked "Fraudulent" and shall be placed in an envelope indorsed	4412
"Not Counted" with the reasons therefor, and such envelope shall	4413
be delivered to the board of elections together with other	4414
uncounted ballots.	4415

(C) No ballot shall be rejected because of being marked with	4416
ink or by any writing instrument other than one of the pencils	4417
provided by the board of elections.	4418

Sec. 3505.29. From the time the ballot box is opened and the	4419
count of ballots begun until the ballots are counted and	4420
certificates of votes cast are made out, signed, certified and	4421
given to the ~~presiding judge~~voting location manager for delivery	4422
to the headquarters of the board of elections, the ~~judges~~precinct	4423
election officials in each precinct shall not separate, nor shall	4424
a ~~judge~~precinct election official leave the polling place except	4425
from unavoidable necessity. In cases of illness or unavoidable	4426
necessity, the board may substitute another qualified person for	4427
any precinct official so incapacitated.	4428

Sec. 3505.30. When the results of the ballots have been	4429
ascertained, such results shall be embodied in a summary statement	4430
to be prepared by the ~~judges~~precinct election officials in	4431
duplicate, on forms provided by the board of elections. One copy	4432
shall be certified by the ~~judges~~precinct election officials and	4433
posted on the front of the polling place, and one copy, similarly	4434
certified, shall be transmitted without delay to the board in a	4435
sealed envelope along with the other returns of the election. The	4436
board shall, immediately upon receipt of such summary statements,	4437
compile and prepare an unofficial count and upon its completion	4438
shall transmit prepaid, immediately by telephone, facsimile	4439
machine, or other telecommunications device, the results of such	4440
unofficial count to the secretary of state, or to the board of the	4441
most populous county of the district which is authorized to	4442
canvass the returns. Such count, in no event, shall be made later	4443
than twelve noon on the day following the election. ~~The board~~	4444
~~shall also, at the same time, certify the results thereof to the~~	4445
~~secretary of state by certified mail.~~ The board shall remain in	4446
session from the time of the opening of the polls, continuously,	4447
until the results of the election are received from every precinct	4448
in the county and such results are communicated to the secretary	4449
of state.	4450

Sec. 3505.31. When the results of the voting in a polling	4451
place on the day of an election have been determined and entered	4452
upon the proper forms and the certifications of those results have	4453
been signed by the precinct officials, those officials, before	4454
leaving the polling place, shall place all ballots that they have	4455
counted in containers provided for that purpose by the board of	4456
elections, and shall seal each container in a manner that it	4457
cannot be opened without breaking the seal or the material of	4458
which the container is made. They shall also seal the pollbook,	4459
poll list or signature pollbook, and tally sheet in a manner that	4460
the data contained in these items cannot be seen without breaking	4461
the seals. On the outside of these items shall be a plain	4462
indication that they are to be filed with the board. The ~~presiding~~	4463
~~judge~~voting location manager and an employee or appointee of the	4464
board of elections who has taken an oath to uphold the laws and	4465
constitution of this state, including an oath that the person will	4466
promptly and securely perform the duties required under this	4467
section and who is a member of a different political party than	4468
the ~~presiding judge~~voting location manager, shall then deliver to	4469
the board the containers of ballots and the sealed pollbook, poll	4470
list, and tally sheet, together with all other election reports,	4471
materials, and supplies required to be delivered to the board.	4472

The board shall carefully preserve all ballots prepared and	4473
provided by it for use in an election, whether used or unused, for	4474
sixty days after the day of the election, except that, if an	4475
election includes the nomination or election of candidates for any	4476
of the offices of president, vice-president, presidential elector,	4477
member of the senate of the congress of the United States, or	4478
member of the house of representatives of the congress of the	4479
United States, the board shall carefully preserve all ballots	4480
prepared and provided by it for use in that election, whether used	4481
or unused, for twenty-two months after the day of the election. If	4482
an election is held within that sixty-day period, the board shall	4483
have authority to transfer those ballots to other containers to	4484
preserve them until the sixty-day period has expired. After that	4485
sixty-day period, the ballots shall be disposed of by the board in	4486
a manner that the board orders, or where voting machines have been	4487
used the counters may be turned back to zero; provided that the	4488
secretary of state, within that sixty-day period, may order the	4489
board to preserve the ballots or any part of the ballots for a	4490
longer period of time, in which event the board shall preserve	4491
those ballots for that longer period of time.	4492

In counties where voting machines are used, if an election is	4493
to be held within the sixty days immediately following a primary,	4494
general, or special election or within any period of time within	4495
which the ballots have been ordered preserved by the secretary of	4496
state or a court of competent jurisdiction, the board, after	4497
giving notice to all interested parties and affording them an	4498
opportunity to have a representative present, shall open the	4499
compartments of the machines and, without unlocking the machines,	4500
shall recanvass the vote cast in them as if a recount were being	4501
held. The results shall be certified by the board, and this	4502
certification shall be filed in the board's office and retained	4503
for the remainder of the period for which ballots must be kept.	4504
After preparation of the certificate, the counters may be turned	4505
back to zero, and the machines may be used for the election.	4506

The board shall carefully preserve the pollbook, poll list or	4507
signature pollbook, and tally sheet delivered to it from each	4508
polling place until it has completed the official canvass of the	4509
election returns from all precincts in which electors were	4510
entitled to vote at an election, and has prepared and certified	4511
the abstracts of election returns, as required by law. The board	4512
shall not break, or permit anyone to break, the seals upon the	4513
pollbook, poll list or signature pollbook, and tally sheet, or	4514
make, or permit any one to make, any changes or notations in these	4515
items, while they are in its custody, except as provided by	4516
section 3505.32 of the Revised Code.	4517

Pollbooks and poll lists or signature pollbooks of a party	4518
primary election delivered to the board from polling places shall	4519
be carefully preserved by it for two years after the day of	4520
election in which they were used, and shall then be disposed of by	4521
the board in a manner that the board orders.	4522

Pollbooks, poll lists or signature pollbooks, tally sheets,	4523
summary statements, and other records and returns of an election	4524
delivered to it from polling places shall be carefully preserved	4525
by the board for two years after the day of the election in which	4526
they were used, and shall then be disposed of by the board in a	4527
manner that the board orders.	4528

Sec. 3506.021. (A) A board of elections may adopt the use of	4529
any electronic pollbook that has been certified for use in this	4530
state in accordance with section 3506.05 of the Revised Code,	4531
instead of using poll lists or signature pollbooks. A board of	4532
elections that opts to use electronic pollbooks shall notify the	4533
secretary of state of that decision.	4534

(B) The secretary of state shall provide each board of	4535
elections that adopts the use of electronic pollbooks under	4536
division (A) of this section with rules, instructions, directives,	4537
and advisories regarding the examination, testing, and use of	4538
electronic pollbooks, including rules regarding the sealing of the	4539
information in those pollbooks as required under section 3505.31	4540
of the Revised Code.	4541

(C) As used in this section, "electronic pollbook" has the	4542
same meaning as in section 3506.05 of the Revised Code.	4543

Sec. 3506.05. (A) As used in this section~~, except~~:

4544

(1) "Electronic pollbook" means an electronic list of	4545
registered voters for a particular precinct or polling location	4546
that may be transported to a polling location;	4547

(2) Except when used as part of the phrase "tabulating	4548
equipment" or "automatic tabulating equipment,":	4549

~~(1) "Equipment"~~"equipment" means a voting machine, marking	4550
device, automatic tabulating equipment, or software, or an	4551
electronic pollbook.	4552

~~(2)~~(3) "Vendor" means the person that owns, manufactures,	4553
distributes, or has the legal right to control the use of	4554
equipment, or the person's agent.	4555

(B) No voting machine, marking device, automatic tabulating	4556
equipment, or software for the purpose of casting or tabulating	4557
votes or for communications among systems involved in the	4558
tabulation, storage, or casting of votes, and no electronic	4559
pollbook, shall be purchased, leased, put in use, or continued to	4560
be used, except for experimental use as provided in division (B)	4561
of section 3506.04 of the Revised Code, unless it, a manual of	4562
procedures governing its use, and training materials, service, and	4563
other support arrangements have been certified by the secretary of	4564
state and unless the board of elections of each county where the	4565
equipment will be used has assured that a demonstration of the use	4566
of the equipment has been made available to all interested	4567
electors. The secretary of state shall appoint a board of voting	4568
machine examiners to examine and approve equipment and its related	4569
manuals and support arrangements. The board shall consist of four	4570
members, who shall be appointed as follows:	4571

(1) Two members appointed by the secretary of state.

4572

(2) One member appointed by either the speaker of the house	4573
of representatives or the minority leader of the house of	4574
representatives, whichever is a member of the opposite political	4575
party from the one to which the secretary of state belongs.	4576

(3) One member appointed by either the president of the	4577
senate or the minority leader of the senate, whichever is a member	4578
of the opposite political party from the one to which the	4579
secretary of state belongs.	4580

In all cases of a tie vote or a disagreement in the board, if	4581
no decision can be arrived at, the board shall submit the matter	4582
in controversy to the secretary of state, who shall summarily	4583
decide the question, and the secretary of state's decision shall	4584
be final. Each member of the board shall be a competent and	4585
experienced election officer or a person who is knowledgeable	4586
about the operation of voting equipment and shall serve during the	4587
secretary of state's term. Any vacancy on the board shall be	4588
filled in the same manner as the original appointment. The	4589
secretary of state shall provide staffing assistance to the board,	4590
at the board's request.	4591

For the member's service, each member of the board shall	4592
receive three hundred dollars per day for each combination of	4593
marking device, tabulating equipment, ~~and~~ voting machine, and	4594
electronic pollbook examined and reported, but in no event shall a	4595
member receive more than six hundred dollars to examine and report	4596
on any one marking device, item of tabulating equipment, or voting	4597
machine, or electronic pollbook. Each member of the board shall be	4598
reimbursed for expenses the member incurs during an examination or	4599
during the performance of any related duties that may be required	4600
by the secretary of state. Reimbursement of these expenses shall	4601
be made in accordance with, and shall not exceed, the rates	4602
provided for under section 126.31 of the Revised Code.	4603

Neither the secretary of state nor the board, nor any public	4604
officer who participates in the authorization, examination,	4605
testing, or purchase of equipment, shall have any pecuniary	4606
interest in the equipment or any affiliation with the vendor.	4607

(C)(1) A vendor who desires to have the secretary of state	4608
certify equipment shall first submit the equipment, all current	4609
related procedural manuals, and a current description of all	4610
related support arrangements to the board of voting machine	4611
examiners for examination, testing, and approval. The submission	4612
shall be accompanied by a fee of eighteen hundred dollars and a	4613
detailed explanation of the construction and method of operation	4614
of the equipment, a full statement of its advantages, and a list	4615
of the patents and copyrights used in operations essential to the	4616
processes of vote recording and tabulating, vote storage, system	4617
security, pollbook storage and security, and other crucial	4618
operations of the equipment as may be determined by the board. An	4619
additional fee, in an amount to be set by rules promulgated by the	4620
board, may be imposed to pay for the costs of alternative testing	4621
or testing by persons other than board members, record-keeping,	4622
and other extraordinary costs incurred in the examination process.	4623
Moneys not used shall be returned to the person or entity	4624
submitting the equipment for examination.	4625

(2) Fees collected by the secretary of state under this	4626
section shall be deposited into the state treasury to the credit	4627
of the board of voting machine examiners fund, which is hereby	4628
created. All moneys credited to this fund shall be used solely for	4629
the purpose of paying for the services and expenses of each member	4630
of the board or for other expenses incurred relating to the	4631
examination, testing, reporting, or certification of ~~voting~~	4632
~~machine devices~~equipment, the performance of any related duties	4633
as required by the secretary of state, or the reimbursement of any	4634
person submitting an examination fee as provided in this chapter.	4635

(D) Within sixty days after the submission of the equipment	4636
and payment of the fee, or as soon thereafter as is reasonably	4637
practicable, but in any event within not more than ninety days	4638
after the submission and payment, the board of voting machine	4639
examiners shall examine the equipment and file with the secretary	4640
of state a written report on the equipment with its	4641
recommendations and, if applicable, its determination or condition	4642
of approval regarding whether the equipment, manual, and other	4643
related materials or arrangements meet the criteria set forth in	4644
sections 3506.07 and 3506.10 of the Revised Code and can be safely	4645
used by the voters at elections under the conditions prescribed in	4646
Title XXXV of the Revised Code, or a written statement of reasons	4647
for which testing requires a longer period. The board may grant	4648
temporary approval for the purpose of allowing experimental use of	4649
equipment. If the board finds that the equipment meets ~~the~~any	4650
applicable criteria set forth in sections 3506.06, 3506.07, and	4651
3506.10 of the Revised Code, can be used safely and, if	4652
applicable, can be depended upon to record and count accurately	4653
and continuously the votes of electors, and has the capacity to be	4654
warranted, maintained, and serviced, it shall approve the	4655
equipment and recommend that the secretary of state certify the	4656
equipment. The secretary of state shall notify all boards of	4657
elections of any such certification. Equipment of the same model	4658
and make, if it ~~provides for recording of voter intent, system~~	4659
~~security, voter privacy, retention of vote, and communication of~~	4660
~~voting records~~operates in an identical manner, may then be	4661
adopted for use at elections.	4662

(E) The vendor shall notify the secretary of state, who shall	4663
then notify the board of voting machine examiners, of any	4664
enhancement and any significant adjustment to the hardware or	4665
software that could result in a patent or copyright change or that	4666
significantly alters the methods of recording voter intent, system	4667
security, voter privacy, retention of the vote, communication of	4668
~~voting~~ records, and connections between the system and other	4669
systems. The vendor shall provide the secretary of state with an	4670
updated operations manual for the equipment, and the secretary of	4671
state shall forward the manual to the board. Upon receiving such a	4672
notification and manual, the board may require the vendor to	4673
submit the equipment to an examination and test in order for the	4674
equipment to remain certified. The board or the secretary of state	4675
shall periodically examine, test, and inspect certified equipment	4676
to determine continued compliance with the requirements of this	4677
chapter and the initial certification. Any examination, test, or	4678
inspection conducted for the purpose of continuing certification	4679
of any equipment in which a significant problem has been uncovered	4680
or in which a record of continuing problems exists shall be	4681
performed pursuant to divisions (C) and (D) of this section, in	4682
the same manner as the examination, test, or inspection is	4683
performed for initial approval and certification.	4684

(F) If, at any time after the certification of equipment, the	4685
board of voting machine examiners or the secretary of state is	4686
notified by a board of elections of any significant problem with	4687
the equipment or determines that the equipment fails to meet the	4688
requirements necessary for approval or continued compliance with	4689
the requirements of this chapter, or if the board of voting	4690
machine examiners determines that there are significant	4691
enhancements or adjustments to the hardware or software, or if	4692
notice of such enhancements or adjustments has not been given as	4693
required by division (E) of this section, the secretary of state	4694
shall notify the users and vendors of that equipment that	4695
certification of the equipment may be withdrawn.	4696

(G)(1) The notice given by the secretary of state under	4697
division (F) of this section shall be in writing and shall specify	4698
both of the following:	4699

(a) The reasons why the certification may be withdrawn;

4700

(b) The date on which certification will be withdrawn unless	4701
the vendor takes satisfactory corrective measures or explains why	4702
there are no problems with the equipment or why the enhancements	4703
or adjustments to the equipment are not significant.	4704

(2) A vendor who receives a notice under division (F) of this	4705
section shall, within thirty days after receiving it, submit to	4706
the board of voting machine examiners in writing a description of	4707
the corrective measures taken and the date on which they were	4708
taken, or the explanation required under division (G)(1)(b) of	4709
this section.	4710

(3) Not later than fifteen days after receiving a written	4711
description or explanation under division (G)(2) of this section	4712
from a vendor, the board shall determine whether the corrective	4713
measures taken or the explanation is satisfactory to allow	4714
continued certification of the equipment, and the secretary of	4715
state shall send the vendor a written notice of the board's	4716
determination, specifying the reasons for it. If the board has	4717
determined that the measures taken or the explanation given is	4718
unsatisfactory, the notice shall include the effective date of	4719
withdrawal of the certification. This date may be different from	4720
the date originally specified in division (G)(1)(b) of this	4721
section.	4722

(4) A vendor who receives a notice under division (G)(3) of	4723
this section indicating a decision to withdraw certification may,	4724
within thirty days after receiving it, request in writing that the	4725
board hold a hearing to reconsider its decision. Any interested	4726
party shall be given the opportunity to submit testimony or	4727
documentation in support of or in opposition to the board's	4728
recommendation to withdraw certification. Failure of the vendor to	4729
take appropriate steps as described in division (G)(1)(b) or to	4730
comply with division (G)(2) of this section results in a waiver of	4731
the vendor's rights under division (G)(4) of this section.	4732

(H)(1) The secretary of state, in consultation with the board	4733
of voting machine examiners, shall establish, by rule, guidelines	4734
for the approval, certification, and continued certification of	4735
the voting machines, marking devices, ~~and~~ tabulating equipment,	4736
and electronic pollbooks to be used under Title XXXV of the	4737
Revised Code. The guidelines shall establish procedures requiring	4738
vendors or computer software developers to place in escrow with an	4739
independent escrow agent approved by the secretary of state a copy	4740
of all source code and related documentation, together with	4741
periodic updates as they become known or available. The secretary	4742
of state shall require that the documentation include a system	4743
configuration and that the source code include all relevant	4744
program statements in low- or high-level languages. As used in	4745
this division, "source code" does not include variable codes	4746
created for specific elections.	4747

(2) Nothing in any rule adopted under division (H) of this	4748
section shall be construed to limit the ability of the secretary	4749
of state to follow or adopt, or to preclude the secretary of state	4750
from following or adopting, any guidelines proposed by the federal	4751
election commission, any entity authorized by the federal election	4752
commission to propose guidelines, the election assistance	4753
commission, or any entity authorized by the election assistance	4754
commission to propose guidelines.	4755

(3)(a) Before the initial certification of any direct	4756
recording electronic voting machine with a voter verified paper	4757
audit trail, and as a condition for the continued certification	4758
and use of those machines, the secretary of state shall establish,	4759
by rule, standards for the certification of those machines. Those	4760
standards shall include, but are not limited to, all of the	4761
following:	4762

(i) A definition of a voter verified paper audit trail as a	4763
paper record of the voter's choices that is verified by the voter	4764
prior to the casting of the voter's ballot and that is securely	4765
retained by the board of elections;	4766

(ii) Requirements that the voter verified paper audit trail	4767
shall not be retained by any voter and shall not contain	4768
individual voter information;	4769

(iii) A prohibition against the production by any direct	4770
recording electronic voting machine of anything that legally could	4771
be removed by the voter from the polling place, such as a receipt	4772
or voter confirmation;	4773

(iv) A requirement that paper used in producing a voter	4774
verified paper audit trail be sturdy, clean, and resistant to	4775
degradation;	4776

(v) A requirement that the voter verified paper audit trail	4777
shall be capable of being optically scanned for the purpose of	4778
conducting a recount or other audit of the voting machine and	4779
shall be readable in a manner that makes the voter's ballot	4780
choices obvious to the voter without the use of computer or	4781
electronic codes;	4782

(vi) A requirement, for office-type ballots, that the voter	4783
verified paper audit trail include the name of each candidate	4784
selected by the voter;	4785

(vii) A requirement, for questions and issues ballots, that	4786
the voter verified paper audit trail include the title of the	4787
question or issue, the name of the entity that placed the question	4788
or issue on the ballot, and the voter's ballot selection on that	4789
question or issue, but not the entire text of the question or	4790
issue.	4791

(b) The secretary of state, by rule adopted under Chapter	4792
119. of the Revised Code, may waive the requirement under division	4793
(H)(3)(a)(v) of this section, if the secretary of state determines	4794
that the requirement is cost prohibitive.	4795

(4)(a) Except as otherwise provided in division (H)(4)(c) of	4796
this section, any voting machine, marking device, or automatic	4797
tabulating equipment initially certified or acquired on or after	4798
December 1, 2008, shall have the most recent federal certification	4799
number issued by the election assistance commission.	4800

(b) Any voting machine, marking device, or automatic	4801
tabulating equipment certified for use in this state on ~~the~~	4802
~~effective date of this amendment~~September 12, 2008, shall meet,	4803
as a condition of continued certification and use, the voting	4804
system standards adopted by the federal election commission in	4805
2002.	4806

(c) A county that acquires additional voting machines,	4807
marking devices, or automatic tabulating equipment on or after	4808
December 1, 2008, shall not be considered to have acquired those	4809
machines, devices, or equipment on or after December 1, 2008, for	4810
the purpose of division (H)(4)(a) of this section if all of the	4811
following apply:	4812

(i) The voting machines, marking devices, or automatic	4813
tabulating equipment acquired are the same as the machines,	4814
devices, or equipment currently used in that county.	4815

(ii) The acquisition of the voting machines, marking devices,	4816
or automatic tabulating equipment does not replace or change the	4817
primary voting system used in that county.	4818

(iii) The acquisition of the voting machines, marking	4819
devices, or automatic tabulating equipment is for the purpose of	4820
replacing inoperable machines, devices, or equipment or for the	4821
purpose providing additional machines, devices, or equipment	4822
required to meet the allocation requirements established pursuant	4823
to division (I) of section 3501.11 of the Revised Code.	4824

Sec. 3506.12. In counties where marking devices, automatic	4825
tabulating equipment, voting machines, or any combination of these	4826
are in use or are to be used, the board of elections:	4827

(A) May combine, rearrange, and enlarge precincts; but the	4828
board shall arrange for a sufficient number of these devices to	4829
accommodate the number of electors in each precinct as determined	4830
by the number of votes cast in that precinct at the most recent	4831
election for the office of governor, taking into consideration the	4832
size and location of each selected polling place, available	4833
parking, handicap accessibility and other accessibility to the	4834
polling place, and the number of candidates and issues to be voted	4835
on. Notwithstanding section 3501.22 of the Revised Code, the board	4836
may appoint more than four precinct officers to each precinct if	4837
this is made necessary by the number of voting machines to be used	4838
in that precinct.	4839

(B) Except as otherwise provided in this division, shall	4840
establish one or more counting stations to receive voted ballots	4841
and other precinct election supplies after the polling precincts	4842
are closed. Those stations shall be under the supervision and	4843
direction of the board of elections. Processing and counting of	4844
voted ballots, and the preparation of summary sheets, shall be	4845
done in the presence of observers approved by the board. A	4846
certified copy of the summary sheet for the precinct shall be	4847
posted at each counting station immediately after completion of	4848
the summary sheet.	4849

~~In counties where punch card ballots are used, one or more~~	4850
~~counting stations, located at the board of elections, shall be~~	4851
~~established, at which location all punch card ballots shall be~~	4852
~~counted.~~	4853

~~As used in this division, "punch card ballot" has the same~~	4854
~~meaning as in section 3506.16 of the Revised Code.~~	4855

Sec. 3506.15. The secretary of state shall provide each	4856
board of elections with rules, instructions, directives, and	4857
advisories regarding the examination, testing, and use of the	4858
voting machine and tabulating equipment, the assignment of duties	4859
of booth officials, the procedure for casting a vote on the	4860
machine, and how the vote shall be tallied and reported to the	4861
board, and with other rules, instructions, directives, and	4862
advisories the secretary of state finds necessary to ensure the	4863
adequate care and custody of voting equipment, and the accurate	4864
registering, counting, and canvassing of the votes as required by	4865
this chapter. The boards of elections shall be charged with the	4866
responsibility of providing for the adequate instruction of voters	4867
and election officials in the proper use of the voting machine and	4868
marking devices. ~~The boards' instructions shall include, in~~	4869
~~counties where punch card ballots are used, instructions that each~~	4870
~~voter shall examine the voter's marked ballot card and remove any~~	4871
~~chads that remain partially attached to it before returning it to~~	4872
~~election officials.~~	4873

The secretary of state's rules, instructions, directives, and	4874
advisories provided under this section shall comply, insofar as	4875
practicable, with this chapter. The provisions of Title XXXV of	4876
the Revised Code, not inconsistent with the provisions relating to	4877
voting machines, apply in any county using a voting machine.	4878

~~As used in this section, "chad" and "punch card ballot" have~~	4879
~~the same meanings as in section 3506.16 of the Revised Code.~~	4880

Sec. 3509.01. (A) The board of elections of each county shall	4881
provide absent voter's ballots for use at every primary and	4882
general election, or special election to be held on the day	4883
specified by division (E) of section 3501.01 of the Revised Code	4884
for the holding of a primary election, designated by the general	4885
assembly for the purpose of submitting constitutional amendments	4886
proposed by the general assembly to the voters of the state. Those	4887
ballots shall be the same size, shall be printed on the same kind	4888
of paper, and shall be in the same form as has been approved for	4889
use at the election for which those ballots are to be voted;	4890
except that, in counties using marking devices, ballot cards may	4891
be used for absent voter's ballots, and those absent voters shall	4892
be instructed to record the vote in the manner provided on the	4893
ballot cards. ~~In counties where punch card ballots are used, those~~	4894
~~absent voters shall be instructed to examine their marked ballot~~	4895
~~cards and to remove any chads that remain partially attached to~~	4896
~~them before returning them to election officials.~~	4897

(B) The rotation of names of candidates and questions and	4898
issues shall be substantially complied with on absent voter's	4899
ballots, within the limitation of time allotted. Those ballots	4900
shall be designated as "Absent Voter's Ballots." Except as	4901
otherwise provided in division (D) of this section, those ballots	4902
shall be printed and ready for use as follows:	4903

(1) For overseas voters and absent uniformed services voters	4904
eligible to vote under the Uniformed and Overseas Citizens	4905
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	4906
1973ff, et seq., as amended, ballots shall be printed and ready	4907
for use on the forty-fifth day before the day of the election.	4908

(2) For all ~~other~~ voters, other than overseas voters and	4909
absent uniformed services voters, who are applying to vote absent	4910
voter's ballots other than in person, ballots shall be printed and	4911
ready for use on the ~~thirty-fifth~~twenty-first day before the day	4912
of the election.	4913

(3) For all voters who are applying to vote absent voter's	4914
ballots in person, ballots shall be printed and ready for use	4915
beginning on the sixteenth day before the day of the election and	4916
shall continue to be available for use through six p.m. on the	4917
last Friday before the day of the election, except that ballots	4918
shall not be available for use on Sunday. On the days in which	4919
absent voter's ballots are available for use in person, those	4920
ballots shall be available from eight a.m. through six p.m. Monday	4921
through Friday, and from eight a.m. through twelve p.m. on	4922
Saturday.	4923

(C) Absent voter's ballots provided for use at a general or	4924
primary election, or special election to be held on the day	4925
specified by division (E) of section 3501.01 of the Revised Code	4926
for the holding of a primary election, designated by the general	4927
assembly for the purpose of submitting constitutional amendments	4928
proposed by the general assembly to the voters of the state, shall	4929
include only those questions, issues, and candidacies that have	4930
been lawfully ordered submitted to the electors voting at that	4931
election.	4932

(D) If the laws governing the holding of a special election	4933
on a day other than the day on which a primary or general election	4934
is held make it impossible for absent voter's ballots to be	4935
printed and ready for use by the deadlines established in division	4936
(B) of this section, absent voter's ballots for those special	4937
elections shall be ready for use as many days before the day of	4938
the election as reasonably possible under the laws governing the	4939
holding of that special election.	4940

(E) A copy of the absent voter's ballots shall be forwarded	4941
by the director of the board in each county to the secretary of	4942
state at least twenty-five days before the election.	4943

~~(F) As used in this section, "chad" and "punch card ballot"~~	4944
~~have the same meanings as in section 3506.16 of the Revised Code.~~	4945

Sec. 3509.03. Except as provided in section 3509.031 or	4946
division (B) of section 3509.08 of the Revised Code, any qualified	4947
elector desiring to vote absent voter's ballots at an election	4948
shall make written application for those ballots to the ~~director~~	4949
board of elections of the county in which the elector's voting	4950
residence is located. The application need not be in any	4951
particular form but shall contain all of the following:	4952

(A) The elector's name;

4953

(B) The elector's signature;

4954

4955

(D) The elector's date of birth;

4956

(E) One of the following:

4957

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

4958

(2) The ~~last four digits of the~~ elector's social security	4959
number;	4960

(3) A copy of the elector's current and valid photo	4961
identification, a copy of a military identification, a copy of a	4962
United States passport, or a copy of a current utility bill, bank	4963
statement, government check, paycheck, or other government	4964
document, other than ~~a notice of an election mailed by a board of~~	4965
~~elections under section 3501.19 of the Revised Code or~~ a notice of	4966
voter registration mailed by a board of elections under section	4967
3503.19 of the Revised Code, that shows the name and address of	4968
the elector.	4969

(F) A statement identifying the election for which absent	4970
voter's ballots are requested;	4971

(G) A statement that the person requesting the ballots is a	4972
qualified elector;	4973

(H) If the request is for primary election ballots, the	4974
elector's party affiliation;	4975

(I) If the elector desires ballots to be mailed to the	4976
elector, the address to which those ballots shall be mailed.	4977

Each application for absent voter's ballots shall be	4978
delivered to the ~~director~~board not earlier than the first day of	4979
January of the year of the elections for which the absent voter's	4980
ballots are requested or not earlier than ninety days before the	4981
day of the election at which the ballots are to be voted,	4982
whichever is earlier, and not later than twelve noon of the third	4983
day before the day of the election at which the ballots are to be	4984
voted, or not later than the close of regular business hours on	4985
the day before the day of the election at which the ballots are to	4986
be voted if the application is delivered in person to the office	4987
of the board.	4988

A board of elections shall not mail any unsolicited	4989
applications for absent voter's ballots. A board shall only mail	4990
an absent voter's ballot application to an elector who has	4991
requested such an application from the board. A board of elections	4992
that mails an absent voter's ballot application to an elector	4993
under this section shall not prepay the return postage for that	4994
application.	4995

Sec. 3509.031. (A) Any qualified elector who is a member of	4996
the organized militia called to active duty within the state and	4997
who will be unable to vote on election day on account of that	4998
active duty may make written application for absent voter's	4999
ballots to the ~~director~~board of elections for the county in which	5000
the elector's voting residence is located. The elector may	5001
personally deliver the application to the ~~director~~office of the	5002
board or may mail it, send it by facsimile machine, or otherwise	5003
send it to the ~~director~~board. The application need not be in any	5004
particular form but shall contain all of the following:	5005

(1) The elector's name;

5006

(2) The elector's signature;

5007

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

5008

(4) The elector's date of birth;

5009

(5) One of the following:

5010

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

5011

(b) The ~~last four digits of the~~ elector's social security	5012
number;	5013

(c) A copy of the elector's current and valid photo	5014
identification, a copy of a military identification, a copy of a	5015
United States passport, or a copy of a current utility bill, bank	5016
statement, government check, paycheck, or other government	5017
document, other than ~~a notice of an election mailed by a board of~~	5018
~~elections under section 3501.19 of the Revised Code or~~ a notice of	5019
voter registration mailed by a board of elections under section	5020
3503.19 of the Revised Code, that shows the name and address of	5021
the elector.	5022

(6) A statement identifying the election for which absent	5023
voter's ballots are requested;	5024

(7) A statement that the person requesting the ballots is a	5025
qualified elector;	5026

(8) A statement that the elector is a member of the organized	5027
militia serving on active duty within the state;	5028

(9) If the request is for primary election ballots, the	5029
elector's party affiliation;	5030

(10) If the elector desires ballots to be mailed to the	5031
elector, the address to which those ballots shall be mailed;	5032

(11) If the elector desires ballots to be sent to the elector	5033
by facsimile machine, the telephone number to which they shall be	5034
so sent.	5035

(B) Application to have absent voter's ballots mailed or sent	5036
by facsimile machine to a qualified elector who is a member of the	5037
organized militia called to active duty within the state and who	5038
will be unable to vote on election day on account of that active	5039
duty may be made by the spouse of the militia member or the	5040
father, mother, father-in-law, mother-in-law, grandfather,	5041
grandmother, brother or sister of the whole blood or half blood,	5042
son, daughter, adopting parent, adopted child, stepparent,	5043
stepchild, uncle, aunt, nephew, or niece of the militia member.	5044
The application shall be in writing upon a blank form furnished	5045
only by the ~~director~~board of elections. The form of the	5046
application shall be prescribed by the secretary of state. The	5047
~~director~~board shall furnish that blank form to any of the	5048
relatives specified in this division desiring to make the	5049
application, only upon the request of such a relative in person at	5050
the office of the board or upon the written request of such a	5051
relative mailed to the office of the board. The application,	5052
subscribed and sworn to by the applicant, shall contain all of the	5053
following:	5054

(1) The full name of the elector for whom ballots are	5055
requested;	5056

(2) A statement that such person is a qualified elector in	5057
the county;	5058

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

5059

(4) The elector's date of birth;

5060

(5) One of the following:

5061

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

5062

(b) The ~~last four digits of the~~ elector's social security	5063
number;	5064

(c) A copy of the elector's current and valid photo	5065
identification, a copy of a military identification, a copy of a	5066
United States passport, or a copy of a current utility bill, bank	5067
statement, government check, paycheck, or other government	5068
document, other than ~~a notice of an election mailed by a board of~~	5069
~~elections under section 3501.19 of the Revised Code or~~ a notice of	5070
voter registration mailed by a board of elections under section	5071
3503.19 of the Revised Code, that shows the name and address of	5072
the elector.	5073

(6) A statement identifying the election for which absent	5074
voter's ballots are requested;	5075

(7) A statement that the elector is a member of the organized	5076
militia serving on active duty within the state;	5077

(8) If the request is for primary election ballots, the	5078
elector's party affiliation;	5079

(9) A statement that the applicant bears a relationship to	5080
the elector as specified in division (B) of this section;	5081

(10) The address to which ballots shall be mailed or	5082
telephone number to which ballots shall be sent by facsimile	5083
machine;	5084

(11) The signature and address of the person making the	5085
application.	5086

(C) Applications to have absent voter's ballots mailed or	5087
sent by facsimile machine shall not be valid if dated, postmarked,	5088
or received by the ~~director~~board prior to the ninetieth day	5089
before the day of the election for which ballots are requested or	5090
if delivered to the ~~director~~board later than twelve noon of the	5091
third day preceding the day of such election. If, after the	5092
ninetieth day and before four p.m. of the day before the day of an	5093
election, a valid application for absent voter's ballots is	5094
delivered to the ~~director of elections at the~~ office of the board	5095
by a militia member making application in the militia member's own	5096
behalf, the ~~director~~board shall forthwith deliver to the militia	5097
member all absent voter's ballots then ready for use, together	5098
with an identification envelope. The militia member shall then	5099
vote the absent voter's ballots in the manner provided in section	5100
3509.05 of the Revised Code.	5101

(D) A board of elections shall not mail any unsolicited	5102
applications for absent voter's ballots. A board shall only mail	5103
an absent voter's ballot application to an elector who has	5104
requested such an application from the board. A board of elections	5105
that mails an absent voter's ballot application to an elector	5106
under this section shall not prepay the return postage for that	5107
application.	5108

Sec. 3509.04. (A) If ~~a director of~~ a board of elections	5109
receives an application for absent voter's ballots that does not	5110
contain all of the required information, the ~~director~~board	5111
promptly shall notify the applicant of the additional information	5112
required to be provided by the applicant to complete that	5113
application.	5114

(B) Upon receipt by ~~the director~~a board of elections of an	5115
application for absent voter's ballots that contains all of the	5116
required information, as provided by sections 3509.03 and 3509.031	5117
and division (G) of section 3503.16 of the Revised Code, the	5118
~~director~~board, if the ~~director~~board finds that the applicant is	5119
a qualified elector, shall deliver to the applicant in person or	5120
mail directly to the applicant by special delivery mail, air mail,	5121
or regular mail, postage prepaid, proper absent voter's ballots.	5122
The ~~director~~board shall deliver or mail with the ballots an	5123
unsealed identification envelope upon the face of which shall be	5124
printed a form substantially as follows:	5125

"Identification Envelope Statement of Voter	5126

I, ........................(Name of voter), declare under	5127
penalty of election falsification that the within ballot or	5128
ballots contained no voting marks of any kind when I received	5129
them, and I caused the ballot or ballots to be marked, enclosed in	5130
the identification envelope, and sealed in that envelope.	5131

My voting residence in Ohio is

5132

...................................................................	5133

(Street and Number, if any, or Rural Route and Number)	5134

of ................................ (City, Village, or Township)	5135
Ohio, which is in Ward ............... Precinct ................	5136
in that city, village, or township.	5137

The primary election ballots, if any, within this envelope	5138
are primary election ballots of the ............. Party.	5139

Ballots contained within this envelope are to be voted at the	5140
.......... (general, special, or primary) election to be held on	5141
the .......................... day of ......................, ....	5142

My date of birth is ............... (Month and Day),	5143
.......... (Year).	5144

(Voter must provide one of the following:)

5145

My driver's license number is ............... (Driver's	5146
license number).	5147

~~The last four digits of my~~My Social Security Number ~~are~~is	5148
............... (~~Last four digits of~~ Social Security Number).	5149

...... In lieu of providing a driver's license number or ~~the~~	5150
~~last four digits of~~ my Social Security Number, I am enclosing a	5151
copy of one of the following in the return envelope in which this	5152
identification envelope will be mailed: a current and valid photo	5153
identification, a military identification, a United States	5154
passport, or a current utility bill, bank statement, government	5155
check, paycheck, or other government document, other than ~~a notice~~	5156
~~of an election mailed by a board of elections under section~~	5157
~~3501.19 of the Revised Code or~~ a notice of voter registration	5158
mailed by a board of elections, that shows my name and address.	5159

I hereby declare, under penalty of election falsification,	5160
that the statements above are true, as I verily believe.	5161

			5162
	(Signature of Voter)		5163

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	5164
THE FIFTH DEGREE."	5165

The ~~director~~board of elections shall mail with the ballots	5166
and the unsealed identification envelope an unsealed return	5167
envelope upon the face of which shall be printed the official	5168
title and post-office address of the ~~director~~board. In the upper	5169
left corner on the face of the return envelope, several blank	5170
lines shall be printed upon which the voter may write the voter's	5171
name and return address. The return envelope shall be of such size	5172
that the identification envelope can be conveniently placed within	5173
it for returning the identification envelope to the ~~director~~	5174
board.	5175

Sec. 3509.05. (A) When an elector receives an absent voter's	5176
ballot pursuant to the elector's application or request, the	5177
elector shall, before placing any marks on the ballot, note	5178
whether there are any voting marks on it. If there are any voting	5179
marks, the ballot shall be returned immediately to the board of	5180
elections; otherwise, the elector shall cause the ballot to be	5181
marked, folded in a manner that the stub on it and the	5182
indorsements and facsimile signatures of the members of the board	5183
of elections on ~~the back of~~ it are visible, and placed and sealed	5184
within the identification envelope received from the ~~director~~	5185
board of elections for that purpose. Then, the elector shall cause	5186
the statement of voter on the outside of the identification	5187
envelope to be completed and signed, under penalty of election	5188
falsification.	5189

If the elector does not provide the elector's driver's	5190
license number or ~~the last four digits of~~ the elector's social	5191
security number on the statement of voter on the identification	5192
envelope, the elector also shall include in the return envelope	5193
with the identification envelope a copy of the elector's current	5194
valid photo identification, a copy of a military identification, a	5195
copy of a United States passport, or a copy of a current utility	5196
bill, bank statement, government check, paycheck, or other	5197
government document, other than ~~a notice of an election mailed by~~	5198
~~a board of elections under section 3501.19 of the Revised Code or~~	5199
a notice of voter registration mailed by a board of elections	5200
under section 3503.19 of the Revised Code, that shows the name and	5201
address of the elector.	5202

The elector shall mail the identification envelope to the	5203
~~director~~board of elections from ~~whom~~which it was received in the	5204
return envelope, postage prepaid, or the elector may personally	5205
deliver it to the ~~director~~office of the board, or the spouse of	5206
the elector, the father, mother, father-in-law, mother-in-law,	5207
grandfather, grandmother, brother, or sister of the whole or half	5208
blood, or the son, daughter, adopting parent, adopted child,	5209
stepparent, stepchild, uncle, aunt, nephew, or niece of the	5210
elector may deliver it to the ~~director~~board. The return envelope	5211
shall be transmitted to the ~~director~~board in no other manner,	5212
except as provided in section 3509.08 of the Revised Code.	5213

When absent voter's ballots are delivered to an elector at	5214
the office of the board, the elector may retire to a voting	5215
compartment provided by the board and there mark the ballots.	5216
Thereupon, the elector shall fold them, place them in the	5217
identification envelope provided, seal the envelope, fill in and	5218
sign the statement on the envelope under penalty of election	5219
falsification, and deliver the envelope to the ~~director of the~~	5220
board.	5221

Except as otherwise provided in division (B) of this section,	5222
all other envelopes containing marked absent voter's ballots shall	5223
be delivered to the ~~director~~board not later than the close of the	5224
polls on the day of an election. Absent voter's ballots delivered	5225
to the ~~director~~board later than the times specified shall not be	5226
counted, but shall be kept by the board in the sealed	5227
identification envelopes in which they are delivered to the	5228
~~director~~board, until the time provided by section 3505.31 of the	5229
Revised Code for the destruction of all other ballots used at the	5230
election for which ballots were provided, at which time they shall	5231
be destroyed.	5232

(B)(1) Except as otherwise provided in division (B)(2) of	5233
this section, any return envelope that is postmarked prior to the	5234
day of the election shall be delivered to the ~~director~~board prior	5235
to the eleventh day after the election. Ballots delivered in	5236
envelopes postmarked prior to the day of the election that are	5237
received after the close of the polls on election day through the	5238
tenth day thereafter shall be counted on the eleventh day at the	5239
board of elections in the manner provided in divisions (C) and (D)	5240
of section 3509.06 of the Revised Code. Any such ballots that are	5241
received by the ~~director~~board later than the tenth day following	5242
the election shall not be counted, but shall be kept by the board	5243
in the sealed identification envelopes as provided in division (A)	5244
of this section.	5245

(2) Division (B)(1) of this section shall not apply to any	5246
mail that is postmarked using a postage evidencing system,	5247
including a postage meter, as defined in 39 C.F.R. 501.1.	5248

(C) Upon receipt of any return envelope prior to the eleventh	5249
day after the day of any election, the board of elections shall	5250
open it but shall not open the identification envelope contained	5251
in it. If, upon so opening the return envelope, the board finds	5252
ballots in it that are not enclosed in and properly sealed in the	5253
identification envelope, the board shall not look at the markings	5254
upon the ballots and shall promptly place them in the	5255
identification envelope and promptly seal it. If, upon so opening	5256
the return envelope, the board finds that ballots are enclosed in	5257
the identification envelope but that it is not properly sealed,	5258
the board shall not look at the markings upon the ballots and	5259
shall promptly seal the identification envelope.	5260

Sec. 3509.051. Notwithstanding section 3509.05 or any other	5261
provision of the Revised Code to the contrary, all of the	5262
following shall apply to the casting of absent voter's ballots in	5263
person:	5264

(A) The absent voter shall provide identification to the	5265
election officials in the same manner as a voter who casts a	5266
ballot in person on the day of an election is required to provide	5267
identification under section 3505.18 of the Revised Code.	5268

(B) The absent voter shall not be required to complete a	5269
statement of voter on an absent voter's ballot identification	5270
envelope.	5271

(C) The board of elections shall provide a signature book to	5272
be signed by absent voters who are casting their ballots in	5273
person.	5274

(D) If a board of elections employs more than one location	5275
for casting absent voter's ballots in person before an election	5276
under division (C) of section 3501.10 of the Revised Code, an	5277
electronic pollbook that provides real time access to voting	5278
records shall be used in each such location.	5279

(E) No person other than a precinct election official shall	5280
be permitted to challenge the right to vote of an absent voter who	5281
is casting a ballot in person. A precinct election official may	5282
challenge the right to vote of an absent voter who is casting a	5283
ballot in person in the same manner as a precinct election	5284
official may challenge the right to vote of an elector on the day	5285
of an election under section 3505.20 or 3513.19 of the Revised	5286
Code.	5287

(F) No absent voter may receive a replacement ballot after	5288
the voter's absent voter's ballot has been scanned or entered into	5289
automatic tabulating equipment.	5290

Sec. 3509.06. (A) The board of elections shall determine	5291
whether absent voter's ballots shall be counted in each precinct,	5292
at the office of the board, or at some other location designated	5293
by the board, and shall proceed accordingly under division (B) or	5294
(C) of this section.	5295

(B) When the board of elections determines that absent	5296
voter's ballots shall be counted in each precinct, the ~~director~~	5297
board shall deliver to the ~~presiding judge~~voting location manager	5298
of each precinct on election day identification envelopes	5299
purporting to contain absent voter's ballots of electors whose	5300
voting residence appears from the statement of voter on the	5301
outside of each of those envelopes, to be located in ~~such~~	5302
~~presiding judge's~~that manager's precinct, and which were	5303
received by the ~~director~~board not later than the close of the	5304
polls on election day. The ~~director~~board shall deliver to ~~such~~	5305
~~presiding judge~~the voting location manager a list containing the	5306
name and voting residence of each person whose voting residence is	5307
in such precinct to whom absent voter's ballots were mailed.	5308

(C) When the board of elections determines that absent	5309
voter's ballots shall be counted at the office of the board of	5310
elections or at another location designated by the board, special	5311
election ~~judges~~officials shall be appointed by the board for that	5312
purpose having the same authority as is exercised by precinct	5313
~~judges~~election officials. The votes so cast shall be added to the	5314
vote totals ~~by the board~~for the precincts in which the applicable	5315
absent voters reside, and the absent voter's ballots shall be	5316
preserved separately by the board, in the same manner and for the	5317
same length of time as provided by section 3505.31 of the Revised	5318
Code.	5319

(D) Each of the identification envelopes purporting to	5320
contain absent voter's ballots delivered to the ~~presiding judge~~	5321
voting location manager of the precinct or the special ~~judge~~	5322
election official appointed by the board of elections shall be	5323
handled as follows: The election officials shall compare the	5324
signature of the elector on the outside of the identification	5325
envelope with the signature of that elector on the elector's	5326
registration form and verify that the absent voter's ballot is	5327
eligible to be counted under section 3509.07 of the Revised Code.	5328
Any of the precinct officials may challenge the right of the	5329
elector named on the identification envelope to vote the absent	5330
voter's ballots upon the ground that the signature on the envelope	5331
is not the same as the signature on the registration form, that	5332
the identification envelope statement of voter has not been	5333
completed, or upon any other of the grounds upon which the right	5334
of persons to vote may be lawfully challenged. If no such	5335
challenge is made, or if such a challenge is made and not	5336
sustained, the ~~presiding judge~~voting location manager shall open	5337
the envelope without defacing the statement of voter and without	5338
mutilating the ballots in it, and shall remove the ballots	5339
contained in it and proceed to count them.	5340

The name of each person voting who is entitled to vote only	5341
an absent voter's presidential ballot shall be entered in a	5342
pollbook or poll list or signature pollbook followed by the words	5343
"Absentee Presidential Ballot." The name of each person voting an	5344
absent voter's ballot, other than such persons entitled to vote	5345
only a presidential ballot, shall be entered in the pollbook or	5346
poll list or signature pollbook and the person's registration card	5347
marked to indicate that the person has voted.	5348

The date of such election shall also be entered on the	5349
elector's registration form. If any such challenge is made and	5350
sustained, the identification envelope of such elector shall not	5351
be opened, shall be endorsed "Not Counted" with the reasons the	5352
ballots were not counted, and shall be delivered to the board.	5353

(E) Special election ~~judges~~officials, employees or members	5354
of the board of elections, or observers shall not disclose the	5355
count or any portion of the count of absent voter's ballots prior	5356
to the time of the closing of the polling places. No person shall	5357
recklessly disclose the count or any portion of the count of	5358
absent voter's ballots in such a manner as to jeopardize the	5359
secrecy of any individual ballot.	5360

(F) Observers may be appointed under section 3505.21 of the	5361
Revised Code to witness the examination and opening of	5362
identification envelopes and the counting of absent voters'	5363
ballots under this section.	5364

Sec. 3509.07. If(A) Except as otherwise provided in	5365
division (B) of this section, if election officials find that the	5366
statement accompanying an absent voter's ballot or absent voter's	5367
presidential ballot is ~~insufficient~~incomplete, that the	5368
signatures do not correspond with the person's registration	5369
signature, that the applicant is not a qualified elector in the	5370
precinct, that the ballot envelope contains more than one ballot	5371
of any one kind, or any voted ballot that the elector is not	5372
entitled to vote, that Stub A is ~~detached from~~not included in the	5373
envelope with the absent voter's ballot or absent voter's	5374
presidential ballot, or that the elector has not included with the	5375
elector's ballot any identification required under section 3509.05	5376
or 3511.09 of the Revised Code, the vote shall not be accepted or	5377
counted. The vote of any absent voter may be challenged for cause	5378
in the same manner as other votes are challenged, and the election	5379
officials shall determine the legality of that ballot. Every	5380
ballot not counted shall be endorsed on its back "Not Counted"	5381
with the reasons the ballot was not counted, and shall be enclosed	5382
and returned to or retained by the board of elections along with	5383
the contested ballots.	5384

(B) If, in determining the validity of absent voter's ballots	5385
under division (A) of this section, the election officials	5386
determine that an absent voter's ballot envelope statement of	5387
voter has not been signed, the election officials shall not count	5388
the ballot enclosed in the envelope. If the election officials are	5389
able to determine the identity of the absent voter who returned	5390
the unsigned identification envelope, the election officials shall	5391
do all of the following:	5392

(1) Reinstate the elector's eligibility to receive and cast a	5393
ballot in that election;	5394

(2) Remove the notation in the poll list or signature	5395
pollbook that indicates that the elector has requested an absent	5396
voter's ballot for that election and that otherwise would require	5397
the elector to cast a provisional ballot on the day of the	5398
election;	5399

(3) Note, on the unsigned identification envelope, that the	5400
envelope is unsigned, that the ballot within that envelope shall	5401
not be counted, and that the voter's right to cast a ballot in	5402
that election was reinstated;	5403

(4) For any such ballot received five or more days before the	5404
day of the election, mail a notification of the elector's	5405
reinstated eligibility to vote by any legal means to the elector's	5406
address on file with the board;	5407

(5) Permit that elector to cast a regular ballot in that	5408
election.	5409

(C) An elector who casts a ballot under division (B) of this	5410
section after having that elector's absent voter's ballot rejected	5411
due to a lack of a signature on the identification envelope shall	5412
not be considered to have voted or to have attempted to vote more	5413
than once under division (A)(2) of section 3599.12 of the Revised	5414
Code, and no prosecution shall commence against such an elector on	5415
that basis.	5416

(D) The uncounted ballots shall be preserved in their	5417
identification envelopes unopened until the time provided by	5418
section 3505.31 of the Revised Code for the destruction of all	5419
other ballots used at the election for which ballots were	5420
provided, at which time they shall be destroyed.	5421

Sec. 3509.08. (A) Any qualified elector, who, on account of	5422
the elector's own personal illness, physical disability, or	5423
infirmity, or on account of the elector's confinement in a jail or	5424
workhouse under sentence for a misdemeanor or awaiting trial on a	5425
felony or misdemeanor, will be unable to travel from the elector's	5426
home or place of confinement to the voting booth in the elector's	5427
precinct on the day of any general, special, or primary election	5428
may make application in writing for an absent voter's ballot to	5429
~~the director of~~ the board of elections of the elector's county.	5430
The application shall include all of the information required	5431
under section 3509.03 of the Revised Code and shall state the	5432
nature of the elector's illness, physical disability, or	5433
infirmity, or the fact that the elector is confined in a jail or	5434
workhouse and the elector's resultant inability to travel to the	5435
election booth in the elector's precinct on election day. The	5436
application shall not be valid if it is delivered to the ~~director~~	5437
board before the ninetieth day or after twelve noon of the third	5438
day before the day of the election at which the ballot is to be	5439
voted.	5440

The absent voter's ballot may be mailed directly to the	5441
applicant at the applicant's voting residence or place of	5442
confinement as stated in the applicant's application, or the board	5443
may designate two board employees belonging to the two major	5444
political parties for the purpose of delivering the ballot to the	5445
disabled or confined elector and returning it to the board, unless	5446
the applicant is confined to a public or private institution	5447
within the county, in which case the board shall designate two	5448
board employees belonging to the two major political parties for	5449
the purpose of delivering the ballot to the disabled or confined	5450
elector and returning it to the board. In all other instances, the	5451
ballot shall be returned to the office of the board in the manner	5452
prescribed in section 3509.05 of the Revised Code.	5453

Any disabled or confined elector who declares to the two	5454
board employees belonging to the two major political parties that	5455
the elector is unable to mark the elector's ballot by reason of	5456
physical infirmity that is apparent to the employees to be	5457
sufficient to incapacitate the voter from marking the elector's	5458
ballot properly, may receive, upon request, the assistance of the	5459
employees in marking the elector's ballot, and they shall	5460
thereafter give no information in regard to this matter. Such	5461
assistance shall not be rendered for any other cause.	5462

When two board employees belonging to the two major political	5463
parties deliver a ballot to a disabled or confined elector, each	5464
of the employees shall be present when the ballot is delivered,	5465
when assistance is given, and when the ballot is returned to the	5466
office of the board, and shall subscribe to the declaration on the	5467
identification envelope.	5468

The secretary of state shall prescribe the form of	5469
application for absent voter's ballots under this division.	5470

This chapter applies to disabled and confined absent voter's	5471
ballots except as otherwise provided in this section.	5472

(B)(1) Any qualified elector who is unable to travel to the	5473
voting booth in the elector's precinct on the day of any general,	5474
special, or primary election may apply to ~~the director of~~ the	5475
board of elections of the county where the elector is a qualified	5476
elector to vote in the election by absent voter's ballot if either	5477
of the following apply:	5478

(a) The elector is confined in a hospital as a result of an	5479
accident or unforeseeable medical emergency occurring before the	5480
election;	5481

(b) The elector's minor child is confined in a hospital as a	5482
result of an accident or unforeseeable medical emergency occurring	5483
before the election.	5484

(2) The application authorized under division (B)(1) of this	5485
section shall be made in writing, shall include all of the	5486
information required under section 3509.03 of the Revised Code,	5487
and shall be delivered to the ~~director~~board not later than three	5488
p.m. on the day of the election. The application shall indicate	5489
the hospital where the applicant or the applicant's child is	5490
confined, the date of the applicant's or the applicant's child's	5491
admission to the hospital, and the offices for which the applicant	5492
is qualified to vote. The applicant may also request that a member	5493
of the applicant's family, as listed in section 3509.05 of the	5494
Revised Code, deliver the absent voter's ballot to the applicant.	5495
The ~~director~~board, after establishing to the ~~director's~~board's	5496
satisfaction the validity of the circumstances claimed by the	5497
applicant, shall supply an absent voter's ballot to be delivered	5498
to the applicant. When the applicant or the applicant's child is	5499
in a hospital in the county where the applicant is a qualified	5500
elector and no request is made for a member of the family to	5501
deliver the ballot, the ~~director~~board shall arrange for the	5502
delivery of an absent voter's ballot to the applicant, and for its	5503
return to the office of the board, by two board employees	5504
belonging to the two major political parties according to the	5505
procedures prescribed in division (A) of this section. When the	5506
applicant or the applicant's child is in a hospital outside the	5507
county where the applicant is a qualified elector and no request	5508
is made for a member of the family to deliver the ballot, the	5509
~~director~~board shall arrange for the delivery of an absent voter's	5510
ballot to the applicant by mail, and the ballot shall be returned	5511
to the office of the board in the manner prescribed in section	5512
3509.05 of the Revised Code.	5513

(3) Any qualified elector who is eligible to vote under	5514
division (B) or (C) of section 3503.16 of the Revised Code but is	5515
unable to do so because of the circumstances described in division	5516
(B)(2) of this section may vote in accordance with division (B)(1)	5517
of this section if that qualified elector states in the	5518
application for absent voter's ballots that that qualified elector	5519
moved or had a change of name under the circumstances described in	5520
division (B) or (C) of section 3503.16 of the Revised Code and if	5521
that qualified elector complies with divisions (G)(1) to (4) of	5522
section 3503.16 of the Revised Code.	5523

(C) Any qualified elector described in division (A) or (B)(1)	5524
of this section who needs no assistance to vote or to return	5525
absent voter's ballots to the board of elections may apply for	5526
absent voter's ballots under section 3509.03 of the Revised Code	5527
instead of applying for them under this section.	5528

Sec. 3509.09. (A) The poll list or signature pollbook for	5529
each precinct shall identify each registered elector in that	5530
precinct who has requested an absent voter's ballot for that	5531
election.	5532

(B)(1) If a registered elector appears to vote in that	5533
precinct and that elector has requested an absent voter's ballot	5534
for that election but the ~~director~~board of elections has not	5535
received a sealed identification envelope purporting to contain	5536
that elector's voted absent voter's ballots for that election, the	5537
elector shall be permitted to cast a provisional ballot under	5538
section 3505.181 of the Revised Code in that precinct on the day	5539
of that election.	5540

(2) If a registered elector appears to vote in that precinct	5541
and that elector has requested an absent voter's ballot for that	5542
election and the ~~director~~board has received a sealed	5543
identification envelope purporting to contain that elector's voted	5544
absent voter's ballots for that election, the elector shall be	5545
permitted to cast a provisional ballot under section 3505.181 of	5546
the Revised Code in that precinct on the day of that election.	5547

(C)(1) In counting absent voter's ballots under section	5548
3509.06 of the Revised Code, the board of elections shall compare	5549
the signature of each elector from whom the ~~director~~board has	5550
received a sealed identification envelope purporting to contain	5551
that elector's voted absent voter's ballots for that election to	5552
the signature on that elector's registration form. Except as	5553
otherwise provided in division (C)(3) of this section, if the	5554
board of elections determines that the absent voter's ballot in	5555
the sealed identification envelope is valid, it shall be counted.	5556
If the board of elections determines that the signature on the	5557
sealed identification envelope purporting to contain the elector's	5558
voted absent voter's ballot does not match the signature on the	5559
elector's registration form, the ballot shall be set aside and the	5560
board shall examine, during the time prior to the beginning of the	5561
official canvass, the poll list or signature pollbook from the	5562
precinct in which the elector is registered to vote to determine	5563
if the elector also cast a provisional ballot under section	5564
3505.181 of the Revised Code in that precinct on the day of the	5565
election.	5566

(2) The board of elections shall count the provisional	5567
ballot, instead of the absent voter's ballot, if both of the	5568
following apply:	5569

(a) The board of elections determines that the signature of	5570
the elector on the outside of the identification envelope in which	5571
the absent voter's ballots are enclosed does not match the	5572
signature of the elector on the elector's registration form;	5573

(b) The elector cast a provisional ballot in the precinct on	5574
the day of the election.	5575

(3) If the board of elections does not receive the sealed	5576
identification envelope purporting to contain the elector's voted	5577
absent voter's ballot by the applicable deadline established under	5578
section 3509.05 of the Revised Code, the provisional ballot cast	5579
under section 3505.181 of the Revised Code in that precinct on the	5580
day of the election shall be counted as valid, if that provisional	5581
ballot is otherwise determined to be valid pursuant to section	5582
3505.183 of the Revised Code.	5583

(D) If the board of elections counts a provisional ballot	5584
under division (C)(2) or (3) of this section, the returned	5585
identification envelope of that elector shall not be opened, and	5586
the ballot within that envelope shall not be counted. The	5587
identification envelope shall be endorsed "Not Counted" with the	5588
reason the ballot was not counted.	5589

Sec. 3511.02. Notwithstanding any section of the Revised	5590
Code to the contrary, whenever any person applies for registration	5591
as a voter on a form adopted in accordance with federal	5592
regulations relating to the "Uniformed and Overseas Citizens	5593
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	5594
this application shall be sufficient for voter registration and as	5595
a request for an absent voter's ballot. Uniformed services or	5596
overseas absent voter's ballots may be obtained by any person	5597
meeting the requirements of section 3511.01 of the Revised Code by	5598
applying electronically to the secretary of state or to the board	5599
of elections of the county in which the person's voting residence	5600
is located in accordance with section 3511.021 of the Revised Code	5601
or by applying to ~~the director of~~ the board of elections of the	5602
county in which the person's voting residence is located, in one	5603
of the following ways:	5604

(A) That person may make written application for those	5605
ballots. The person may personally deliver the application to the	5606
~~director~~board or may mail it, send it by facsimile machine, or	5607
otherwise send it to the ~~director~~board. The application need not	5608
be in any particular form but shall contain all of the following	5609
information:	5610

(1) The elector's name;

5611

(2) The elector's signature;

5612

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

5613

(4) The elector's date of birth;

5614

(5) One of the following:

5615

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

5616

(b) The ~~last four digits of the~~ elector's social security	5617
number;	5618

(c) A copy of the elector's current and valid photo	5619
identification, a copy of a military identification, a copy of a	5620
United States passport, or a copy of a current utility bill, bank	5621
statement, government check, paycheck, or other government	5622
document, other than ~~a notice of an election mailed by a board of~~	5623
~~elections under section 3501.19 of the Revised Code or~~ a notice of	5624
voter registration mailed by a board of elections under section	5625
3503.19 of the Revised Code, that shows the name and address of	5626
the elector.	5627

(6) A statement identifying the election for which absent	5628
voter's ballots are requested;	5629

(7) A statement that the person requesting the ballots is a	5630
qualified elector;	5631

(8) A statement that the elector is an absent uniformed	5632
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	5633

(9) A statement of the elector's length of residence in the	5634
state immediately preceding the commencement of service,	5635
immediately preceding the date of leaving to be with or near the	5636
service member, or immediately preceding leaving the United	5637
States, whichever is applicable;	5638

(10) If the request is for primary election ballots, the	5639
elector's party affiliation;	5640

(11) If the elector desires ballots to be mailed to the	5641
elector, the address to which those ballots shall be mailed;	5642

(12) If the elector desires ballots to be sent to the elector	5643
by facsimile machine, the telephone number to which they shall be	5644
so sent.	5645

(B) A voter or any relative of a voter listed in division (C)	5646
of this section may use a single federal post card application to	5647
apply for uniformed services or overseas absent voter's ballots	5648
for use at the primary and general elections in a given year and	5649
any special election to be held on the day in that year specified	5650
by division (E) of section 3501.01 of the Revised Code for the	5651
holding of a primary election, designated by the general assembly	5652
for the purpose of submitting constitutional amendments proposed	5653
by the general assembly to the voters of the state. A single	5654
federal postcard application shall be processed by the board of	5655
elections pursuant to section 3511.04 of the Revised Code the same	5656
as if the voter had applied separately for uniformed services or	5657
overseas absent voter's ballots for each election.	5658

(C) Application to have uniformed services or overseas absent	5659
voter's ballots mailed or sent by facsimile machine to such a	5660
person may be made by the spouse, father, mother, father-in-law,	5661
mother-in-law, grandfather, grandmother, brother or sister of the	5662
whole blood or half blood, son, daughter, adopting parent, adopted	5663
child, stepparent, stepchild, uncle, aunt, nephew, or niece of	5664
such a person. The application shall be in writing upon a blank	5665
form furnished only by the ~~director~~board of elections or on a	5666
single federal post card as provided in division (B) of this	5667
section. The form of the application shall be prescribed by the	5668
secretary of state. The ~~director~~board shall furnish that blank	5669
form to any of the relatives specified in this division desiring	5670
to make the application, only upon the request of such a relative	5671
made in person at the office of the board or upon the written	5672
request of such a relative mailed to the office of the board. The	5673
application, subscribed and sworn to by the applicant, shall	5674
contain all of the following:	5675

(1) The full name of the elector for whom ballots are	5676
requested;	5677

(2) A statement that the elector is an absent uniformed	5678
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	5679

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

5680

(4) A statement identifying the elector's length of residence	5681
in the state immediately preceding the commencement of service,	5682
immediately preceding the date of leaving to be with or near a	5683
service member, or immediately preceding leaving the United	5684
States, as the case may be;	5685

(5) The elector's date of birth;

5686

(6) One of the following:

5687

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

5688

(b) The ~~last four digits of the~~ elector's social security	5689
number;	5690

(c) A copy of the elector's current and valid photo	5691
identification, a copy of a military identification, a copy of a	5692
United States passport, or a copy of a current utility bill, bank	5693
statement, government check, paycheck, or other government	5694
document, other than ~~a notice of an election mailed by a board of~~	5695
~~elections under section 3501.19 of the Revised Code or~~ a notice of	5696
voter registration mailed by a board of elections under section	5697
3503.19 of the Revised Code, that shows the name and address of	5698
the elector.	5699

(7) A statement identifying the election for which absent	5700
voter's ballots are requested;	5701

(8) A statement that the person requesting the ballots is a	5702
qualified elector;	5703

(9) If the request is for primary election ballots, the	5704
elector's party affiliation;	5705

(10) A statement that the applicant bears a relationship to	5706
the elector as specified in division (C) of this section;	5707

(11) The address to which ballots shall be mailed or the	5708
telephone number to which ballots shall be sent by facsimile	5709
machine;	5710

(12) The signature and address of the person making the	5711
application.	5712

Each application for uniformed services or overseas absent	5713
voter's ballots shall be delivered to the ~~director~~board not	5714
earlier than the first day of January of the year of the elections	5715
for which the uniformed services or overseas absent voter's	5716
ballots are requested or not earlier than ninety days before the	5717
day of the election at which the ballots are to be voted,	5718
whichever is earlier, and not later than twelve noon of the third	5719
day preceding the day of the election, or not later than the close	5720
of regular business hours on the day before the day of the	5721
election at which those ballots are to be voted if the application	5722
is delivered in person to the office of the board.	5723

(D) If the voter for whom the application is made is entitled	5724
to vote for presidential and vice-presidential electors only, the	5725
applicant shall submit to the ~~director~~board in addition to the	5726
requirements of divisions (A), (B), and (C) of this section, a	5727
statement to the effect that the voter is qualified to vote for	5728
presidential and vice-presidential electors and for no other	5729
offices.	5730

(E) If a board of elections receives an application for	5731
uniformed services or overseas absent voter's ballots under this	5732
section that indicates that it also shall be used as a change of	5733
address form, the board of elections shall update the voter	5734
registration records to reflect the voter's new address.	5735

Sec. 3511.04. (A) If ~~a director of~~ a board of elections	5736
receives an application for uniformed services or overseas absent	5737
voter's ballots that does not contain all of the required	5738
information, the ~~director~~board promptly shall notify the	5739
applicant of the additional information required to be provided by	5740
the applicant to complete that application.	5741

(B) Not later than the forty-fifth day before the day of each	5742
general or primary election, and at the earliest possible time	5743
before the day of a special election held on a day other than the	5744
day on which a general or primary election is held, ~~the director~~	5745
of the board of elections shall mail, send by facsimile machine,	5746
or otherwise send uniformed services or overseas absent voter's	5747
ballots then ready for use as provided for in section 3511.03 of	5748
the Revised Code and for which the ~~director~~board has received	5749
valid applications prior to that time. Thereafter, and until	5750
twelve noon of the third day preceding the day of election, the	5751
~~director~~board shall promptly, upon receipt of valid applications	5752
for them, mail, send by facsimile machine, or otherwise send to	5753
the proper persons all uniformed services or overseas absent	5754
voter's ballots then ready for use.	5755

If, after the seventieth day before the day of a general or	5756
primary election, any other question, issue, or candidacy is	5757
lawfully ordered submitted to the electors voting at the general	5758
or primary election, the board shall promptly provide a separate	5759
official issue, special election, or other election ballot for	5760
submitting the question, issue, or candidacy to those electors,	5761
and ~~the director shall~~ promptly mail or send by facsimile machine	5762
each such separate ballot to each person to whom the ~~director~~	5763
board has previously mailed or sent by facsimile machine other	5764
uniformed services or overseas absent voter's ballots.	5765

In mailing uniformed services or overseas absent voter's	5766
ballots, the ~~director~~board shall use the fastest mail service	5767
available, but the ~~director~~board shall not mail them by certified	5768
mail.	5769

Sec. 3511.05. (A) The ~~director of the~~ board of elections	5770
shall place uniformed services or overseas absent voter's ballots	5771
sent by mail in an unsealed identification envelope, gummed ready	5772
for sealing. The ~~director~~board shall include with uniformed	5773
services or overseas absent voter's ballots sent electronically,	5774
including by facsimile machine, an instruction sheet for preparing	5775
a gummed envelope in which the ballots shall be returned. The	5776
envelope for returning ballots sent by either means shall have	5777
printed or written on its face a form substantially as follows:	5778

"Identification Envelope Statement of Voter	5779

I, ........................(Name of voter), declare under	5780
penalty of election falsification that the within ballot or	5781
ballots contained no voting marks of any kind when I received	5782
them, and I caused the ballot or ballots to be marked, enclosed in	5783
the identification envelope, and sealed in that envelope.	5784

My voting residence in Ohio is

5785

...................................................................	5786

(Street and Number, if any, or Rural Route and Number)	5787

of ................................ (City, Village, or Township)	5788
Ohio, which is in Ward ............... Precinct ................	5789
in that city, village, or township.	5790

The primary election ballots, if any, within this envelope	5791
are primary election ballots of the ............. Party.	5792

Ballots contained within this envelope are to be voted at the	5793
.......... (general, special, or primary) election to be held on	5794
the .......................... day of ......................, ....	5795

My date of birth is ............... (Month and Day),	5796
.......... (Year).	5797

(Voter must provide one of the following:)

5798

My driver's license number is ............... (Driver's	5799
license number).	5800

~~The last four digits of my~~My Social Security Number ~~are~~is	5801
............... (~~Last four digits of~~ Social Security Number).	5802

...... In lieu of providing a driver's license number or ~~the~~	5803
~~last four digits of~~ my Social Security Number, I am enclosing a	5804
copy of one of the following in the return envelope in which this	5805
identification envelope will be mailed: a current and valid photo	5806
identification, a military identification, a United States	5807
passport, or a current utility bill, bank statement, government	5808
check, paycheck, or other government document, other than ~~a notice~~	5809
~~of an election mailed by a board of elections under section~~	5810
~~3501.19 of the Revised Code or~~ a notice of voter registration	5811
mailed by a board of elections, that shows my name and address.	5812

I hereby declare, under penalty of election falsification,	5813
that the statements above are true, as I verily believe.	5814

			5815
	(Signature of Voter)		5816

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	5817
THE FIFTH DEGREE."	5818

(B) The ~~director~~board shall also mail with the ballots and	5819
the unsealed identification envelope sent by mail an unsealed	5820
return envelope, gummed, ready for sealing, for use by the voter	5821
in returning the voter's marked ballots to the ~~director~~board. The	5822
~~director~~board shall send with the ballots and the instruction	5823
sheet for preparing a gummed envelope sent electronically,	5824
including by facsimile machine, an instruction sheet for preparing	5825
a second gummed envelope as described in this division, for use by	5826
the voter in returning that voter's marked ballots to the ~~director~~	5827
board. The return envelope shall have two parallel lines, each one	5828
quarter of an inch in width, printed across its face paralleling	5829
the top, with an intervening space of one quarter of an inch	5830
between such lines. The top line shall be one and one-quarter	5831
inches from the top of the envelope. Between the parallel lines	5832
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR	5833
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	5834
lines shall be printed in the upper left corner on the face of the	5835
envelope for the use by the voter in placing the voter's complete	5836
military, naval, or mailing address on these lines, and beneath	5837
these lines there shall be printed a box beside the words "check	5838
if out-of-country." The voter shall check this box if the voter	5839
will be outside the United States on the day of the election. The	5840
official title and the post-office address of the ~~director~~board	5841
to ~~whom~~which the envelope shall be returned shall be printed on	5842
the face of such envelope in the lower right portion below the	5843
bottom parallel line.	5844

(C) On the back of each identification envelope and each	5845
return envelope shall be printed the following:	5846

"Instructions to voter:	5847

If the flap on this envelope is so firmly stuck to the back	5848
of the envelope when received by you as to require forcible	5849
opening in order to use it, open the envelope in the manner least	5850
injurious to it, and, after marking your ballots and enclosing	5851
same in the envelope for mailing them to ~~the director of~~ the board	5852
of elections, reclose the envelope in the most practicable way, by	5853
sealing or otherwise, and sign the blank form printed below.	5854

The flap on this envelope was firmly stuck to the back of the	5855
envelope when received, and required forced opening before sealing	5856
and mailing.	5857

			5858
	(Signature of voter)"		5859

(D) Division (C) of this section does not apply when absent	5860
voter's ballots are sent electronically, including by facsimile	5861
machine.	5862

Sec. 3511.06. The return envelope provided for in section	5863
3511.05 of the Revised Code shall be of such size that the	5864
identification envelope can be conveniently placed within it for	5865
returning the identification envelope to the ~~director~~board of	5866
elections. The envelope in which the two envelopes and the	5867
uniformed services or overseas absent voter's ballots are mailed	5868
to the elector shall have two parallel lines, each one quarter of	5869
an inch in width, printed across its face, paralleling the top,	5870
with an intervening space of one-quarter of an inch between such	5871
lines. The top line shall be one and one-quarter inches from the	5872
top of the envelope. Between the parallel lines shall be printed:	5873
"official uniformed services or overseas absent voter's balloting	5874
material--via air mail." The appropriate return address of ~~the~~	5875
~~director of~~ the board of elections shall be printed in the upper	5876
left corner on the face of such envelope. Several blank lines	5877
shall be printed on the face of such envelope in the lower right	5878
portion, below the bottom parallel line, for writing in the name	5879
and address of the elector to whom such envelope is mailed.	5880

Sec. 3511.07. When mailing unsealed identification envelopes	5881
and unsealed return envelopes to persons, the ~~director of the~~	5882
board of elections shall insert a sheet of waxed paper or other	5883
appropriate insert between the gummed flap and the back of each of	5884
such envelopes to minimize the possibility that the flap may	5885
become firmly stuck to the back of the envelope by reason of	5886
moisture, humid atmosphere, or other conditions to which they may	5887
be subjected. If the flap on either of such envelopes should be so	5888
firmly stuck to the back of the envelope when it is received by	5889
the voter as to require forcible opening of the envelope in order	5890
to use it, the voter shall open such envelope in the manner least	5891
injurious to it, and, after marking ~~his~~the voter's ballots and	5892
enclosing them in the envelope for mailing to the ~~director~~board,	5893
hethe voter shall reclose such envelope in the most practicable	5894
way, by sealing it or otherwise, and shall sign the blank form	5895
printed on the back of such envelope.	5896

Sec. 3511.08. The ~~director of the~~ board of elections shall	5897
keep a record of the name and address of each person to whom the	5898
~~director~~board mails or delivers uniformed services or overseas	5899
absent voter's ballots, the kinds of ballots so mailed or	5900
delivered, and the name and address of the person who made the	5901
application for such ballots. After the ~~director~~board has mailed	5902
or delivered such ballots, the ~~director~~board shall not mail or	5903
deliver additional ballots of the same kind to such person	5904
pursuant to a subsequent request unless such subsequent request	5905
contains the statement that an earlier request had been sent to	5906
the ~~director~~board prior to the thirtieth day before the election	5907
and that the uniformed services or overseas absent voter's ballots	5908
so requested had not been received by such person prior to the	5909
fifteenth day before the election, and provided that the ~~director~~	5910
board has not received an identification envelope purporting to	5911
contain marked uniformed services or overseas absent voter's	5912
ballots from such person.	5913

Sec. 3511.09. Upon receiving uniformed services or overseas	5914
absent voter's ballots, the elector shall cause the questions on	5915
the face of the identification envelope to be answered, and, by	5916
writing the elector's usual signature in the proper place on the	5917
identification envelope, the elector shall declare under penalty	5918
of election falsification that the answers to those questions are	5919
true and correct to the best of the elector's knowledge and	5920
belief. Then, the elector shall note whether there are any voting	5921
marks on the ballot. If there are any voting marks, the ballot	5922
shall be returned immediately to the board of elections;	5923
otherwise, the elector shall cause the ballot to be marked, folded	5924
separately so as to conceal the markings on it, deposited in the	5925
identification envelope, and securely sealed in the identification	5926
envelope. The elector then shall cause the identification envelope	5927
to be placed within the return envelope, sealed in the return	5928
envelope, and mailed to ~~the director of~~ the board of elections to	5929
~~whom~~which it is addressed, postage prepaid. If the elector does	5930
not provide the elector's driver's license number or ~~the last four~~	5931
~~digits of~~ the elector's social security number on the statement of	5932
voter on the identification envelope, the elector also shall	5933
include in the return envelope with the identification envelope a	5934
copy of the elector's current valid photo identification, a copy	5935
of a military identification, a copy of a United States passport,	5936
or a copy of a current utility bill, bank statement, government	5937
check, paycheck, or other government document, other than ~~a notice~~	5938
~~of an election mailed by a board of elections under section~~	5939
~~3501.19 of the Revised Code or~~ a notice of voter registration	5940
mailed by a board of elections under section 3503.19 of the	5941
Revised Code, that shows the name and address of the elector. Each	5942
elector who will be outside the United States on the day of the	5943
election shall check the box on the return envelope indicating	5944
this fact and shall mail the return envelope to the ~~director~~	5945
board prior to the close of the polls on election day.	5946

Every uniformed services or overseas absent voter's ballot	5947
identification envelope shall be accompanied by the following	5948
statement in boldface capital letters: WHOEVER COMMITS ELECTION	5949
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	5950

Sec. 3511.10. If, on or after the ~~thirty-fifth~~sixteenth day	5951
~~and~~before the day of a general or primary election through six	5952
p.m. on the last Friday before the ~~close of the polls on the~~ day	5953
of ~~a general or primary~~that election, a valid application for	5954
uniformed services or overseas absent voter's ballots is delivered	5955
to ~~the director of~~ the office of the board of elections ~~at the~~	5956
~~office of the board~~ by a person making the application on the	5957
person's own behalf, the ~~director~~board shall forthwith deliver to	5958
the person all uniformed services or overseas absent voter's	5959
ballots then ready for use, together with an identification	5960
envelope. The person shall then immediately retire to a voting	5961
booth in the office of the board, and mark the ballots. The person	5962
shall then fold each ballot separately so as to conceal the	5963
person's markings thereon, and deposit all of the ballots in the	5964
identification envelope and securely seal it. Thereupon the person	5965
shall fill in answers to the questions on the face of the	5966
identification envelope, and by writing the person's usual	5967
signature in the proper place thereon, the person shall declare	5968
under penalty of election falsification that the answers to those	5969
questions are true and correct to the best of that person's	5970
knowledge and belief. The person shall then deliver the	5971
identification envelope to the ~~director~~board. If thereafter, and	5972
before the third day preceding such election, the board provides	5973
additional separate official issue or special election ballots, as	5974
provided for in section 3511.04 of the Revised Code, the ~~director~~	5975
board shall promptly, and not later than twelve noon of the third	5976
day preceding the day of election, mail such additional ballots to	5977
such person at the address specified by that person for that	5978
purpose.	5979

In the event any person serving in the armed forces of the	5980
United States is discharged after the closing date of	5981
registration, and that person or that person's spouse, or both,	5982
meets all the other qualifications set forth in section 3511.01 of	5983
the Revised Code, the person or spouse shall be permitted to vote	5984
prior to the date of the election in the office of the board in	5985
the person's or spouse's county, as set forth in this section.	5986

Sec. 3511.11. (A) Upon receipt of any return envelope	5987
bearing the designation "Official Election Uniformed Services or	5988
Overseas Absent Voter's Ballot" prior to the eleventh day after	5989
the day of any election, ~~the director of~~ the board of elections	5990
shall open it but shall not open the identification envelope	5991
contained in it. If, upon so opening the return envelope, the	5992
~~director~~board finds ballots in it that are not enclosed in and	5993
properly sealed in the identification envelope, the ~~director~~board	5994
shall not look at the markings upon the ballots and shall promptly	5995
place them in the identification envelope and promptly seal it.	5996
If, upon so opening the return envelope, the ~~director~~board finds	5997
that ballots are enclosed in the identification envelope but that	5998
it is not properly sealed, the ~~director~~board shall not look at	5999
the markings upon the ballots and shall promptly seal the	6000
identification envelope.	6001

(B) Uniformed services or overseas absent voter's ballots	6002
delivered to the ~~director~~board not later than the close of the	6003
polls on election day shall be counted in the manner provided in	6004
section 3509.06 of the Revised Code.	6005

(C) A return envelope that indicates that the voter will be	6006
outside of the United States on the day of an election is not	6007
required to be postmarked in order for a uniformed services or	6008
overseas absent voter's ballot contained in it to be valid. Except	6009
as otherwise provided in this division, whether or not the return	6010
envelope containing the ballot is postmarked or contains an	6011
illegible postmark, a uniformed services or overseas absent	6012
voter's ballot that is received after the close of the polls on	6013
election day through the tenth day after the election day and that	6014
is delivered in a return envelope that indicates that the voter	6015
will be outside the United States on the day of the election shall	6016
be counted on the eleventh day after the election day at the	6017
office of the board of elections in the manner provided in	6018
divisions (C) and (D) of section 3509.06 of the Revised Code.	6019
However, if a return envelope containing a uniformed services or	6020
overseas absent voter's ballot is so received and so indicates,	6021
but it is postmarked, or the identification envelope in it is	6022
signed, after the close of the polls on election day, the	6023
uniformed services or overseas absent voter's ballot shall not be	6024
counted.	6025

(D)(1) Except as otherwise provided in division (D)(2) of	6026
this section, any return envelope containing a uniformed services	6027
or overseas absent voter's ballot that is postmarked within the	6028
United States prior to the day of the election shall be delivered	6029
to the ~~director~~board prior to the eleventh day after the	6030
election. Uniformed services or overseas absent voter's ballots	6031
delivered in envelopes postmarked prior to the day of the election	6032
that are received after the close of the polls on election day	6033
through the tenth day thereafter shall be counted on the eleventh	6034
day at the board of elections in the manner provided in divisions	6035
(C) and (D) of section 3509.06 of the Revised Code. Any such	6036
ballots that are received by the ~~director~~board later than the	6037
tenth day following the election shall not be counted, but shall	6038
be kept by the board in the sealed identification envelopes as	6039
provided in division (A) of this section.	6040

(2) Division (D)(1) of this section shall not apply to any	6041
mail that is postmarked using a postage evidencing system,	6042
including a postage meter, as defined in 39 C.F.R. 501.1.	6043

(E) The following types of uniformed services or overseas	6044
absent voter's ballots shall not be counted:	6045

(1) Uniformed services or overseas absent voter's ballots	6046
contained in return envelopes that bear the designation "Official	6047
Election Uniformed Services or Overseas Absent Voter's Ballots,"	6048
that are received by the ~~director~~board after the close of the	6049
polls on the day of the election, and that either are postmarked,	6050
or contain an identification envelope that is signed, on or after	6051
election day;	6052

(2) Uniformed services or overseas absent voter's ballots	6053
contained in return envelopes that bear that designation, that do	6054
not indicate they are from voters who will be outside the United	6055
States on the day of the election, and that are received after the	6056
tenth day following the election;	6057

(3) Uniformed services or overseas absent voter's ballots	6058
contained in return envelopes that bear that designation, that are	6059
received by the ~~director~~board within ten days after the day of	6060
the election, and that were postmarked before the day of the	6061
election using a postage evidencing system, including a postage	6062
meter, as defined in 39 C.F.R. 501.1.	6063

The uncounted ballots shall be preserved in their	6064
identification envelopes unopened until the time provided by	6065
section 3505.31 of the Revised Code for the destruction of all	6066
other ballots used at the election for which ballots were	6067
provided, at which time they shall be destroyed.	6068

Sec. 3511.13. (A) The poll list or signature pollbook for	6069
each precinct shall identify each registered elector in that	6070
precinct who has requested a uniformed services or overseas absent	6071
voter's ballot for that election.	6072

(B)(1) If a registered elector appears to vote in that	6073
precinct and that elector has requested a uniformed services or	6074
overseas absent voter's ballot for that election but the ~~director~~	6075
board of elections has not received a sealed identification	6076
envelope purporting to contain that elector's voted uniformed	6077
services or overseas absent voter's ballots for that election, the	6078
elector shall be permitted to cast a provisional ballot under	6079
section 3505.181 of the Revised Code in that precinct on the day	6080
of that election.	6081

(2) If a registered elector appears to vote in that precinct	6082
and that elector has requested a uniformed services or overseas	6083
absent voter's ballot for that election and the ~~director~~board has	6084
received a sealed identification envelope purporting to contain	6085
that elector's voted uniformed services or overseas absent voter's	6086
ballots for that election, the elector shall be permitted to cast	6087
a provisional ballot under section 3505.181 of the Revised Code in	6088
that precinct on the day of that election.	6089

(C)(1) In counting uniformed services or overseas absent	6090
voter's ballots under section 3511.11 of the Revised Code, the	6091
board of elections shall compare the signature of each elector	6092
from whom the ~~director~~board has received a sealed identification	6093
envelope purporting to contain that elector's voted uniformed	6094
services or overseas absent voter's ballots for that election to	6095
the signature on the elector's registration form. Except as	6096
otherwise provided in division (C)(3) of this section, if the	6097
board of elections determines that the uniformed services or	6098
overseas absent voter's ballot in the sealed identification	6099
envelope is valid, it shall be counted. If the board of elections	6100
determines that the signature on the sealed identification	6101
envelope purporting to contain the elector's voted uniformed	6102
services or overseas absent voter's ballot does not match the	6103
signature on the elector's registration form, the ballot shall be	6104
set aside and the board shall examine, during the time prior to	6105
the beginning of the official canvass, the poll list or signature	6106
pollbook from the precinct in which the elector is registered to	6107
vote to determine if the elector also cast a provisional ballot	6108
under section 3505.181 of the Revised Code in that precinct on the	6109
day of the election.	6110

(2) The board of elections shall count the provisional	6111
ballot, instead of the uniformed services or overseas absent	6112
voter's ballot, of an elector from whom the ~~director~~board has	6113
received an identification envelope purporting to contain that	6114
elector's voted uniformed services or overseas absent voter's	6115
ballots, if both of the following apply:	6116

(a) The board of elections determines that the signature of	6117
the elector on the outside of the identification envelope in which	6118
the uniformed services or overseas absent voter's ballots are	6119
enclosed does not match the signature of the elector on the	6120
elector's registration form;	6121

(b) The elector cast a provisional ballot in the precinct on	6122
the day of the election.	6123

(3) If the board of elections does not receive the sealed	6124
identification envelope purporting to contain the elector's voted	6125
uniformed services or overseas absent voter's ballot by the	6126
applicable deadline established under section 3511.11 of the	6127
Revised Code, the provisional ballot cast under section 3505.181	6128
of the Revised Code in that precinct on the day of the election	6129
shall be counted as valid, if that provisional ballot is otherwise	6130
determined to be valid pursuant to section 3505.183 of the Revised	6131
Code.	6132

(D) If the board of elections counts a provisional ballot	6133
under division (C)(2) or (3) of this section, the returned	6134
identification envelope of that elector shall not be opened, and	6135
the ballot within that envelope shall not be counted. The	6136
identification envelope shall be endorsed "Not Counted" with the	6137
reason the ballot was not counted.	6138

Sec. 3511.14. A board of elections shall accept and process	6139
federal write-in ballots for all federal, state, and local	6140
elections conducted in any year as required under "The Uniformed	6141
and Overseas Citizens Absentee Voting Act," Pub. L. No. 99-410,	6142
100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.	6143

Sec. 3513.02. If, in any odd-numbered year, no ~~valid~~	6144
~~declaration of candidacy is filed~~candidate is certified to appear	6145
on the ballot for nomination as a candidate of a political party	6146
for election to any of the offices to be voted for at the general	6147
election to be held in such year, or if the number of persons	6148
~~filing such declarations of candidacy~~certified as candidates to	6149
appear on the ballot for ~~nominations~~nomination as candidates of	6150
one political party for election to such offices does not exceed,	6151
as to any such office, the number of candidates which such	6152
political party is entitled to nominate as its candidates for	6153
election to such office, then no primary election shall be held	6154
for the purpose of nominating party candidates of such party for	6155
election to offices to be voted for at such general election and	6156
no primary ballots shall be provided for such party. If, however,	6157
the only office for which there are more ~~valid declarations of~~	6158
~~candidacy filed~~candidates certified to appear on the ballot than	6159
the number to be nominated by a political party, is the office of	6160
councilperson in a ward, a primary election shall be held for such	6161
party only in the ward or wards in which there is a contest, and	6162
only the names of the candidates for the office of councilperson	6163
in such ward shall appear on the primary ballot of such political	6164
party.	6165

The election officials whose duty it would have been to	6166
provide for and conduct the holding of such primary election,	6167
declare the results thereof, and issue certificates of nomination	6168
to the persons entitled thereto if such primary election had been	6169
held shall declare each of such persons to be nominated as of the	6170
date of the ninetieth day before the primary election, issue	6171
appropriate certificates of nomination to each of them, and	6172
certify their names to the proper election officials, in order	6173
that their names may be printed on the official ballots provided	6174
for use in the succeeding general election in the same manner as	6175
though such primary election had been held and such persons had	6176
been nominated at such election.	6177

Sec. 3513.131. In the event two or more persons with	6178
identical surnames run for the same office in a primary election	6179
on the same ballot, the names of the candidates shall be	6180
differentiated on the ballot by varying combinations of first and	6181
middle names and initials. Within twenty-four hours after the	6182
final date for filing declarations of candidacy or petitions for	6183
candidacy, the director of the board of elections for local,	6184
municipal, county, general, or special elections, or the director	6185
of the board of elections of the most populous county for	6186
district, general, or special elections, or the secretary of state	6187
for state-wide general and special elections shall notify the	6188
persons with identical given names and surnames that the names of	6189
such persons will be differentiated on the ballot. If one of the	6190
candidates is an incumbent who is a candidate to succeed ~~himself~~	6191
self for the office hethe incumbent occupies, hethe incumbent	6192
shall have first choice of the name by which hethe incumbent is	6193
designated on the ballot. If an incumbent does not make a choice	6194
within two days after notification or if none of the candidates is	6195
an incumbent, the board of elections within three days after	6196
notification shall designate the names by which the candidates are	6197
identified on the ballot. In case of a district candidate the	6198
board of elections in the most populous county shall make the	6199
determination. In case of state-wide candidates, or in the case	6200
any board of elections fails to make a designation within three	6201
days after notification, the secretary of state shall immediately	6202
make the determination.	6203

"Notification" as required by this section shall be by the	6204
director of the board of elections or secretary of state by	6205
~~special delivery or telegram~~certified mail at the candidate's	6206
address listed in ~~his~~the candidate's declaration or petition of	6207
candidacy.	6208

Sec. 3513.18. Party primaries shall be held at the same	6209
place and time, but there shall be separate pollbooks,and tally	6210
sheets~~, and ballot boxes~~ provided at each polling place for each	6211
party participating in the election~~, and the ballot of each voter~~	6212
~~shall be placed in the ballot box of the party with which he is~~	6213
~~affiliated~~. ~~Each ballot box shall be plainly marked with the name~~	6214
~~of the political party whose ballots are to be placed therein, by~~	6215
~~letters pasted or printed thereon or by a card attached thereto,~~	6216
~~or both, and so placed that the designation may be easily seen and~~	6217
~~read by the voter.~~	6218

If a special election on a question or issue is held on the	6219
day of a primary election, there shall be provided in the	6220
pollbooks pages on which shall be recorded the names of all	6221
electors voting on said question or issue and not voting in such	6222
primary. It shall not be necessary for electors desiring to vote	6223
only on the question or issue to declare their political	6224
affiliation.	6225

Sec. 3513.19. (A) It is the duty of any ~~judge of elections~~	6226
precinct election official, whenever any ~~judge of elections~~such	6227
official doubts that a person attempting to vote at a primary	6228
election is legally entitled to vote at that election, to	6229
challenge the right of that person to vote. The right of a person	6230
to vote at a primary election may be challenged upon the following	6231
grounds:	6232

(1) That the person whose right to vote is challenged is not	6233
a legally qualified elector;	6234

(2) That the person has received or has been promised some	6235
valuable reward or consideration for the person's vote;	6236

(3) That the person is not affiliated with or is not a member	6237
of the political party whose ballot the person desires to vote.	6238
Such party affiliation shall be determined by examining the	6239
elector's voting record for the current year and the immediately	6240
preceding two calendar years as shown on the voter's registration	6241
card, using the standards of affiliation specified in the seventh	6242
paragraph of section 3513.05 of the Revised Code. Division (A)(3)	6243
of this section and the seventh paragraph of section 3513.05 of	6244
the Revised Code do not prohibit a person who holds an elective	6245
office for which candidates are nominated at a party primary	6246
election from doing any of the following:	6247

(a) If the person voted as a member of a different political	6248
party at any primary election within the current year and the	6249
immediately preceding two calendar years, being a candidate for	6250
nomination at a party primary held during the times specified in	6251
division (C)(2) of section 3513.191 of the Revised Code provided	6252
that the person complies with the requirements of that section;	6253

(b) Circulating the person's own petition of candidacy for	6254
party nomination in the primary election.	6255

(B) When the right of a person to vote is challenged upon the	6256
ground set forth in division (A)(3) of this section, membership in	6257
or political affiliation with a political party shall be	6258
determined by the person's statement, made under penalty of	6259
election falsification, that the person desires to be affiliated	6260
with and supports the principles of the political party whose	6261
primary ballot the person desires to vote.	6262

Sec. 3513.21. At the close of the polls in a primary	6263
election, the ~~judges of~~precinct election officials shall proceed	6264
without delay to canvass the vote, sign and seal it, and make	6265
returns thereof to the board of elections forthwith on the forms	6266
to be provided by the board. The provisions of Title XXXV of the	6267
Revised Code relating to the accounting for and return of all	6268
ballots at general elections apply to primary ballots.	6269

If there is any disagreement as to how a ballot should be	6270
counted it shall be submitted to all of the ~~judges~~precinct	6271
election officials. If three of the ~~judges~~precinct election	6272
officials do not agree as to how any part of the ballot shall be	6273
counted, that part of such ballot which three of the ~~judges~~	6274
officials do agree shall be counted and a notation made upon the	6275
ballot indicating what part has not been counted, and shall be	6276
placed in an envelope provided for that purpose, marked "Disputed	6277
Ballots" and returned to the board.	6278

The board shall, on the day when the vote is canvassed, open	6279
such sealed envelopes, determine what ballots and for whom they	6280
should be counted, and proceed to count and tally the votes on	6281
such ballots.	6282

Sec. 3513.30. (A)(1) If only one valid declaration of	6283
candidacy is filed for nomination as a candidate of a political	6284
party for an office and that candidate dies prior to the tenth day	6285
before the primary election, both of the following may occur:	6286

(a) The political party whose candidate died may fill the	6287
vacancy so created as provided in division (A)(2) of this section.	6288

(b) Any major political party other than the one whose	6289
candidate died may select a candidate as provided in division	6290
(A)(2) of this section under either of the following	6291
circumstances:	6292

(i) No person has filed a valid declaration of candidacy for	6293
nomination as that party's candidate at the primary election.	6294

(ii) Only one person has filed a valid declaration of	6295
candidacy for nomination as that party's candidate at the primary	6296
election, that person has withdrawn, died, or been disqualified	6297
under section 3513.052 of the Revised Code, and the vacancy so	6298
created has not been filled.	6299

(2) A vacancy may be filled under division (A)(1)(a) and a	6300
selection may be made under division (A)(1)(b) of this section by	6301
the appropriate committee of the political party in the same	6302
manner as provided in divisions (A) to (E) of section 3513.31 of	6303
the Revised Code for the filling of similar vacancies created by	6304
withdrawals or disqualifications under section 3513.052 of the	6305
Revised Code after the primary election, except that the	6306
certification required under that section may not be filed with	6307
the secretary of state, or with a board of the most populous	6308
county of a district, or with the board of a county in which the	6309
major portion of the population of a subdivision is located, later	6310
than four p.m. of the tenth day before the day of such primary	6311
election, or with any other board later than four p.m. of the	6312
fifth day before the day of such primary election.	6313

(3) If only one valid declaration of candidacy is filed for	6314
nomination as a candidate of a political party for an office and	6315
that candidate dies on or after the tenth day before the day of	6316
the primary election, that candidate is considered to have	6317
received the nomination of that candidate's political party at	6318
that primary election, and, for purposes of filling the vacancy so	6319
created, that candidate's death shall be treated as if that	6320
candidate died on the day after the day of the primary election.	6321

(B) Any person filing a declaration of candidacy may withdraw	6322
as such candidate at any time prior to the primary election. The	6323
withdrawal shall be effected and the statement of withdrawal shall	6324
be filed in accordance with the procedures prescribed in division	6325
(D) of this section for the withdrawal of persons nominated in a	6326
primary election or by nominating petition.	6327

(C) A person who is named the first choice for president of	6328
the United States by a candidate for delegate or alternate to a	6329
national convention of a political party may withdraw consent for	6330
the selection of the person as such first choice no later than	6331
four p.m. of the fortieth day before the day of the presidential	6332
primary election. Withdrawal of consent shall be for the entire	6333
slate of candidates for delegates and alternates who named such	6334
person as their presidential first choice and shall constitute	6335
withdrawal from the primary election by such delegates and	6336
alternates. The withdrawal shall be made in writing and delivered	6337
to the secretary of state. If the withdrawal is delivered to the	6338
secretary of state on or before the seventieth day before the day	6339
of the primary election, the boards of elections shall remove both	6340
the name of the withdrawn first choice and the names of such	6341
withdrawn candidates from the ballots according to the directions	6342
of the secretary of state. If the withdrawal is delivered to the	6343
secretary of state after the seventieth day before the day of the	6344
primary election, the board of elections shall not remove the name	6345
of the withdrawn first choice and the names of the withdrawn	6346
candidates from the ballots. The board of elections shall post a	6347
notice at each polling location on the day of the primary	6348
election, and shall enclose with each absent voter's ballot given	6349
or mailed after the candidate withdraws, a notice that votes for	6350
the withdrawn first choice or the withdrawn candidates will be	6351
void and will not be counted. If such names are not removed from	6352
all ballots before the day of the election, the votes for the	6353
withdrawn first choice or the withdrawn candidates are void and	6354
shall not be counted.	6355

(D) Any person nominated in a primary election or by	6356
nominating petition as a candidate for election at the next	6357
general election may withdraw as such candidate at any time prior	6358
to the general election. Such withdrawal may be effected by the	6359
filing of a written statement by such candidate announcing the	6360
candidate's withdrawal and requesting that the candidate's name	6361
not be printed on the ballots. If such candidate's declaration of	6362
candidacy or nominating petition was filed with the secretary of	6363
state, the candidate's statement of withdrawal shall be addressed	6364
to and filed with the secretary of state. If such candidate's	6365
declaration of candidacy or nominating petition was filed with a	6366
board of elections, the candidate's statement of withdrawal shall	6367
be addressed to and filed with such board.	6368

(E) When a person withdraws under division (B) or (D) of this	6369
section on or before the seventieth day before the day of the	6370
~~primary~~ election at which the person's candidacy is to appear on	6371
the ballot, the board of elections shall remove the name of the	6372
withdrawn candidate from the ballots according to the directions	6373
of the secretary of state. When a person withdraws under division	6374
(B) or (D) of this section after the seventieth day before the day	6375
of the ~~primary~~ election at which the person's candidacy is to	6376
appear on the ballot, the board of elections shall not remove the	6377
name of the withdrawn candidate from the ballots. The board of	6378
elections shall post a notice at each polling place on the day of	6379
the ~~primary~~ election, and shall enclose with each absent voter's	6380
ballot given or mailed after the candidate withdraws, a notice	6381
that votes for the withdrawn candidate will be void and will not	6382
be counted. If the name is not removed from all ballots before the	6383
day of the election, the votes for the withdrawn candidate are	6384
void and shall not be counted.	6385

Sec. 3513.31. (A) If a person nominated in a primary	6386
election as a candidate for election at the next general election,	6387
whose candidacy is to be submitted to the electors of the entire	6388
state, withdraws as that candidate or is disqualified as that	6389
candidate under section 3513.052 of the Revised Code, the vacancy	6390
in the party nomination so created may be filled by the state	6391
central committee of the major political party that made the	6392
nomination at the primary election, if the committee's chairperson	6393
and secretary certify the name of the person selected to fill the	6394
vacancy by the time specified in this division, at a meeting	6395
called for that purpose. The meeting shall be called by the	6396
chairperson of that committee, who shall give each member of the	6397
committee at least two days' notice of the time, place, and	6398
purpose of the meeting. If a majority of the members of the	6399
committee are present at the meeting, a majority of those present	6400
may select a person to fill the vacancy. The chairperson and	6401
secretary of the meeting shall certify in writing and under oath	6402
to the secretary of state, not later than the eighty-sixth day	6403
before the day of the general election, the name of the person	6404
selected to fill the vacancy. The certification must be	6405
accompanied by the written acceptance of the nomination by the	6406
person whose name is certified. A vacancy that may be filled by an	6407
intermediate or minor political party shall be filled in	6408
accordance with the party's rules by authorized officials of the	6409
party. Certification must be made as in the manner provided for a	6410
major political party.	6411

(B) If a person nominated in a primary election as a party	6412
candidate for election at the next general election, whose	6413
candidacy is to be submitted to the electors of a district	6414
comprised of more than one county but less than all of the	6415
counties of the state, withdraws as that candidate or is	6416
disqualified as that candidate under section 3513.052 of the	6417
Revised Code, the vacancy in the party nomination so created may	6418
be filled by a district committee of the major political party	6419
that made the nomination at the primary election, if the	6420
committee's chairperson and secretary certify the name of the	6421
person selected to fill the vacancy by the time specified in this	6422
division, at a meeting called for that purpose. The district	6423
committee shall consist of the chairperson and secretary of the	6424
county central committee of such political party in each county in	6425
the district. The district committee shall be called by the	6426
chairperson of the county central committee of such political	6427
party of the most populous county in the district, who shall give	6428
each member of the district committee at least two days' notice of	6429
the time, place, and purpose of the meeting. If a majority of the	6430
members of the district committee are present at the district	6431
committee meeting, a majority of those present may select a person	6432
to fill the vacancy. The chairperson and secretary of the meeting	6433
shall certify in writing and under oath to the board of elections	6434
of the most populous county in the district, not later than four	6435
p.m. of the eighty-sixth day before the day of the general	6436
election, the name of the person selected to fill the vacancy. The	6437
certification must be accompanied by the written acceptance of the	6438
nomination by the person whose name is certified. A vacancy that	6439
may be filled by an intermediate or minor political party shall be	6440
filled in accordance with the party's rules by authorized	6441
officials of the party. Certification must be made as in the	6442
manner provided for a major political party.	6443

(C) If a person nominated in a primary election as a party	6444
candidate for election at the next general election, whose	6445
candidacy is to be submitted to the electors of a county,	6446
withdraws as that candidate or is disqualified as that candidate	6447
under section 3513.052 of the Revised Code, the vacancy in the	6448
party nomination so created may be filled by the county central	6449
committee of the major political party that made the nomination at	6450
the primary election, or by the county executive committee if so	6451
authorized, if the committee's chairperson and secretary certify	6452
the name of the person selected to fill the vacancy by the time	6453
specified in this division, at a meeting called for that purpose.	6454
The meeting shall be called by the chairperson of that committee,	6455
who shall give each member of the committee at least two days'	6456
notice of the time, place, and purpose of the meeting. If a	6457
majority of the members of the committee are present at the	6458
meeting, a majority of those present may select a person to fill	6459
the vacancy. The chairperson and secretary of the meeting shall	6460
certify in writing and under oath to the board of that county, not	6461
later than four p.m. of the eighty-sixth day before the day of the	6462
general election, the name of the person selected to fill the	6463
vacancy. The certification must be accompanied by the written	6464
acceptance of the nomination by the person whose name is	6465
certified. A vacancy that may be filled by an intermediate or	6466
minor political party shall be filled in accordance with the	6467
party's rules by authorized officials of the party. Certification	6468
must be made as in the manner provided for a major political	6469
party.	6470

(D) If a person nominated in a primary election as a party	6471
candidate for election at the next general election, whose	6472
candidacy is to be submitted to the electors of a district within	6473
a county, withdraws as that candidate or is disqualified as that	6474
candidate under section 3513.052 of the Revised Code, the vacancy	6475
in the party nomination so created may be filled by a district	6476
committee consisting of those members of the county central	6477
committee or, if so authorized, those members of the county	6478
executive committee in that county of the major political party	6479
that made the nomination at the primary election who represent the	6480
precincts or the wards and townships within the district, if the	6481
committee's chairperson and secretary certify the name of the	6482
person selected to fill the vacancy by the time specified in this	6483
division, at a meeting called for that purpose. The district	6484
committee meeting shall be called by the chairperson of the county	6485
central committee or executive committee, as appropriate, who	6486
shall give each member of the district committee at least two	6487
days' notice of the time, place, and purpose of the meeting. If a	6488
majority of the members of the district committee are present at	6489
the district committee meeting, a majority of those present may	6490
select a person to fill the vacancy. The chairperson and secretary	6491
of the district committee meeting shall certify in writing and	6492
under oath to the board of the county, not later than four p.m. of	6493
the eighty-sixth day before the day of the general election, the	6494
name of the person selected to fill the vacancy. The certification	6495
must be accompanied by the written acceptance of the nomination by	6496
the person whose name is certified. A vacancy that may be filled	6497
by an intermediate or minor political party shall be filled in	6498
accordance with the party's rules by authorized officials of the	6499
party. Certification must be made as in the manner provided for a	6500
major political party.	6501

(E) If a person nominated in a primary election as a party	6502
candidate for election at the next general election, whose	6503
candidacy is to be submitted to the electors of a subdivision	6504
within a county, withdraws as that candidate or is disqualified as	6505
that candidate under section 3513.052 of the Revised Code, the	6506
vacancy in the party nomination so created may be filled by a	6507
subdivision committee consisting of those members of the county	6508
central committee or, if so authorized, those members of the	6509
county executive committee in that county of the major political	6510
party that made the nomination at that primary election who	6511
represent the precincts or the wards and townships within that	6512
subdivision, if the committee's chairperson and secretary certify	6513
the name of the person selected to fill the vacancy by the time	6514
specified in this division, at a meeting called for that purpose.	6515

The subdivision committee meeting shall be called by the	6516
chairperson of the county central committee or executive	6517
committee, as appropriate, who shall give each member of the	6518
subdivision committee at least two days' notice of the time,	6519
place, and purpose of the meeting. If a majority of the members of	6520
the subdivision committee are present at the subdivision committee	6521
meeting, a majority of those present may select a person to fill	6522
the vacancy. The chairperson and secretary of the subdivision	6523
committee meeting shall certify in writing and under oath to the	6524
board of the county, not later than four p.m. of the eighty-sixth	6525
day before the day of the general election, the name of the person	6526
selected to fill the vacancy. The certification must be	6527
accompanied by the written acceptance of the nomination by the	6528
person whose name is certified. A vacancy that may be filled by an	6529
intermediate or minor political party shall be filled in	6530
accordance with the party's rules by authorized officials of the	6531
party. Certification must be made in the manner provided for a	6532
major political party.	6533

(F) If a person nominated by petition as an independent or	6534
nonpartisan candidate for election at the next general election	6535
withdraws as that candidate or is disqualified as that candidate	6536
under section 3513.052 of the Revised Code, the vacancy so created	6537
may be filled by a majority of the committee of five, as	6538
designated on the candidate's nominating petition, if a member of	6539
that committee certifies in writing and under oath to the election	6540
officials with whom the candidate filed the candidate's nominating	6541
petition, not later than the eighty-sixth day before the day of	6542
the general election, the name of the person selected to fill the	6543
vacancy. The certification shall be accompanied by the written	6544
acceptance of the nomination by the person whose name is certified	6545
and shall be made in the manner provided for a major political	6546
party.	6547

(G) If a person nominated in a primary election as a party	6548
candidate for election at the next general election dies, the	6549
vacancy so created may be filled by the same committee in the same	6550
manner as provided in this section for the filling of similar	6551
vacancies created by withdrawals or disqualifications under	6552
section 3513.052 of the Revised Code, except that the	6553
certification, when filling a vacancy created by death, may not be	6554
filed with the secretary of state, or with a board of the most	6555
populous county of a district, or with the board of a county in	6556
which the major portion of the population of a subdivision is	6557
located, later than four p.m. of the tenth day before the day of	6558
such general election, or with any other board later than four	6559
p.m. of the fifth day before the day of such general election.	6560

(H) If a person nominated by petition as an independent or	6561
nonpartisan candidate for election at the next general election	6562
dies prior to the tenth day before the day of that general	6563
election, the vacancy so created may be filled by a majority of	6564
the committee of five designated in the nominating petition to	6565
represent the candidate named in it. To fill the vacancy a member	6566
of the committee shall, not later than four p.m. of the fifth day	6567
before the day of the general election, file with the election	6568
officials with whom the petition nominating the person was filed,	6569
a certificate signed and sworn to under oath by a majority of the	6570
members, designating the person they select to fill the vacancy.	6571
The certification must be accompanied by the written acceptance of	6572
the nomination by the person whose name is so certified.	6573

(I) If a person holding an elective office dies or, resigns,	6574
retires, is removed, or otherwise vacates that office subsequent	6575
to the one hundred fifteenth day before the day of a primary	6576
election and prior to the eighty-sixth day before the day of the	6577
next general election, and if, under the laws of this state, a	6578
person may be elected at that general election to fill the	6579
unexpired term ~~of the person who has died or resigned~~, the	6580
appropriate committee of each political party, acting as in the	6581
case of a vacancy in a party nomination, as provided in divisions	6582
(A) to (D) of this section, may select a person as the party	6583
candidate for election for such unexpired term at that general	6584
election, and certify the person's name to the appropriate	6585
election official not later than four p.m. on the eighty-sixth day	6586
before the day of that general election, or on the tenth day	6587
following the day on which the vacancy occurs, whichever is later.	6588
When the vacancy occurs on or subsequent to the eighty-sixth day	6589
and prior to the fifty-sixth day before the general election, the	6590
appropriate committee may select a person as the party candidate	6591
and certify the person's name, as provided in the preceding	6592
sentence, not later than four p.m. on the fiftieth day before the	6593
general election. Thereupon the name shall be printed as the party	6594
candidate under proper titles and in the proper place on the	6595
proper ballots for use at the election. If a person has been	6596
nominated in a primary election, the authorized committee of that	6597
political party shall not select and certify a person as the party	6598
candidate.	6599

(J) Each person desiring to become an independent candidate	6600
to fill the unexpired term shall file a statement of candidacy and	6601
nominating petition, as provided in section 3513.261 of the	6602
Revised Code, with the appropriate election official not later	6603
than four p.m. on the tenth day following the day on which the	6604
vacancy occurs, provided that when the vacancy occurs fewer than	6605
six days before the fifty-sixth day before the general election,	6606
the deadline for filing shall be four p.m. on the fiftieth day	6607
before the general election. The nominating petition shall contain	6608
at least seven hundred fifty signatures and no more than one	6609
thousand five hundred signatures of qualified electors of the	6610
district, political subdivision, or portion of a political	6611
subdivision in which the office is to be voted upon, or the amount	6612
provided for in section 3513.257 of the Revised Code, whichever is	6613
less.	6614

(K) When a person nominated as a candidate by a political	6615
party in a primary election or by nominating petition for an	6616
elective office for which candidates are nominated at a party	6617
primary election withdraws, dies, or is disqualified under section	6618
3513.052 of the Revised Code prior to the general election, the	6619
appropriate committee of any other major political party or	6620
committee of five that has not nominated a candidate for that	6621
office, or whose nominee as a candidate for that office has	6622
withdrawn, died, or been disqualified without the vacancy so	6623
created having been filled, may, acting as in the case of a	6624
vacancy in a party nomination or nomination by petition as	6625
provided in divisions (A) to (F) of this section, whichever is	6626
appropriate, select a person as a candidate of that party or of	6627
that committee of five for election to the office.	6628

Sec. 3515.04. At the time and place fixed for making a	6629
recount, the board of elections, in the presence of all observers	6630
who may be in attendance, shall open the sealed containers	6631
containing the ballots to be recounted, and shall recount them. If	6632
~~a county used punch card ballots and if a chad is attached to a~~	6633
~~punch card ballot by three or four corners, the voter shall be~~	6634
~~deemed by the board not to have recorded a candidate, question, or~~	6635
~~issue choice at the particular position on the ballot, and a vote~~	6636
~~shall not be counted at that particular position on the ballot in~~	6637
~~the recount.~~ Ballots shall be handled only by the members of the	6638
board or by the director or other employees of the board.	6639
Observers shall be permitted to see the ballots, but they shall	6640
not be permitted to touch them, and the board shall not permit the	6641
counting or tabulation of votes shown on the ballots for any	6642
nomination, or for election to any office or position, or upon any	6643
question or issue, other than the votes shown on such ballots for	6644
the nomination, election, question, or issue concerning which a	6645
recount of ballots was applied for.	6646

At any time before the ballots from all of the precincts	6647
listed in an application for the recount or involved in a recount	6648
pursuant to section 3515.011 of the Revised Code have been	6649
recounted, the applicant or declared losing candidate or nominee	6650
or each of the declared losing candidates or nominees entitled to	6651
file a request prior to the commencement of a recount, as provided	6652
in section 3515.03 of the Revised Code, may file with the board a	6653
written request to stop the recount and not recount the ballots	6654
from the precincts so listed that have not been recounted prior to	6655
the time of the request. If, upon the request, the board finds	6656
that results of the votes in the precincts recounted, if	6657
substituted for the results of the votes in those precincts as	6658
shown in the abstract of the votes in those precincts, would not	6659
cause the applicant, if a person for whom votes were cast for	6660
nomination or election, to be declared nominated or elected or if	6661
an election upon a question or issue would not cause a result	6662
contrary to the result as declared prior to such recount, it shall	6663
grant the request and shall not recount the ballots of the	6664
precincts listed in the application for recount that have not been	6665
recounted prior to that time. If the board finds otherwise, it	6666
shall deny the request and shall continue to recount ballots until	6667
the ballots from all of the precincts listed in the application	6668
for recount have been recounted; provided that, if the request is	6669
denied, it may be renewed from time to time. Upon any such	6670
renewal, the board shall consider and act upon the request in the	6671
same manner as provided in this section in connection with an	6672
original request.	6673

~~As used in this section, "chad" and "punch card ballot" have~~	6674
~~the same meanings as in section 3506.16 of the Revised Code.~~	6675

Sec. 3517.01. (A)(1) A political party within the meaning of	6676
Title XXXV of the Revised Code is any group of voters that, at the	6677
most recent regular state election, polled for its candidate for	6678
governor in the state or nominees for presidential electors at	6679
least five per cent of the entire vote cast for that office or	6680
that filed with the secretary of state, subsequent to any election	6681
in which it received less than five per cent of that vote, a	6682
petition signed by qualified electors equal in number to at least	6683
one-quarter of one per cent of the total vote for governor or	6684
nominees for presidential electors at the most recent election,	6685
declaring their intention of organizing a political party, the	6686
name of which shall be stated in the declaration, and of	6687
participating in the succeeding primary election, held in	6688
even-numbered years, that occurs more than one hundred ~~twenty~~ days	6689
after the date of filing, and filing a subsequent petition signed	6690
by qualified electors equal in number to at least an additional	6691
one-quarter of one per cent of the total vote for governor or	6692
nominees for presidential electors at the most recent election not	6693
later than ninety days before the day of that primary election. No	6694

No such group of electors shall assume a name or designation	6695
that is similar, in the opinion of the secretary of state, to that	6696
of an existing political party as to confuse or mislead the voters	6697
at an election. If any political party fails to cast five per cent	6698
of the total vote cast at an election for the office of governor	6699
or president, it shall cease to be a political party.	6700

(2) A campaign committee shall be legally liable for any	6701
debts, contracts, or expenditures incurred or executed in its	6702
name.	6703

(B) Notwithstanding the definitions found in section 3501.01	6704
of the Revised Code, as used in this section and sections 3517.08	6705
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	6706

(1) "Campaign committee" means a candidate or a combination	6707
of two or more persons authorized by a candidate under section	6708
3517.081 of the Revised Code to receive contributions and make	6709
expenditures.	6710

(2) "Campaign treasurer" means an individual appointed by a	6711
candidate under section 3517.081 of the Revised Code.	6712

(3) "Candidate" has the same meaning as in division (H) of	6713
section 3501.01 of the Revised Code and also includes any person	6714
who, at any time before or after an election, receives	6715
contributions or makes expenditures or other use of contributions,	6716
has given consent for another to receive contributions or make	6717
expenditures or other use of contributions, or appoints a campaign	6718
treasurer, for the purpose of bringing about the person's	6719
nomination or election to public office. When two persons jointly	6720
seek the offices of governor and lieutenant governor, "candidate"	6721
means the pair of candidates jointly. "Candidate" does not include	6722
candidates for election to the offices of member of a county or	6723
state central committee, presidential elector, and delegate to a	6724
national convention or conference of a political party.	6725

(4) "Continuing association" means an association, other than	6726
a campaign committee, political party, legislative campaign fund,	6727
political contributing entity, or labor organization, that is	6728
intended to be a permanent organization that has a primary purpose	6729
other than supporting or opposing specific candidates, political	6730
parties, or ballot issues, and that functions on a regular basis	6731
throughout the year. "Continuing association" includes	6732
organizations that are determined to be not organized for profit	6733
under subsection 501 and that are described in subsection	6734
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	6735

(5) "Contribution" means a loan, gift, deposit, forgiveness	6736
of indebtedness, donation, advance, payment, or transfer of funds	6737
or anything of value, including a transfer of funds from an inter	6738
vivos or testamentary trust or decedent's estate, and the payment	6739
by any person other than the person to whom the services are	6740
rendered for the personal services of another person, which	6741
contribution is made, received, or used for the purpose of	6742
influencing the results of an election. Any loan, gift, deposit,	6743
forgiveness of indebtedness, donation, advance, payment, or	6744
transfer of funds or of anything of value, including a transfer of	6745
funds from an inter vivos or testamentary trust or decedent's	6746
estate, and the payment by any campaign committee, political	6747
action committee, legislative campaign fund, political party,	6748
political contributing entity, or person other than the person to	6749
whom the services are rendered for the personal services of	6750
another person, that is made, received, or used by a state or	6751
county political party, other than moneys a state or county	6752
political party receives from the Ohio political party fund	6753
pursuant to section 3517.17 of the Revised Code and the moneys a	6754
state or county political party may receive under sections	6755
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be	6756
considered to be a "contribution" for the purpose of section	6757
3517.10 of the Revised Code and shall be included on a statement	6758
of contributions filed under that section.	6759

"Contribution" does not include any of the following:

6760

(a) Services provided without compensation by individuals	6761
volunteering a portion or all of their time on behalf of a person;	6762

(b) Ordinary home hospitality;

6763

(c) The personal expenses of a volunteer paid for by that	6764
volunteer campaign worker;	6765

(d) Any gift given to a state or county political party	6766
pursuant to section 3517.101 of the Revised Code. As used in	6767
division (B)(5)(d) of this section, "political party" means only a	6768
major political party;	6769

(e) Any contribution as defined in section 3517.1011 of the	6770
Revised Code that is made, received, or used to pay the direct	6771
costs of producing or airing an electioneering communication;	6772

(f) Any gift given to a state or county political party for	6773
the party's restricted fund under division (A)(2) of section	6774
3517.1012 of the Revised Code;	6775

(g) Any gift given to a state political party for deposit in	6776
a Levin account pursuant to section 3517.1013 of the Revised Code.	6777
As used in this division, "Levin account" has the same meaning as	6778
in that section.	6779

(h) Any donation given to a transition fund under section	6780
3517.1014 of the Revised Code.	6781

(6) "Expenditure" means the disbursement or use of a	6782
contribution for the purpose of influencing the results of an	6783
election or of making a charitable donation under division (G) of	6784
section 3517.08 of the Revised Code. Any disbursement or use of a	6785
contribution by a state or county political party is an	6786
expenditure and shall be considered either to be made for the	6787
purpose of influencing the results of an election or to be made as	6788
a charitable donation under division (G) of section 3517.08 of the	6789
Revised Code and shall be reported on a statement of expenditures	6790
filed under section 3517.10 of the Revised Code. During the thirty	6791
days preceding a primary or general election, any disbursement to	6792
pay the direct costs of producing or airing a broadcast, cable, or	6793
satellite communication that refers to a clearly identified	6794
candidate shall be considered to be made for the purpose of	6795
influencing the results of that election and shall be reported as	6796
an expenditure or as an independent expenditure under section	6797
3517.10 or 3517.105 of the Revised Code, as applicable, except	6798
that the information required to be reported regarding	6799
contributors for those expenditures or independent expenditures	6800
shall be the same as the information required to be reported under	6801
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	6802

As used in this division, "broadcast, cable, or satellite	6803
communication" and "refers to a clearly identified candidate" have	6804
the same meanings as in section 3517.1011 of the Revised Code.	6805

(7) "Personal expenses" includes, but is not limited to,	6806
ordinary expenses for accommodations, clothing, food, personal	6807
motor vehicle or airplane, and home telephone.	6808

(8) "Political action committee" means a combination of two	6809
or more persons, the primary or major purpose of which is to	6810
support or oppose any candidate, political party, or issue, or to	6811
influence the result of any election through express advocacy, and	6812
that is not a political party, a campaign committee, a political	6813
contributing entity, or a legislative campaign fund. "Political	6814
action committee" does not include either of the following:	6815

(a) A continuing association that makes disbursements for the	6816
direct costs of producing or airing electioneering communications	6817
and that does not engage in express advocacy;	6818

(b) A political club that is formed primarily for social	6819
purposes and that consists of one hundred members or less, has	6820
officers and periodic meetings, has less than two thousand five	6821
hundred dollars in its treasury at all times, and makes an	6822
aggregate total contribution of one thousand dollars or less per	6823
calendar year.	6824

(9) "Public office" means any state, county, municipal,	6825
township, or district office, except an office of a political	6826
party, that is filled by an election and the offices of United	6827
States senator and representative.	6828

(10) "Anything of value" has the same meaning as in section	6829
1.03 of the Revised Code.	6830

(11) "Beneficiary of a campaign fund" means a candidate, a	6831
public official or employee for whose benefit a campaign fund	6832
exists, and any other person who has ever been a candidate or	6833
public official or employee and for whose benefit a campaign fund	6834
exists.	6835

(12) "Campaign fund" means money or other property, including	6836
contributions.	6837

(13) "Public official or employee" has the same meaning as in	6838
section 102.01 of the Revised Code.	6839

(14) "Caucus" means all of the members of the house of	6840
representatives or all of the members of the senate of the general	6841
assembly who are members of the same political party.	6842

(15) "Legislative campaign fund" means a fund that is	6843
established as an auxiliary of a state political party and	6844
associated with one of the houses of the general assembly.	6845

(16) "In-kind contribution" means anything of value other	6846
than money that is used to influence the results of an election or	6847
is transferred to or used in support of or in opposition to a	6848
candidate, campaign committee, legislative campaign fund,	6849
political party, political action committee, or political	6850
contributing entity and that is made with the consent of, in	6851
coordination, cooperation, or consultation with, or at the request	6852
or suggestion of the benefited candidate, committee, fund, party,	6853
or entity. The financing of the dissemination, distribution, or	6854
republication, in whole or part, of any broadcast or of any	6855
written, graphic, or other form of campaign materials prepared by	6856
the candidate, the candidate's campaign committee, or their	6857
authorized agents is an in-kind contribution to the candidate and	6858
an expenditure by the candidate.	6859

(17) "Independent expenditure" means an expenditure by a	6860
person advocating the election or defeat of an identified	6861
candidate or candidates, that is not made with the consent of, in	6862
coordination, cooperation, or consultation with, or at the request	6863
or suggestion of any candidate or candidates or of the campaign	6864
committee or agent of the candidate or candidates. As used in	6865
division (B)(17) of this section:	6866

(a) "Person" means an individual, partnership, unincorporated	6867
business organization or association, political action committee,	6868
political contributing entity, separate segregated fund,	6869
association, or other organization or group of persons, but not a	6870
labor organization or a corporation unless the labor organization	6871
or corporation is a political contributing entity.	6872

(b) "Advocating" means any communication containing a message	6873
advocating election or defeat.	6874

(c) "Identified candidate" means that the name of the	6875
candidate appears, a photograph or drawing of the candidate	6876
appears, or the identity of the candidate is otherwise apparent by	6877
unambiguous reference.	6878

(d) "Made in coordination, cooperation, or consultation with,	6879
or at the request or suggestion of, any candidate or the campaign	6880
committee or agent of the candidate" means made pursuant to any	6881
arrangement, coordination, or direction by the candidate, the	6882
candidate's campaign committee, or the candidate's agent prior to	6883
the publication, distribution, display, or broadcast of the	6884
communication. An expenditure is presumed to be so made when it is	6885
any of the following:	6886

(i) Based on information about the candidate's plans,	6887
projects, or needs provided to the person making the expenditure	6888
by the candidate, or by the candidate's campaign committee or	6889
agent, with a view toward having an expenditure made;	6890

(ii) Made by or through any person who is, or has been,	6891
authorized to raise or expend funds, who is, or has been, an	6892
officer of the candidate's campaign committee, or who is, or has	6893
been, receiving any form of compensation or reimbursement from the	6894
candidate or the candidate's campaign committee or agent;	6895

(iii) Except as otherwise provided in division (D) of section	6896
3517.105 of the Revised Code, made by a political party in support	6897
of a candidate, unless the expenditure is made by a political	6898
party to conduct voter registration or voter education efforts.	6899

(e) "Agent" means any person who has actual oral or written	6900
authority, either express or implied, to make or to authorize the	6901
making of expenditures on behalf of a candidate, or means any	6902
person who has been placed in a position with the candidate's	6903
campaign committee or organization such that it would reasonably	6904
appear that in the ordinary course of campaign-related activities	6905
the person may authorize expenditures.	6906

(18) "Labor organization" means a labor union; an employee	6907
organization; a federation of labor unions, groups, locals, or	6908
other employee organizations; an auxiliary of a labor union,	6909
employee organization, or federation of labor unions, groups,	6910
locals, or other employee organizations; or any other bona fide	6911
organization in which employees participate and that exists for	6912
the purpose, in whole or in part, of dealing with employers	6913
concerning grievances, labor disputes, wages, hours, and other	6914
terms and conditions of employment.	6915

(19) "Separate segregated fund" means a separate segregated	6916
fund established pursuant to the Federal Election Campaign Act.	6917

(20) "Federal Election Campaign Act" means the "Federal	6918
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	6919
seq., as amended.	6920

(21) "Restricted fund" means the fund a state or county	6921
political party must establish under division (A)(1) of section	6922
3517.1012 of the Revised Code.	6923

(22) "Electioneering communication" has the same meaning as	6924
in section 3517.1011 of the Revised Code.	6925

(23) "Express advocacy" means a communication that contains	6926
express words advocating the nomination, election, or defeat of a	6927
candidate or that contains express words advocating the adoption	6928
or defeat of a question or issue, as determined by a final	6929
judgment of a court of competent jurisdiction.	6930

(24) "Political committee" has the same meaning as in section	6931
3517.1011 of the Revised Code.	6932

(25) "Political contributing entity" means any entity,	6933
including a corporation or labor organization, that may lawfully	6934
make contributions and expenditures and that is not an individual	6935
or a political action committee, continuing association, campaign	6936
committee, political party, legislative campaign fund, designated	6937
state campaign committee, or state candidate fund. For purposes of	6938
this division, "lawfully" means not prohibited by any section of	6939
the Revised Code, or authorized by a final judgment of a court of	6940
competent jurisdiction.	6941

Sec. 3517.012. (A) When a petition meeting the requirements	6942
of division (A)(1)(a) of section 3517.01 of the Revised Code	6943
declaring the intention to organize a political party is filed	6944
with the secretary of state, the new party comes into legal	6945
existence on the date of filing and is entitled to hold a primary	6946
election as set out in section 3513.01 of the Revised Code, at the	6947
primary election, held in even-numbered years that occurs more	6948
than one hundred ~~twenty~~ days after the date of filing.	6949

(B) When a petition meeting the requirements of division	6950
(A)(1)(b) of section 3517.01 of the Revised Code declaring the	6951
intention to organize a political party is filed with the	6952
secretary of state, the new party comes into legal existence on	6953
the date of filing and is entitled to certify the names of	6954
candidates for president and vice-president for the general	6955
election ballot, as specified in division (B)(3) of section	6956
3505.10 of the Revised Code, at the general election, held in the	6957
year in which a presidential primary election is conducted, that	6958
occurs more than eighty days after the date of filing.	6959

Sec. 3517.211. (A) No elected official of a county, township,	6960
municipal corporation, board of education, governing board of an	6961
educational service center, or other local political subdivision	6962
shall, during the ninety days before that elected official's name	6963
appears on the ballot at an election, produce or disseminate any	6964
mass mailing or any form of advertising from the official's office	6965
that includes the name or photograph of the elected official. A	6966
document or any form of advertising produced or disseminated	6967
during the ninety-day restricted period may include the name of	6968
the office the official holds, but shall not include the name or	6969
photograph of the official.	6970

(B) No violation of division (A) of this section occurs, and	6971
no fine shall be imposed under section 3517.992 of the Revised	6972
Code, if an elected official who is subject to the provisions of	6973
division (A) of this section sends out normal office	6974
correspondence using office letterhead that is issued on a regular	6975
schedule throughout the year during the ninety days before the	6976
date of any election at which the elected official's name will	6977
appear on the ballot.	6978

Sec. 3517.992. This section establishes penalties only with	6979
respect to acts or failures to act that occur on and after August	6980
24, 1995.	6981

(A)(1) A candidate whose campaign committee violates division	6982
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	6983
or a treasurer of a campaign committee who violates any of those	6984
divisions, shall be fined not more than one hundred dollars for	6985
each day of violation.	6986

(2) Whoever violates division (E) or (X)(5) of section	6987
3517.13 or division (E)(1) of section 3517.1014 of the Revised	6988
Code shall be fined not more than one hundred dollars for each day	6989
of violation.	6990

(B) A political party that violates division (F)(1) of	6991
section 3517.101 of the Revised Code shall be fined not more than	6992
one hundred dollars for each day of violation.	6993

(C) Whoever violates division (F)(2) of section 3517.101,	6994
division (G) of section 3517.13, or division (E)(2) or (3) of	6995
section 3517.1014 of the Revised Code shall be fined not more than	6996
ten thousand dollars or, if the offender is a person who was	6997
nominated or elected to public office, shall forfeit the	6998
nomination or the office to which the offender was elected, or	6999
both.	7000

(D) Whoever violates division (F) of section 3517.13 of the	7001
Revised Code shall be fined not more than three times the amount	7002
contributed.	7003

(E) Whoever violates division (H) of section 3517.13 of the	7004
Revised Code shall be fined not more than one hundred dollars.	7005

(F) Whoever violates division (O), (P), or (Q) of section	7006
3517.13 of the Revised Code is guilty of a misdemeanor of the	7007
first degree.	7008

(G) A state or county committee of a political party that	7009
violates division (B)(1) of section 3517.18 of the Revised Code	7010
shall be fined not more than twice the amount of the improper	7011
expenditure.	7012

(H) A state or county political party that violates division	7013
(G) of section 3517.101 of the Revised Code shall be fined not	7014
more than twice the amount of the improper expenditure or use.	7015

(I)(1) Any individual who violates division (B)(1) of section	7016
3517.102 of the Revised Code and knows that the contribution the	7017
individual makes violates that division shall be fined an amount	7018
equal to three times the amount contributed in excess of the	7019
amount permitted by that division.	7020

(2) Any political action committee that violates division	7021
(B)(2) of section 3517.102 of the Revised Code shall be fined an	7022
amount equal to three times the amount contributed in excess of	7023
the amount permitted by that division.	7024

(3) Any campaign committee that violates division (B)(3) or	7025
(5) of section 3517.102 of the Revised Code shall be fined an	7026
amount equal to three times the amount contributed in excess of	7027
the amount permitted by that division.	7028

(4)(a) Any legislative campaign fund that violates division	7029
(B)(6) of section 3517.102 of the Revised Code shall be fined an	7030
amount equal to three times the amount transferred or contributed	7031
in excess of the amount permitted by that division, as applicable.	7032

(b) Any state political party, county political party, or	7033
state candidate fund of a state political party or county	7034
political party that violates division (B)(6) of section 3517.102	7035
of the Revised Code shall be fined an amount equal to three times	7036
the amount transferred or contributed in excess of the amount	7037
permitted by that division, as applicable.	7038

(c) Any political contributing entity that violates division	7039
(B)(7) of section 3517.102 of the Revised Code shall be fined an	7040
amount equal to three times the amount contributed in excess of	7041
the amount permitted by that division.	7042

(5) Any political party that violates division (B)(4) of	7043
section 3517.102 of the Revised Code shall be fined an amount	7044
equal to three times the amount contributed in excess of the	7045
amount permitted by that division.	7046

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	7047
of this section, no violation of division (B) of section 3517.102	7048
of the Revised Code occurs, and the secretary of state shall not	7049
refer parties to the Ohio elections commission, if the amount	7050
transferred or contributed in excess of the amount permitted by	7051
that division meets either of the following conditions:	7052

(a) It is completely refunded within five business days after	7053
it is accepted.	7054

(b) It is completely refunded on or before the tenth business	7055
day after notification to the recipient of the excess transfer or	7056
contribution by the board of elections or the secretary of state	7057
that a transfer or contribution in excess of the permitted amount	7058
has been received.	7059

(J)(1) Any campaign committee that violates division (C)(1),	7060
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	7061
fined an amount equal to three times the amount accepted in excess	7062
of the amount permitted by that division.	7063

(2)(a) Any county political party that violates division	7064
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	7065
shall be fined an amount equal to three times the amount accepted.	7066

(b) Any county political party that violates division	7067
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	7068
fined an amount from its state candidate fund equal to three times	7069
the amount accepted in excess of the amount permitted by that	7070
division.	7071

(c) Any state political party that violates division	7072
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	7073
an amount from its state candidate fund equal to three times the	7074
amount accepted in excess of the amount permitted by that	7075
division.	7076

(3) Any legislative campaign fund that violates division	7077
(C)(5) of section 3517.102 of the Revised Code shall be fined an	7078
amount equal to three times the amount accepted in excess of the	7079
amount permitted by that division.	7080

(4) Any political action committee or political contributing	7081
entity that violates division (C)(7) of section 3517.102 of the	7082
Revised Code shall be fined an amount equal to three times the	7083
amount accepted in excess of the amount permitted by that	7084
division.	7085

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	7086
this section, no violation of division (C) of section 3517.102 of	7087
the Revised Code occurs, and the secretary of state shall not	7088
refer parties to the Ohio elections commission, if the amount	7089
transferred or contributed in excess of the amount permitted to be	7090
accepted by that division meets either of the following	7091
conditions:	7092

(a) It is completely refunded within five business days after	7093
its acceptance.	7094

(b) It is completely refunded on or before the tenth business	7095
day after notification to the recipient of the excess transfer or	7096
contribution by the board of elections or the secretary of state	7097
that a transfer or contribution in excess of the permitted amount	7098
has been received.	7099

(K)(1) Any legislative campaign fund that violates division	7100
(F)(1) of section 3517.102 of the Revised Code shall be fined	7101
twenty-five dollars for each day of violation.	7102

(2) Any legislative campaign fund that violates division	7103
(F)(2) of section 3517.102 of the Revised Code shall give to the	7104
treasurer of state for deposit into the state treasury to the	7105
credit of the Ohio elections commission fund all excess	7106
contributions not disposed of as required by division (E) of	7107
section 3517.102 of the Revised Code.	7108

(L) Whoever violates section 3517.105 of the Revised Code	7109
shall be fined one thousand dollars.	7110

(M)(1) Whoever solicits a contribution in violation of	7111
section 3517.092 or violates division (B) of section 3517.09 of	7112
the Revised Code is guilty of a misdemeanor of the first degree.	7113

(2) Whoever knowingly accepts a contribution in violation of	7114
division (B) or (C) of section 3517.092 of the Revised Code shall	7115
be fined an amount equal to three times the amount accepted in	7116
violation of either of those divisions and shall return to the	7117
contributor any amount so accepted. Whoever unknowingly accepts a	7118
contribution in violation of division (B) or (C) of section	7119
3517.092 of the Revised Code shall return to the contributor any	7120
amount so accepted.	7121

(N) Whoever violates division (S) of section 3517.13 of the	7122
Revised Code shall be fined an amount equal to three times the	7123
amount of funds transferred or three times the value of the assets	7124
transferred in violation of that division.	7125

(O) Any campaign committee that accepts a contribution or	7126
contributions in violation of section 3517.108 of the Revised	7127
Code, uses a contribution in violation of that section, or fails	7128
to dispose of excess contributions in violation of that section	7129
shall be fined an amount equal to three times the amount accepted,	7130
used, or kept in violation of that section.	7131

(P) Any political party, state candidate fund, legislative	7132
candidate fund, or campaign committee that violates division (T)	7133
of section 3517.13 of the Revised Code shall be fined an amount	7134
equal to three times the amount contributed or accepted in	7135
violation of that section.	7136

(Q) A treasurer of a committee or another person who violates	7137
division (U) of section 3517.13 of the Revised Code shall be fined	7138
not more than two hundred fifty dollars.	7139

(R) Whoever violates division (I) or (J) of section 3517.13	7140
of the Revised Code shall be fined not more than one thousand	7141
dollars. Whenever a person is found guilty of violating division	7142
(I) or (J) of section 3517.13 of the Revised Code, the contract	7143
awarded in violation of either of those divisions shall be	7144
rescinded if its terms have not yet been performed.	7145

(S) A candidate whose campaign committee violates or a	7146
treasurer of a campaign committee who violates section 3517.081 of	7147
the Revised Code, and a candidate whose campaign committee	7148
violates or a treasurer of a campaign committee or another person	7149
who violates division (C) of section 3517.10 of the Revised Code,	7150
shall be fined not more than five hundred dollars.	7151

(T) A candidate whose campaign committee violates or a	7152
treasurer of a committee who violates division (B) of section	7153
3517.09 of the Revised Code, or a candidate whose campaign	7154
committee violates or a treasurer of a campaign committee or	7155
another person who violates division (C) of section 3517.09 of the	7156
Revised Code shall be fined not more than one thousand dollars.	7157

(U) Whoever violates section 3517.20 of the Revised Code	7158
shall be fined not more than five hundred dollars.	7159

(V) Whoever violates section 3517.21 or 3517.22 of the	7160
Revised Code shall be imprisoned for not more than six months or	7161
fined not more than five thousand dollars, or both.	7162

(W) A campaign committee that is required to file a	7163
declaration of no limits under division (D)(2) of section 3517.103	7164
of the Revised Code that, before filing that declaration, accepts	7165
a contribution or contributions that exceed the limitations	7166
prescribed in section 3517.102 of the Revised Code, shall return	7167
that contribution or those contributions to the contributor.	7168

(X) Any campaign committee that fails to file the declaration	7169
of filing-day finances required by division (F) of section	7170
3517.109 of the Revised Code or the declaration of primary-day	7171
finances or declaration of year-end finances required by division	7172
(E) of section 3517.1010 of the Revised Code shall be fined	7173
twenty-five dollars for each day of violation.	7174

(Y)(1) Any campaign committee that fails to dispose of excess	7175
funds or excess aggregate contributions under division (B) of	7176
section 3517.109 of the Revised Code in the manner required by	7177
division (C) of that section or under division (B) of section	7178
3517.1010 of the Revised Code in the manner required by division	7179
(C) of that section shall give to the treasurer of state for	7180
deposit into the Ohio elections commission fund created under	7181
division (I) of section 3517.152 of the Revised Code all funds not	7182
disposed of pursuant to those divisions.	7183

(2) Any treasurer of a transition fund that fails to dispose	7184
of assets remaining in the transition fund as required under	7185
division (H)(1) or (2) of section 3517.1014 of the Revised Code	7186
shall give to the treasurer of state for deposit into the Ohio	7187
elections commission fund all assets not disposed of pursuant to	7188
that division.	7189

(Z) Any individual, campaign committee, political action	7190
committee, political contributing entity, legislative campaign	7191
fund, political party, treasurer of a transition fund, or other	7192
entity that violates any provision of sections 3517.09 to 3517.12	7193
of the Revised Code for which no penalty is provided for under any	7194
other division of this section shall be fined not more than one	7195
thousand dollars.	7196

(AA)(1) Whoever knowingly violates division (W)(1) of section	7197
3517.13 of the Revised Code shall be fined an amount equal to	7198
three times the amount contributed, expended, or promised in	7199
violation of that division or ten thousand dollars, whichever	7200
amount is greater.	7201

(2) Whoever knowingly violates division (W)(2) of section	7202
3517.13 of the Revised Code shall be fined an amount equal to	7203
three times the amount solicited or accepted in violation of that	7204
division or ten thousand dollars, whichever amount is greater.	7205

(BB) Whoever knowingly violates division (C) or (D) of	7206
section 3517.1011 of the Revised Code shall be fined not more than	7207
ten thousand dollars plus not more than one thousand dollars for	7208
each day of violation.	7209

(CC)(1) Subject to division (CC)(2) of this section, whoever	7210
violates division (H) of section 3517.1011 of the Revised Code	7211
shall be fined an amount up to three times the amount disbursed	7212
for the direct costs of airing the communication made in violation	7213
of that division.	7214

(2) Whoever has been ordered by the Ohio elections commission	7215
or by a court of competent jurisdiction to cease making	7216
communications in violation of division (H) of section 3517.1011	7217
of the Revised Code who again violates that division shall be	7218
fined an amount equal to three times the amount disbursed for the	7219
direct costs of airing the communication made in violation of that	7220
division.	7221

(DD)(1) Any corporation or labor organization that violates	7222
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	7223
fined an amount equal to three times the amount given in excess of	7224
the amount permitted by that division.	7225

(2) Any state or county political party that violates	7226
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	7227
fined an amount equal to three times the amount accepted in excess	7228
of the amount permitted by that division.	7229

(EE)(1) Any campaign committee or person who violates	7230
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code	7231
shall be fined an amount equal to three times the amount donated	7232
in excess of the amount permitted by that division.	7233

(2) Any officeholder or treasurer of a transition fund who	7234
violates division (C)(3)(a) or (b) of section 3517.1014 of the	7235
Revised Code shall be fined an amount equal to three times the	7236
amount accepted in excess of the amount permitted by that	7237
division.	7238

(FF) Whoever violates division (A) of section 3517.211 of the	7239
Revised Code shall be fined an amount equal to at least three	7240
times the cost of producing and disseminating the document or paid	7241
for the advertising, which amount shall be paid to the political	7242
subdivision the elected official of which produced or disseminated	7243
the document or paid for the advertising, and such person shall be	7244
subject to any applicable penalties for any other violations of	7245
this chapter the person may have committed.	7246

Sec. 3519.01. (A) Only one proposal of law or constitutional	7247
amendment to be proposed by initiative petition shall be contained	7248
in an initiative petition to enable the voters to vote on that	7249
proposal separately. A petition shall include the text of any	7250
existing statute or constitutional provision that would be amended	7251
or repealed if the proposed law or constitutional amendment is	7252
adopted.	7253

Whoever seeks to propose a law or constitutional amendment by	7254
initiative petition shall, by a written petition signed by one	7255
thousand qualified electors, submit the proposed law or	7256
constitutional amendment and a summary of it to the attorney	7257
general for examination. Within ten days after the receipt of the	7258
written petition and the summary of it, the attorney general shall	7259
conduct an examination of the summary. If, in the opinion of the	7260
attorney general, the summary is a fair and truthful statement of	7261
the proposed law or constitutional amendment, the attorney general	7262
shall so certify and then forward the submitted petition to the	7263
Ohio ballot board for its approval under division (A) of section	7264
3505.062 of the Revised Code. If the Ohio ballot board returns the	7265
submitted petition to the attorney general with its certification	7266
as described in that division, the attorney general shall then	7267
file with the secretary of state a verified copy of the proposed	7268
law or constitutional amendment together with its summary and the	7269
attorney general's certification.	7270

Whenever the Ohio ballot board divides an initiative petition	7271
into individual petitions containing only one proposed law or	7272
constitutional amendment under division (A) of section 3505.062 of	7273
the Revised Code resulting in the need for the petitioners to	7274
resubmit to the attorney general appropriate summaries for each of	7275
the individual petitions arising from the board's division of the	7276
initiative petition, the attorney general shall review the	7277
resubmitted summaries, within ten days after their receipt, to	7278
determine if they are a fair and truthful statement of the	7279
respective proposed laws or constitutional amendments and, if so,	7280
certify them. These resubmissions shall contain no new	7281
explanations or arguments. Then, the attorney general shall file	7282
with the secretary of state a verified copy of each of the	7283
proposed laws or constitutional amendments together with their	7284
respective summaries and the attorney general's certification of	7285
each.	7286

(B)(1) Whoever seeks to file a referendum petition against	7287
any law, section, or item in any law shall, by a written petition	7288
signed by one thousand qualified electors, submit the measure to	7289
be referred and a summary of it to the secretary of state and, on	7290
the same day or within one business day before or after that day,	7291
submit a copy of the petition, measure, and summary to the	7292
attorney general.	7293

(2) Not later than ten business days after receiving the	7294
petition, measure, and summary, the secretary of state shall do	7295
both of the following:	7296

(a) Have the validity of the signatures on the petition	7297
verified;	7298

(b) After comparing the text of the measure to be referred	7299
with the copy of the enrolled act on file in the secretary of	7300
state's office containing the law, section, or item of law,	7301
determine whether the text is correct and, if it is, so certify.	7302

(3) Not later than ten business days after receiving a copy	7303
of the petition, measure, and summary, the attorney general shall	7304
examine the summary and, if in the attorney general's opinion, the	7305
summary is a fair and truthful statement of the measure to be	7306
referred, so certify.	7307

(C) Any person who is aggrieved by a certification decision	7308
under division (A) or (B) of this section may challenge the	7309
certification or failure to certify of the attorney general in the	7310
supreme court, which shall have exclusive, original jurisdiction	7311
in all challenges of those certification decisions.	7312

Sec. 3519.16. ~~The circulator of any part-petition, the~~	7313
~~committee interested in the petition, or any elector may file with~~	7314
~~the board of elections a protest against the board's findings made~~	7315
~~pursuant to section 3519.15 of the Revised Code. Protests shall be~~	7316
~~in writing and shall specify reasons for the protest. Protests for~~	7317
~~all initiative and referendum petitions other than those to be~~	7318
~~voted on by electors throughout the entire state shall be filed~~	7319
~~not later than four p.m. of the seventy-fourth day before the day~~	7320
~~of the election. Once a protest is filed, the board shall proceed~~	7321
~~to establish the sufficiency or insufficiency of the signatures~~	7322
~~and of the verification of those signatures in an action before~~	7323
~~the court of common pleas in the county. The action shall be~~	7324
~~brought within three days after the protest is filed, and it shall~~	7325
~~be heard forthwith by a judge of that court, whose decision shall~~	7326
~~be certified to the board. The signatures that are adjudged~~	7327
~~sufficient or the part-petitions that are adjudged properly~~	7328
~~verified shall be included with the others by the board, and those~~	7329
~~found insufficient and all those part-petitions that are adjudged~~	7330
~~not properly verified shall not be included.~~(A) Pursuant to	7331
Section 1g of Article II, Ohio Constitution, the supreme court of	7332
Ohio shall have original, exclusive jurisdiction in all challenges	7333
to initiative and referendum petitions.	7334

(B) The petitioner of any petition shall include upon each	7335
part-petition filed with the secretary of state a designation of	7336
the county in which the part-petition was circulated and a number	7337
for each part-petition. In any county where part-petitions are	7338
circulated, each part-petition shall be numbered sequentially.	7339
Upon the filing of the petition with the secretary of state, the	7340
petitioner of any petition shall also file the following:	7341

(1) An electronic copy of the petition filed along with a	7342
verification that the electronic copy is a true representation of	7343
the original paper petition filed with the secretary of state;	7344

(2) A summary of the number of part-petitions filed per	7345
county and the number of signatures on each part-petition;	7346

(3) An index of the electronic copy.

7347

(C) For a request made under Chapter 149. of the Revised Code	7348
for the inspection or copying of the original petition filed with	7349
the secretary of state, the request is fulfilled when the	7350
secretary of state provides inspection of or copies of the	7351
electronic copy filed by the circulator of the petition. This	7352
section applies from the time of the initial filing of the	7353
petition with the secretary of state and remains applicable until	7354
the part-petitions are returned to the secretary of state from the	7355
local board of elections after a determination of sufficiency of	7356
the petition pursuant to section 3519.15 of the Revised Code.	7357

(D) Discrepancies between the electronic copy filed under	7358
division (B)(1) of this section and the original paper petitions	7359
as filed with the secretary of state shall not render the petition	7360
invalid. Discrepancies between a filed electronic copy and the	7361
original paper petition, if the product of fraud, shall be subject	7362
to criminal penalties under section 3599.36 of the Revised Code.	7363

(E) The properly verified part-petitions, together with the	7364
report of the board, shall be returned to the secretary of state	7365
~~not less than sixty days before the election, provided that, in~~	7366
~~the case of an initiated law to be presented to the general~~	7367
~~assembly, the boards shall promptly check and return the petitions~~	7368
~~together with their report~~. The secretary of state shall notify,	7369
by certified mail,~~the chairperson~~each member of the committee	7370
in charge of the circulation as to the sufficiency or	7371
insufficiency of the petition and the extent of the insufficiency.	7372

If the petition is found insufficient because of an	7373
insufficient number of valid signatures, the committee shall be	7374
allowed ten additional days after the ~~notification by~~first member	7375
of the committee receives notice of the petition's insufficiency	7376
by certified mail from the secretary of state for the filing of	7377
additional signatures to the petition. No additional signatures	7378
may be collected by the circulator of the petition until the	7379
secretary of state determines the sufficiency of the signatures	7380
that the circulator originally filed with the secretary of state.	7381
The part-petitions of the supplementary petition that appear to	7382
the secretary of state to be properly verified, upon their receipt	7383
by the secretary of state, shall forthwith be forwarded to the	7384
boards of the several counties together with the part-petitions of	7385
the original petition that have been properly verified. They shall	7386
be immediately examined and passed upon as to the validity and	7387
sufficiency of the signatures on them by each of the boards and	7388
returned within five days to the secretary of state with the	7389
report of each board. No signature on a supplementary	7390
part-petition that is the same as a signature on an original	7391
part-petition shall be counted. The number of signatures in both	7392
the original and supplementary petitions, properly verified, shall	7393
be used by the secretary of state in determining the total number	7394
of signatures to the petition that the secretary of state shall	7395
record and announce. If they are sufficient, the amendment,	7396
proposed law, or law shall be placed on the ballot as required by	7397
law. If the petition is found insufficient, the secretary of state	7398
shall notify the committee in charge of the circulation of the	7399
petition.	7400

Sec. 3599.07. No ~~judge of elections~~precinct election	7401
official, observer, or police officer admitted into the polling	7402
rooms at the election, at any time while the polls are open, shall	7403
have in the individual's possession, distribute, or give out any	7404
ballot or ticket to any person on any pretense during the	7405
receiving, counting, or certifying of the votes, or have any	7406
ballot or ticket in the individual's possession or control, except	7407
in the proper discharge of the individual's official duty in	7408
receiving, counting, or canvassing the votes. This section does	7409
not prevent the lawful exercise by a ~~judge of elections~~precinct	7410
election official or observer of the individual right to vote at	7411
such election.	7412

Sec. 3599.17. (A) No elections official serving as a	7413
registrar or ~~judge of elections~~precinct election official shall	7414
do any of the following:	7415

(1) Fail to appear before the board of elections, or its	7416
representative, after notice has been served personally upon the	7417
official or left at the official's usual place of residence, for	7418
examination as to the official's qualifications;	7419

(2) Fail to appear at the polling place to which the official	7420
is assigned at the hour and during the hours set for the	7421
registration or election;	7422

(3) Fail to take the oath prescribed by section 3501.31 of	7423
the Revised Code, unless excused by such board;	7424

(4) Refuse or sanction the refusal of another registrar or	7425
~~judge of elections~~precinct election official to administer an	7426
oath required by law;	7427

(5) Fail to send notice to the board of the appointment of a	7428
~~judge~~precinct election official to fill a vacancy;	7429

(6) Act as registrar or ~~judge~~precinct election official	7430
without having been appointed and having received a certificate of	7431
appointment, except a ~~judge~~precinct election official appointed	7432
to fill a vacancy caused by absence or removal;	7433

(7) Fail in any other way to perform any duty imposed by law.

7434

(B) Whoever violates division (A) of this section is guilty	7435
of a misdemeanor of the first degree.	7436

Sec. 3599.19. (A) No ~~judge of elections~~precinct election	7437
official shall knowingly do any of the following:	7438

(1) Unlawfully open or permit to be opened the sealed package	7439
containing registration lists, ballots, blanks, pollbooks, and	7440
other papers and material to be used in an election;	7441

(2) Unlawfully misplace, carry away, negligently lose or	7442
permit to be taken from the ~~judge~~precinct election official, fail	7443
to deliver, or destroy any such packages, papers, or material;	7444

(3) Receive or sanction the reception of a ballot from a	7445
person not a qualified elector or from a person who refused to	7446
answer a question in accordance with the election law;	7447

(4) Refuse to receive or sanction the rejection of a ballot	7448
from a person, knowing that person to be a qualified elector;	7449

(5) Permit a fraudulent ballot to be placed in the ballot	7450
box;	7451

(6) Place or permit to be placed in any ballot box any ballot	7452
known by the ~~judge~~precinct election official to be improperly or	7453
falsely marked;	7454

(7) Count or permit to be counted any illegal or fraudulent	7455
ballot;	7456

(8) Mislead an elector who is physically unable to prepare	7457
the elector's ballot, mark a ballot for such elector otherwise	7458
than as directed by that elector, or disclose to any person,	7459
except when legally required to do so, how such elector voted;	7460

(9) Alter or mark or permit any alteration or marking on any	7461
ballot when counting the ballots;	7462

(10) Unlawfully count or tally or sanction the wrongful	7463
counting or tallying of votes;	7464

(11) After the counting of votes commences, as required by	7465
law, postpone or sanction the postponement of the counting of	7466
votes, adjourn at any time or to any place, or remove the ballot	7467
box from the place of voting, or from the custody or presence of	7468
all the ~~judges of such elections~~precinct election officials;	7469

(12) Permit any ballot to remain or to be in the ballot box	7470
at the opening of the polls, or to be put in the box during the	7471
counting of the ballots, or to be left in the box without being	7472
counted;	7473

(13) Admit or sanction the admission to the polling room at	7474
an election during the receiving, counting, and certifying of	7475
votes of any person not qualified by law to be so admitted;	7476

(14) Refuse to admit or sanction the refusal to admit any	7477
person, upon lawful request for admission, who is legally	7478
qualified to be present;	7479

(15) Permit or sanction the counting of the ballots contrary	7480
to the manner prescribed by law;	7481

(16) Neglect or unlawfully execute any duty enjoined upon the	7482
~~judge~~precinct election official by law.	7483

(B) Whoever violates division (A) of this section is guilty	7484
of a misdemeanor of the first degree.	7485

Sec. 3599.31. No officer of the law shall fail to obey	7486
forthwith an order of the ~~presiding judge~~voting location manager	7487
and aid in enforcing a lawful order of the ~~presiding judges~~voting	7488
location manager at an election, against persons unlawfully	7489
congregating or loitering within one hundred feet of a polling	7490
place, hindering or delaying an elector from reaching or leaving	7491
the polling place, soliciting or attempting, within one hundred	7492
feet of the polling place, to influence an elector in casting the	7493
elector's vote, or interfering with the registration of voters or	7494
casting and counting of the ballots.	7495

Whoever violates this section is guilty of a misdemeanor of	7496
the first degree.	7497

Sec. 4301.32. The privilege of local option as to the sale	7498
of intoxicating liquors is hereby conferred upon the electors of	7499
an election precinct named by the petition authorized by section	7500
4301.33 of the Revised Code.	7501

Upon the request of an elector, a board of elections of a	7502
county that encompasses an election precinct shall furnish to the	7503
elector a copy of the instructions prepared by the secretary of	7504
state under division ~~(P)~~(A)(16) of section 3501.05 of the Revised	7505
Code and, within fifteen days after the request, with a	7506
certificate indicating the number of valid signatures that will be	7507
required upon a petition to hold a special election in that	7508
precinct on a question specified in section 4301.35 or 4301.351 of	7509
the Revised Code.	7510

Sec. 4301.334. (A) The privilege of local option conferred	7511
by section 4301.324 of the Revised Code may be exercised if, not	7512
later than four p.m. of the ninetieth day before the day of a	7513
general or primary election, a petition and other information	7514
required by division (B) of this section are presented to the	7515
board of elections of the county in which the community facility	7516
named in the petition is located. The petition shall be signed by	7517
electors of the municipal corporation or unincorporated area of	7518
the township in which the community facility is located equal in	7519
number to at least ten per cent of the total number of votes cast	7520
in the municipal corporation or unincorporated area of the	7521
township in which the community facility is located for the office	7522
of governor at the most recent general election for that office	7523
and shall contain both of the following:	7524

(1) A notice that the petition is for the submission of the	7525
question set forth in section 4301.356 of the Revised Code and a	7526
statement indicating whether the hours of Sunday sales sought in	7527
the local option election are between ten a.m. and midnight or	7528
between eleven a.m. and midnight;	7529

(2) The name and address of the community facility for which	7530
the local option election is sought and, if the community facility	7531
is a community entertainment district, the boundaries of the	7532
district.	7533

(B) Upon the request of a petitioner, a board of elections of	7534
a county shall furnish to the petitioner a copy of the	7535
instructions prepared by the secretary of state under division	7536
~~(P)~~(A)(16) of section 3501.05 of the Revised Code and, within	7537
fifteen days after the request, a certificate indicating the	7538
number of valid signatures that will be required on a petition to	7539
hold an election in the municipal corporation or unincorporated	7540
area of the township in which the community facility is located on	7541
the question specified in section 4301.356 of the Revised Code.	7542

The petitioner shall, not less than thirty days before the	7543
petition-filing deadline for an election on the question specified	7544
in section 4301.356 of the Revised Code, specify to the division	7545
of liquor control the name and address of the community facility	7546
for which the election is sought and, if the community facility is	7547
a community entertainment district, the boundaries of the	7548
district, the municipal corporation or unincorporated area of a	7549
township in which the election is sought, and the filing deadline.	7550
The division shall, within a reasonable period of time and not	7551
later than ten days before the filing deadline, supply the	7552
petitioner with the name and address of any permit holder for or	7553
within the community facility.	7554

The petitioner shall file the name and address of any permit	7555
holder who would be affected by the election at the time the	7556
petitioner files the petition with the board of elections. Within	7557
five days after receiving the petition, the board shall give	7558
notice by certified mail to any permit holder within the community	7559
facility that it has received the petition. Failure of the	7560
petitioner to supply the name and address of any permit holder for	7561
or within the community facility as furnished to the petitioner by	7562
the division invalidates the petition.	7563

(C) Not later than the seventy-eighth day before the day of	7564
the next general or primary election, whichever occurs first, the	7565
board shall examine and determine the sufficiency of the	7566
signatures on the petition. If the board finds that the petition	7567
is valid, it shall order the holding of an election in the	7568
municipal corporation or unincorporated area of a township on the	7569
day of the next general or primary election, whichever occurs	7570
first, for the submission of the question set forth in section	7571
4301.356 of the Revised Code.	7572

(D) A petition filed with a board of elections under this	7573
section shall be open to public inspection under rules adopted by	7574
the board.	7575

(E) An elector who is eligible to vote on the question set	7576
forth in section 4301.356 of the Revised Code or any permit holder	7577
for or within the community facility may, not later than four p.m.	7578
of the seventy-fourth day before the day of the election at which	7579
the question will be submitted to the electors, file a written	7580
protest against the local option petition with the board of	7581
elections with which the petition was filed. Upon the filing of	7582
the protest, the board shall promptly fix a time and place for	7583
hearing the protest and shall mail notice of the time and place to	7584
the person who filed the petition and to the person who filed the	7585
protest. At the time and place fixed, the board shall hear the	7586
protest and determine the validity of the petition.	7587

Sec. 4303.29. (A) No permit, other than an H permit, shall	7588
be issued to a firm or partnership unless all the members of the	7589
firm or partnership are citizens of the United States. No permit,	7590
other than an H permit, shall be issued to an individual who is	7591
not a citizen of the United States. No permit, other than an E or	7592
H permit, shall be issued to any corporation organized under the	7593
laws of any country, territory, or state other than this state	7594
until it has furnished the division of liquor control with	7595
evidence that it has complied with the laws of this state relating	7596
to the transaction of business in this state.	7597

The division may refuse to issue any permit to or refuse to	7598
renew any permit of any person convicted of any felony that is	7599
reasonably related to the person's fitness to operate a liquor	7600
permit business in this state. No holder of a permit shall sell,	7601
assign, transfer, or pledge the permit without the written consent	7602
of the division.	7603

(B)(1) No D-3 permit shall be issued to any club unless the	7604
club has been continuously engaged in the activity specified in	7605
section 4303.15 of the Revised Code, as a qualification for that	7606
class of permit, for two years at the time the permit is issued.	7607

(2)(a) Subject to division (B)(2)(b) of this section, upon	7608
application by properly qualified persons, one C-1 and C-2 permit	7609
shall be issued for each one thousand population or part of that	7610
population, and one D-1 and D-2 permit shall be issued for each	7611
two thousand population or part of that population, in each	7612
municipal corporation and in the unincorporated area of each	7613
township.	7614

Subject to division (B)(2)(b) of this section, not more than	7615
one D-3, D-4, or D-5 permit shall be issued for each two thousand	7616
population or part of that population in any municipal corporation	7617
and in the unincorporated area of any township, except that, in	7618
any city of a population of fifty-five thousand or more, one D-3	7619
permit may be issued for each fifteen hundred population or part	7620
of that population.	7621

(b)(i) Division (B)(2)(a) of this section does not prohibit	7622
the transfer of location or the transfer of ownership and location	7623
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal	7624
corporation or the unincorporated area of a township in which the	7625
number of permits of that class exceeds the number of such permits	7626
authorized to be issued under division (B)(2)(a) of this section	7627
to an economic development project located in another municipal	7628
corporation or the unincorporated area of another township in	7629
which no additional permits of that class may be issued to the	7630
applicant under division (B)(2)(a) of this section, but the	7631
transfer of location or transfer of ownership and location of the	7632
permit may occur only if the applicant notifies the municipal	7633
corporation or township to which the location of the permit will	7634
be transferred regarding the transfer and that municipal	7635
corporation or township acknowledges in writing to the division of	7636
liquor control, at the time the application for the transfer of	7637
location or transfer of ownership and location of the permit is	7638
filed, that the transfer will be to an economic development	7639
project. This acknowledgment by the municipal corporation or	7640
township does not prohibit it from requesting a hearing under	7641
section 4303.26 of the Revised Code. The applicant is eligible to	7642
apply for and receive the transfer of location of the permit under	7643
division (B)(2)(b) of this section if all permits of that class	7644
that may be issued under division (B)(2)(a) of this section in the	7645
applicable municipal corporation or unincorporated area of the	7646
township have already been issued or if the number of applications	7647
filed for permits of that class in that municipal corporation or	7648
the unincorporated area of that township exceed the number of	7649
permits of that class that may be issued there under division	7650
(B)(2)(a) of this section.	7651

A permit transferred under division (B)(2)(b) of this section	7652
may be subsequently transferred to a different owner at the same	7653
location, or to the same owner or a different owner at a different	7654
location in the same municipal corporation or in the	7655
unincorporated area of the same township, as long as the same or	7656
new location meets the economic development project criteria set	7657
forth in this section.	7658

(ii) Factors that shall be used to determine the designation	7659
of an economic development project include, but are not limited	7660
to, architectural certification of the plans and the cost of the	7661
project, the number of jobs that will be created by the project,	7662
projected earnings of the project, projected tax revenues for the	7663
political subdivisions in which the project will be located, and	7664
the amount of financial investment in the project. The	7665
superintendent of liquor control shall determine whether the	7666
existing or proposed business that is seeking a permit described	7667
in division (B)(2)(b) of this section qualifies as an economic	7668
development project and, if the superintendent determines that it	7669
so qualifies, shall designate the business as an economic	7670
development project.	7671

(3) Nothing in this section shall be construed to restrict	7672
the issuance of a permit to a municipal corporation for use at a	7673
municipally owned airport at which commercial airline companies	7674
operate regularly scheduled flights on which space is available to	7675
the public. A municipal corporation applying for a permit for such	7676
a municipally owned airport is exempt, in regard to that	7677
application, from the population restrictions contained in this	7678
section and from population quota restrictions contained in any	7679
rule of the liquor control commission. A municipal corporation	7680
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a	7681
municipally owned airport is subject to section 4303.31 of the	7682
Revised Code.	7683

(4) Nothing in this section shall be construed to prohibit	7684
the issuance of a D permit to the board of trustees of a soldiers'	7685
memorial for a premises located at a soldiers' memorial	7686
established pursuant to Chapter 345. of the Revised Code. An	7687
application for a D permit by the board for those premises is	7688
exempt from the population restrictions contained in this section	7689
and from the population quota restrictions contained in any rule	7690
of the liquor control commission. The location of a D permit	7691
issued to the board for those premises shall not be transferred. A	7692
board of trustees of a soldiers' memorial applying for a D-1, D-2,	7693
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to	7694
section 4303.31 of the Revised Code.	7695

(5) Nothing in this section shall be construed to restrict	7696
the issuance of a permit for a premises located at a golf course	7697
owned by a municipal corporation, township, or county, owned by a	7698
park district created under Chapter 1545. of the Revised Code, or	7699
owned by the state. The location of such a permit issued on or	7700
after September 26, 1984, for a premises located at such a golf	7701
course shall not be transferred. Any application for such a permit	7702
is exempt from the population quota restrictions contained in this	7703
section and from the population quota restrictions contained in	7704
any rule of the liquor control commission. A municipal	7705
corporation, township, county, park district, or state agency	7706
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf	7707
course is subject to section 4303.31 of the Revised Code.	7708

(6) As used in division (B)(6) of this section, "fair" has	7709
the same meaning as in section 991.01 of the Revised Code; "state	7710
fairgrounds" means the property that is held by the state for the	7711
purpose of conducting fairs, expositions, and exhibits and that is	7712
maintained and managed by the Ohio expositions commission under	7713
section 991.03 of the Revised Code; "capitol square" has the same	7714
meaning as in section 105.41 of the Revised Code; and "Ohio	7715
judicial center" means the site of the Ohio supreme court and its	7716
grounds.	7717

Nothing in this section shall be construed to restrict the	7718
issuance of one or more D permits to one or more applicants for	7719
all or a part of the state fairgrounds, capitol square, or the	7720
Ohio judicial center. An application for a D permit for the state	7721
fairgrounds, capitol square, or the Ohio judicial center is exempt	7722
from the population quota restrictions contained in this section	7723
and from the population quota restrictions contained in any rule	7724
of the liquor control commission. The location of a D permit	7725
issued for the state fairgrounds, capitol square, or the Ohio	7726
judicial center shall not be transferred. An applicant for a D-1,	7727
D-2, D-3, or D-5 permit for the state fairgrounds is not subject	7728
to section 4303.31 of the Revised Code.	7729

Pursuant to section 1711.09 of the Revised Code, the holder	7730
of a D permit issued for the state fairgrounds shall not deal in	7731
spirituous liquor at the state fairgrounds during, or for one week	7732
before or for three days after, any fair held at the state	7733
fairgrounds.	7734

(7) Nothing in this section shall be construed to prohibit	7735
the issuance of a D permit for a premises located at a zoological	7736
park at which sales have been approved in an election held under	7737
former section 4301.356 of the Revised Code. An application for a	7738
D permit for such a premises is exempt from the population	7739
restrictions contained in this section, from the population quota	7740
restrictions contained in any rule of the liquor control	7741
commission, and from section 4303.31 of the Revised Code. The	7742
location of a D permit issued for a premises at such a zoological	7743
park shall not be transferred, and no quota or other restrictions	7744
shall be placed on the number of D permits that may be issued for	7745
a premises at such a zoological park.	7746

(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in	7747
any election precinct in any municipal corporation or in any	7748
election precinct in the unincorporated area of any township, in	7749
which at the November, 1933, election a majority of the electors	7750
voting thereon in the municipal corporation or in the	7751
unincorporated area of the township voted against the repeal of	7752
Section 9 of Article XV, Ohio Constitution, unless the sale of	7753
spirituous liquor by the glass is authorized by a majority vote of	7754
the electors voting on the question in the precinct at an election	7755
held pursuant to this section or by a majority vote of the	7756
electors of the precinct voting on question (C) at a special local	7757
option election held in the precinct pursuant to section 4301.35	7758
of the Revised Code. Upon the request of an elector, the board of	7759
elections of the county that encompasses the precinct shall	7760
furnish the elector with a copy of the instructions prepared by	7761
the secretary of state under division ~~(P)~~(A)(16) of section	7762
3501.05 of the Revised Code and, within fifteen days after the	7763
request, a certificate of the number of signatures required for a	7764
valid petition under this section.	7765

Upon the petition of thirty-five per cent of the total number	7766
of voters voting in any such precinct for the office of governor	7767
at the preceding general election, filed with the board of	7768
elections of the county in which such precinct is located not	7769
later than ninety days before a general election, the board shall	7770
prepare ballots and hold an election at such general election upon	7771
the question of allowing spirituous liquor to be sold by the glass	7772
in such precinct. The ballots shall be approved in form by the	7773
secretary of state. The results of the election shall be certified	7774
by the board to the secretary of state, who shall certify the	7775
results to the division.	7776

(2) No holder of a class D-3 permit issued for a boat or	7777
vessel shall sell spirituous liquor in any precinct, in which the	7778
election provided for in this section may be held, unless the sale	7779
of spirituous liquor by the drink has been authorized by vote of	7780
the electors as provided in this section or in section 4301.35 of	7781
the Revised Code.	7782

(D) Any holder of a C or D permit whose permit premises were	7783
purchased in 1986 or 1987 by the state or any state agency for	7784
highway purposes shall be issued the same permit at another	7785
location notwithstanding any quota restrictions contained in this	7786
chapter or in any rule of the liquor control commission.	7787

Sec. 4305.14. (A) The following questions regarding the sale	7788
of beer by holders of C or D permits may be presented to the	7789
qualified electors of an election precinct:	7790

(1) "Shall the sale of beer as defined in section 4305.08 of	7791
the Revised Code under permits which authorize sale for	7792
off-premises consumption only be permitted within this precinct?"	7793

(2) "Shall the sale of beer as defined in section 4305.08 of	7794
the Revised Code under permits which authorize sale for	7795
on-premises consumption only, and under permits which authorize	7796
sale for both on-premises and off-premises consumption, be	7797
permitted in this precinct?"	7798

The exact wording of the question as submitted and form of	7799
ballot as printed shall be determined by the board of elections in	7800
the county wherein the election is held, subject to approval of	7801
the secretary of state.	7802

Upon the request of an elector, a board of elections of a	7803
county that encompasses an election precinct shall furnish to the	7804
elector a copy of the instructions prepared by the secretary of	7805
state under division ~~(P)~~(A)(16) of section 3501.05 of the Revised	7806
Code and, within fifteen days after the request, with a	7807
certificate indicating the number of valid signatures that will be	7808
required on a petition to hold a special election in that precinct	7809
on either or both of the questions specified in this section.	7810

The board shall provide to a petitioner, at the time the	7811
petitioner takes out a petition, the names of the streets and, if	7812
appropriate, the address numbers of residences and business	7813
establishments within the precinct in which the election is	7814
sought, and a form prescribed by the secretary of state for	7815
notifying affected permit holders of the circulation of a petition	7816
for an election for the submission of one or more of the questions	7817
specified in division (A) of this section. The petitioner shall,	7818
not less than fifty-five days before the petition-filing deadline	7819
for an election provided for in this section, file with the	7820
division of liquor control the information regarding names of	7821
streets and, if appropriate, address numbers of residences and	7822
business establishments provided by the board of elections, and	7823
specify to the division the precinct that is concerned or that	7824
would be affected by the results of the election and the filing	7825
deadline. The division shall, within a reasonable period of time	7826
and not later than twenty-five days before the filing deadline,	7827
supply the petitioner with a list of the names and addresses of	7828
permit holders who would be affected by the election. The list	7829
shall contain a heading with the following words: "liquor permit	7830
holders who would be affected by the question(s) set forth on a	7831
petition for a local option election."	7832

Within five days after receiving from the division the list	7833
of liquor permit holders who would be affected by the question or	7834
questions set forth on a petition for local option election, the	7835
petitioner shall, using the form provided by the board of	7836
elections, notify by certified mail each permit holder whose name	7837
appears on that list. The form for notifying affected permit	7838
holders shall require the petitioner to state the petitioner's	7839
name and street address and shall contain a statement that a	7840
petition is being circulated for an election for the submission of	7841
the question or questions specified in division (B) of this	7842
section. The form shall require the petitioner to state the	7843
question or questions to be submitted as they appear on the	7844
petition.	7845

The petitioner shall attach a copy of the list provided by	7846
the division to each petition paper. A part petition paper	7847
circulated at any time without the list of affected permit holders	7848
attached to it is invalid.	7849

At the time of filing the petition with the board of	7850
elections, the petitioner shall provide to the board of elections	7851
the list supplied by the division and an affidavit certifying that	7852
the petitioner notified all affected permit holders on the list in	7853
the manner and within the time required in this section and that,	7854
at the time each signer of the petition signed the petition, the	7855
petition paper contained a copy of the list of affected permit	7856
holders.	7857

Within five days after receiving a petition calling for an	7858
election for the submission of the question or questions set forth	7859
in this section, the board of elections shall give notice by	7860
certified mail that it has received the petition to all liquor	7861
permit holders whose names appear on the list of affected permit	7862
holders filed by the petitioner. Failure of the petitioner to	7863
supply the affidavit required by this section and a complete and	7864
accurate list of liquor permit holders invalidates the entire	7865
petition. The board of elections shall provide to a permit holder	7866
who would be affected by a proposed local option election, on the	7867
permit holder's request, the names of the streets, and, if	7868
appropriate, the address numbers of residences and business	7869
establishments within the precinct in which the election is sought	7870
and that would be affected by the results of the election. The	7871
board may charge a reasonable fee for this information when	7872
provided to the petitioner and the permit holder.	7873

Upon presentation not later than four p.m. of the ninetieth	7874
day before the day of a general or primary election, of a petition	7875
to the board of elections of the county wherein such election is	7876
sought to be held, requesting the holding of such election on	7877
either or both of the questions specified in this section, signed	7878
by qualified electors of the precinct concerned equal in number to	7879
thirty-five per cent of the total number of votes cast in the	7880
precinct concerned for the office of governor at the preceding	7881
general election for that office, such board shall submit the	7882
question or questions specified in the petition to the electors of	7883
the precinct concerned, on the day of the next general or primary	7884
election, whichever occurs first.	7885

(B) The board shall proceed as follows:

7886

(1) Such board shall, upon the filing of a petition under	7887
this section, but not later than the seventy-eighth day before the	7888
day of the election for which the question or questions on the	7889
petition would qualify for submission to the electors of the	7890
precinct, examine and determine the sufficiency of the signatures	7891
and review, examine, and determine the validity of such petition	7892
and, in case of overlapping precinct petitions presented within	7893
that period, determine which of the petitions shall govern the	7894
further proceedings of the board. In the case where the board	7895
determines that two or more overlapping petitions are valid, the	7896
earlier petition shall govern. The board shall certify the	7897
sufficiency of signatures contained in the petition as of the time	7898
of filing and the validity of the petition as of the time of	7899
certification as described in division (C)(1) of this section if	7900
the board finds the petition to be both sufficient and valid.	7901

(2) If the petition contains sufficient signatures and is	7902
valid, and, in case of overlapping precinct petitions, after the	7903
board has determined the governing petition, the board shall order	7904
the holding of a special election in the precinct for the	7905
submission of the question or questions specified in the petition,	7906
on the day of the next general or primary election, whichever	7907
occurs first.	7908

(3) All petitions filed with a board of elections under this	7909
section shall be open to public inspection under rules adopted by	7910
the board.	7911

(C) Protest against a local option petition may be filed by	7912
any qualified elector eligible to vote on the question or	7913
questions specified in the petition or by a permit holder in the	7914
precinct as described in the petition, not later than four p.m. of	7915
the seventy-fourth day before the day of such general or primary	7916
election for which the petition qualified. Such protest shall be	7917
in writing and shall be filed with the election officials with	7918
whom the petition was filed. Upon filing of such protest the	7919
election officials with whom it is filed shall promptly fix the	7920
time for hearing it, and shall forthwith mail notice of the filing	7921
of the protest and the time for hearing it to the person who filed	7922
the petition which is protested and to the person who filed the	7923
protest. At the time and place fixed, the election officials shall	7924
hear the protest and determine the validity of the petition.	7925

(D) If a majority of the electors voting on the question in	7926
the precinct vote "yes" on question (1) or (2) as set forth in	7927
division (A) of this section, the sale of beer as specified in	7928
that question shall be permitted in the precinct and no subsequent	7929
election shall be held in the precinct under this section on the	7930
same question for a period of at least four years from the date of	7931
the most recent election.	7932

If a majority of the electors voting on the question in the	7933
precinct vote "no" on question (1) or (2) as set forth in division	7934
(A) of this section, no C or D permit holder shall sell beer as	7935
specified in that question within the precinct during the period	7936
the election is in effect and no subsequent election shall be held	7937
in the precinct under this section on the same question for a	7938
period of at least four years from the date of the most recent	7939
election.	7940

Section 2. That existing sections 2101.44, 3501.01, 3501.02,	7941
3501.05, 3501.051, 3501.053, 3501.11, 3501.13, 3501.17, 3501.18,	7942
3501.20, 3501.22, 3501.26, 3501.27, 3501.28, 3501.29, 3501.30,	7943
3501.301, 3501.31, 3501.32, 3501.33, 3501.35, 3501.37, 3501.38,	7944
3503.02, 3503.06, 3503.10, 3503.14, 3503.15, 3503.16, 3503.18,	7945
3503.19, 3503.21, 3503.24, 3503.26, 3503.28, 3504.02, 3504.04,	7946
3504.05, 3505.07, 3505.08, 3505.11, 3505.13, 3505.16, 3505.17,	7947
3505.18, 3505.181, 3505.182, 3505.183, 3505.20, 3505.21, 3505.23,	7948
3505.24, 3505.26, 3505.28, 3505.29, 3505.30, 3505.31, 3506.05,	7949
3506.12, 3506.15, 3509.01, 3509.03, 3509.031, 3509.04, 3509.05,	7950
3509.06, 3509.07, 3509.08, 3509.09, 3511.02, 3511.04, 3511.05,	7951
3511.06, 3511.07, 3511.08, 3511.09, 3511.10, 3511.11, 3511.13,	7952
3511.14, 3513.02, 3513.131, 3513.18, 3513.19, 3513.21, 3513.30,	7953
3513.31, 3515.04, 3517.01, 3517.012, 3517.992, 3519.01, 3519.16,	7954
3599.07, 3599.17, 3599.19, 3599.31, 4301.32, 4301.334, 4303.29,	7955
and 4305.14 and sections 3503.29, 3504.01, and 3506.16 of the	7956
Revised Code are hereby repealed.	7957

Section 3. A board of elections shall rearrange and combine	7958
precincts within the applicable county as necessary to comply with	7959
the minimum precinct size requirements established in section	7960
3501.18 of the Revised Code, as amended by this act, not later	7961
than December 31, 2011.	7962