Bill Text: OH SB216 | 2013-2014 | 130th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To revise the law concerning provisional ballots, to permit an absent voter to cure a defective identification envelope, and to specify permitted procedures for a voting location that serves more than one precinct.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Passed) 2014-06-02 - Effective Date [SB216 Detail]
Download: Ohio-2013-SB216-Engrossed.html
As Passed by the House
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To revise the law concerning provisional ballots, to permit an absent voter to cure a defective identification envelope, and to specify permitted procedures for a voting location that serves more than one precinct.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Passed) 2014-06-02 - Effective Date [SB216 Detail]
Download: Ohio-2013-SB216-Engrossed.html
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Senator Seitz
Cosponsors:
Senators Burke, Eklund, Jordan, Uecker
Representatives Adams, J., Brenner, Buchy, Maag, Stebelton
To amend sections 3501.22, 3503.16, 3505.18, | 1 |
3505.181, 3505.182, 3505.183, 3509.06, and 3509.07 | 2 |
of the Revised Code to revise the law concerning | 3 |
provisional ballots, to permit an absent voter to | 4 |
cure a defective identification envelope, and to | 5 |
specify permitted procedures for a voting location | 6 |
that serves more than one precinct. | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.22, 3503.16, 3505.18, 3505.181, | 8 |
3505.182, 3505.183, 3509.06, and 3509.07 of the Revised Code be | 9 |
amended to read as follows: | 10 |
Sec. 3501.22. (A)(1) On or before the fifteenth day of | 11 |
September in each year, the board of elections by a majority vote | 12 |
shall, after careful examination and investigation as to their | 13 |
qualifications, appoint for each election precinct four residents | 14 |
of the county in which the precinct is located, as judges. Except | 15 |
as otherwise provided in division (C) of this section, all judges | 16 |
of election shall be qualified electors. The judges shall | 17 |
constitute the election officers of the precinct. Not more than | 18 |
one-half of the total number of judges shall be members of the | 19 |
same political party. The term of such precinct officers shall be | 20 |
for one year. The board may, at any time, designate any number of | 21 |
election officers, not more than one-half of whom shall be members | 22 |
of the same political party, to perform their duties at any | 23 |
precinct in any election. The board may appoint additional | 24 |
officials, equally divided between the two major political | 25 |
parties, when necessary to expedite voting. | 26 |
Vacancies for unexpired terms shall be filled by the board. | 27 |
When new precincts have been created, the board shall appoint | 28 |
judges for those precincts for the unexpired term. Any judge may | 29 |
be summarily removed from office at any time by the board for | 30 |
neglect of duty, malfeasance, or misconduct in office or for any | 31 |
other good and sufficient reason. | 32 |
Precinct election officials shall perform all of the duties | 33 |
provided by law for receiving the ballots and supplies, opening | 34 |
and closing the polls, and overseeing the casting of ballots | 35 |
during the time the polls are open, and any other duties required | 36 |
by section 3501.26 of the Revised Code. | 37 |
A board of elections may designate two precinct election | 38 |
officials as counting officials to count and tally the votes cast | 39 |
and certify the results of the election at each precinct, and | 40 |
perform other duties as provided by law. To expedite the counting | 41 |
of votes at each precinct, the board may appoint additional | 42 |
officials, not more than one-half of whom shall be members of the | 43 |
same political party. | 44 |
| 45 |
section, the board shall designate one of the precinct election | 46 |
officials who is a member of the dominant political party to serve | 47 |
as a presiding judge, whose duty it is to deliver the returns of | 48 |
the election and all supplies to the office of the board. For | 49 |
these services, the presiding judge shall receive additional | 50 |
compensation in an amount, consistent with section 3501.28 of the | 51 |
Revised Code, determined by the board of elections. | 52 |
The board shall issue to each precinct election official a | 53 |
certificate of appointment, which the official shall present to | 54 |
the presiding judge at the time the polls are opened. | 55 |
(2) If the board of elections, by a vote of at least three | 56 |
members of the board, opts to have a single voting location serve | 57 |
more than one precinct, the board may do both of the following: | 58 |
(a) Designate a single presiding judge for the voting | 59 |
location. The presiding judge shall be a member of the political | 60 |
party whose candidate received the highest number of votes for | 61 |
governor at the most recent general election for that office in | 62 |
the precincts whose polling places are located at the applicable | 63 |
voting location, when tallying the combined vote for governor in | 64 |
all such precincts. | 65 |
(b) Combine the pollbooks for those precincts to create a | 66 |
single pollbook for the voting location. | 67 |
(B) If the board of elections determines that not enough | 68 |
qualified electors in a precinct are available to serve as | 69 |
precinct officers, it may appoint persons to serve as precinct | 70 |
officers at a primary, special, or general election who are at | 71 |
least seventeen years of age and are registered to vote in | 72 |
accordance with section 3503.07 of the Revised Code. | 73 |
(C)(1) A board of elections, in conjunction with the board of | 74 |
education of a city, local, or exempted village school district, | 75 |
the governing authority of a community school established under | 76 |
Chapter 3314. of the Revised Code, or the chief administrator of a | 77 |
nonpublic school may establish a program permitting certain high | 78 |
school students to apply and, if appointed by the board of | 79 |
elections, to serve as precinct officers at a primary, special, or | 80 |
general election. | 81 |
In addition to the requirements established by division | 82 |
(C)(2) of this section, a board of education, governing authority, | 83 |
or chief administrator that establishes a program under this | 84 |
division in conjunction with a board of elections may establish | 85 |
additional criteria that students shall meet to be eligible to | 86 |
participate in that program. | 87 |
(2)(a) To be eligible to participate in a program established | 88 |
under division (C)(1) of this section, a student shall be a United | 89 |
States citizen, a resident of the county, at least seventeen years | 90 |
of age, and enrolled in the senior year of high school. | 91 |
(b) Any student applying to participate in a program | 92 |
established under division (C)(1) of this section, as part of the | 93 |
student's application process, shall declare the student's | 94 |
political party affiliation with the board of elections. | 95 |
(3) No student appointed as a precinct officer pursuant to a | 96 |
program established under division (C)(1) of this section shall be | 97 |
designated as a presiding judge. | 98 |
(4) Any student participating in a program established under | 99 |
division (C)(1) of this section shall be excused for that | 100 |
student's absence from school on the day of an election at which | 101 |
the student is serving as a precinct officer. | 102 |
(D) In any precinct with six or more precinct officers, up to | 103 |
two students participating in a program established under division | 104 |
(C)(1) of this section who are under eighteen years of age may | 105 |
serve as precinct officers. Not more than one precinct officer in | 106 |
any given precinct with fewer than six precinct officers shall be | 107 |
under eighteen years of age. | 108 |
Sec. 3503.16. (A) Whenever a registered elector changes the | 109 |
place of residence of that registered elector from one precinct to | 110 |
another within a county or from one county to another, or has a | 111 |
change of name, that registered elector shall report the change by | 112 |
delivering a change of residence or change of name form, whichever | 113 |
is appropriate, as prescribed by the secretary of state under | 114 |
section 3503.14 of the Revised Code to the state or local office | 115 |
of a designated agency, a public high school or vocational school, | 116 |
a public library, the office of the county treasurer, the office | 117 |
of the secretary of state, any office of the registrar or deputy | 118 |
registrar of motor vehicles, or any office of a board of elections | 119 |
in person or by a third person. Any voter registration, change of | 120 |
address, or change of name application, returned by mail, may be | 121 |
sent only to the secretary of state or the board of elections. | 122 |
A registered elector also may update the registration of that | 123 |
registered elector by filing a change of residence or change of | 124 |
name form on the day of a special, primary, or general election at | 125 |
the polling place in the precinct in which that registered elector | 126 |
resides or at the board of elections or at another site designated | 127 |
by the board. | 128 |
(B)(1)(a) Any registered elector who moves within a precinct | 129 |
on or prior to the day of a general, primary, or special election | 130 |
and has not filed a notice of change of residence with the board | 131 |
of elections may vote in that election by going to that registered | 132 |
elector's assigned polling place, completing and signing a notice | 133 |
of change of residence, showing identification in the form of a | 134 |
current and valid photo identification, a military identification, | 135 |
or a copy of a current utility bill, bank statement, government | 136 |
check, paycheck, or other government document, other than a notice | 137 |
of voter registration mailed by a board of elections under section | 138 |
3503.19 of the Revised Code, that shows the name and current | 139 |
address of the elector, and casting a ballot. | 140 |
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(b) Any registered elector who changes the name of that | 151 |
registered elector and remains within a precinct on or prior to | 152 |
the day of a general, primary, or special election and has not | 153 |
filed a notice of change of name with the board of elections may | 154 |
vote in that election by going to that registered elector's | 155 |
assigned polling place, completing and signing a notice of a | 156 |
change of name, and casting a provisional ballot under section | 157 |
3505.181 of the Revised Code. If the registered elector provides | 158 |
to the precinct election officials proof of a legal name change, | 159 |
such as a marriage license or court order that includes the | 160 |
elector's current and prior names, the elector may complete and | 161 |
sign a notice of change of name and cast a regular ballot. | 162 |
(2) Any registered elector who moves from one precinct to | 163 |
another within a county or moves from one precinct to another and | 164 |
changes the name of that registered elector on or prior to the day | 165 |
of a general, primary, or special election and has not filed a | 166 |
notice of change of residence or change of name, whichever is | 167 |
appropriate, with the board of elections may vote in that election | 168 |
if that registered elector complies with division (G) of this | 169 |
section or does all of the following: | 170 |
(a) Appears at anytime during regular business hours on or | 171 |
after the twenty-eighth day prior to the election in which that | 172 |
registered elector wishes to vote or, if the election is held on | 173 |
the day of a presidential primary election, the twenty-fifth day | 174 |
prior to the election, through noon of the Saturday prior to the | 175 |
election at the office of the board of elections, appears at any | 176 |
time during regular business hours on the Monday prior to the | 177 |
election at the office of the board of elections, or appears on | 178 |
the day of the election at either of the following locations: | 179 |
(i) The polling place | 180 |
registered elector resides; | 181 |
(ii) The office of the board of elections or, if pursuant to | 182 |
division (C) of section 3501.10 of the Revised Code the board has | 183 |
designated another location in the county at which registered | 184 |
electors may vote, at that other location instead of the office of | 185 |
the board of elections. | 186 |
(b) Completes and signs, under penalty of election | 187 |
falsification, the written affirmation on the provisional ballot | 188 |
envelope, which shall serve as a notice of change of residence or | 189 |
change of name, whichever is appropriate | 190 |
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(c) Votes a provisional ballot under section 3505.181 of the | 197 |
Revised Code at the polling place, at the office of the board of | 198 |
elections, or, if pursuant to division (C) of section 3501.10 of | 199 |
the Revised Code the board has designated another location in the | 200 |
county at which registered electors may vote, at that other | 201 |
location instead of the office of the board of elections, | 202 |
whichever is appropriate, using the address to which that | 203 |
registered elector has moved or the name of that registered | 204 |
elector as changed, whichever is appropriate; | 205 |
(d) Completes and signs, under penalty of election | 206 |
falsification, a statement attesting that that registered elector | 207 |
moved or had a change of name, whichever is appropriate, on or | 208 |
prior to the day of the election, has voted a provisional ballot | 209 |
at the polling place | 210 |
elector resides, at the office of the board of elections, or, if | 211 |
pursuant to division (C) of section 3501.10 of the Revised Code | 212 |
the board has designated another location in the county at which | 213 |
registered electors may vote, at that other location instead of | 214 |
the office of the board of elections, whichever is appropriate, | 215 |
and will not vote or attempt to vote at any other location for | 216 |
that particular election. | 217 |
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(C) Any registered elector who moves from one county to | 221 |
another county within the state on or prior to the day of a | 222 |
general, primary, or special election and has not registered to | 223 |
vote in the county to which that registered elector moved may vote | 224 |
in that election if that registered elector complies with division | 225 |
(G) of this section or does all of the following: | 226 |
(1) Appears at any time during regular business hours on or | 227 |
after the twenty-eighth day prior to the election in which that | 228 |
registered elector wishes to vote or, if the election is held on | 229 |
the day of a presidential primary election, the twenty-fifth day | 230 |
prior to the election, through noon of the Saturday prior to the | 231 |
election at the office of the board of elections or, if pursuant | 232 |
to division (C) of section 3501.10 of the Revised Code the board | 233 |
has designated another location in the county at which registered | 234 |
electors may vote, at that other location instead of the office of | 235 |
the board of elections, appears during regular business hours on | 236 |
the Monday prior to the election at the office of the board of | 237 |
elections or, if pursuant to division (C) of section 3501.10 of | 238 |
the Revised Code the board has designated another location in the | 239 |
county at which registered electors may vote, at that other | 240 |
location instead of the office of the board of elections, or | 241 |
appears on the day of the election at the office of the board of | 242 |
elections or, if pursuant to division (C) of section 3501.10 of | 243 |
the Revised Code the board has designated another location in the | 244 |
county at which registered electors may vote, at that other | 245 |
location instead of the office of the board of elections; | 246 |
(2) Completes and signs, under penalty of election | 247 |
falsification, the written affirmation on the provisional ballot | 248 |
envelope, which shall serve as a notice of change of residence | 249 |
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(3) Votes a provisional ballot under section 3505.181 of the | 255 |
Revised Code at the office of the board of elections or, if | 256 |
pursuant to division (C) of section 3501.10 of the Revised Code | 257 |
the board has designated another location in the county at which | 258 |
registered electors may vote, at that other location instead of | 259 |
the office of the board of elections, using the address to which | 260 |
that registered elector has moved; | 261 |
(4) Completes and signs, under penalty of election | 262 |
falsification, a statement attesting that that registered elector | 263 |
has moved from one county to another county within the state on or | 264 |
prior to the day of the election, has voted at the office of the | 265 |
board of elections or, if pursuant to division (C) of section | 266 |
3501.10 of the Revised Code the board has designated another | 267 |
location in the county at which registered electors may vote, at | 268 |
that other location instead of the office of the board of | 269 |
elections, and will not vote or attempt to vote at any other | 270 |
location for that particular election. | 271 |
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(D) A person who votes by absent voter's ballots pursuant to | 275 |
division (G) of this section shall not make written application | 276 |
for the ballots pursuant to Chapter 3509. of the Revised Code. | 277 |
Ballots cast pursuant to division (G) of this section shall be set | 278 |
aside in a special envelope and counted during the official | 279 |
canvass of votes in the manner provided for in sections 3505.32 | 280 |
and 3509.06 of the Revised Code insofar as that manner is | 281 |
applicable. The board shall examine the pollbooks to verify that | 282 |
no ballot was cast at the polls or by absent voter's ballots under | 283 |
Chapter 3509. or 3511. of the Revised Code by an elector who has | 284 |
voted by absent voter's ballots pursuant to division (G) of this | 285 |
section. Any ballot determined to be insufficient for any of the | 286 |
reasons stated above or stated in section 3509.07 of the Revised | 287 |
Code shall not be counted. | 288 |
Subject to division (C) of section 3501.10 of the Revised | 289 |
Code, a board of elections may lease or otherwise acquire a site | 290 |
different from the office of the board at which registered | 291 |
electors may vote pursuant to division (B) or (C) of this section. | 292 |
(E) Upon receiving a notice of change of residence or change | 293 |
of name
| 294 |
registrant an acknowledgment notice. If the change of residence or | 295 |
change of name | 296 |
voter's registration as appropriate. If that form is incomplete, | 297 |
the board shall inform the registrant in the acknowledgment notice | 298 |
specified in this division of the information necessary to | 299 |
complete or update that registrant's registration. | 300 |
(F) Change of residence and change of name forms shall be | 301 |
available at each polling place, and when these forms are | 302 |
completed, noting changes of residence or name, as appropriate, | 303 |
they shall be filed with election officials at the polling place. | 304 |
Election officials shall return completed forms, together with the | 305 |
pollbooks and tally sheets, to the board of elections. | 306 |
The board of elections shall provide change of residence and | 307 |
change of name forms to the probate court and court of common | 308 |
pleas. The court shall provide the forms to any person eighteen | 309 |
years of age or older who has a change of name by order of the | 310 |
court or who applies for a marriage license. The court shall | 311 |
forward all completed forms to the board of elections within five | 312 |
days after receiving them. | 313 |
(G) A registered elector who otherwise would qualify to vote | 314 |
under division (B) or (C) of this section but is unable to appear | 315 |
at the office of the board of elections or, if pursuant to | 316 |
division (C) of section 3501.10 of the Revised Code the board has | 317 |
designated another location in the county at which registered | 318 |
electors may vote, at that other location, on account of personal | 319 |
illness, physical disability, or infirmity, may vote on the day of | 320 |
the election if that registered elector does all of the following: | 321 |
(1) Makes a written application that includes all of the | 322 |
information required under section 3509.03 of the Revised Code to | 323 |
the appropriate board for an absent voter's ballot on or after the | 324 |
twenty-seventh day prior to the election in which the registered | 325 |
elector wishes to vote through noon of the Saturday prior to that | 326 |
election and requests that the absent voter's ballot be sent to | 327 |
the address to which the registered elector has moved if the | 328 |
registered elector has moved, or to the address of that registered | 329 |
elector who has not moved but has had a change of name; | 330 |
(2) Declares that the registered elector has moved or had a | 331 |
change of name, whichever is appropriate, and otherwise is | 332 |
qualified to vote under the circumstances described in division | 333 |
(B) or (C) of this section, whichever is appropriate, but that the | 334 |
registered elector is unable to appear at the board of elections | 335 |
because of personal illness, physical disability, or infirmity; | 336 |
(3) Completes and returns along with the completed absent | 337 |
voter's ballot a notice of change of residence indicating the | 338 |
address to which the registered elector has moved, or a notice of | 339 |
change of name, whichever is appropriate; | 340 |
(4) Completes and signs, under penalty of election | 341 |
falsification, a statement attesting that the registered elector | 342 |
has moved or had a change of name on or prior to the day before | 343 |
the election, has voted by absent voter's ballot because of | 344 |
personal illness, physical disability, or infirmity that prevented | 345 |
the registered elector from appearing at the board of elections, | 346 |
and will not vote or attempt to vote at any other location or by | 347 |
absent voter's ballot mailed to any other location or address for | 348 |
that particular election. | 349 |
Sec. 3505.18. (A)(1) When an elector appears in a polling | 350 |
place to vote, the elector shall announce to the precinct election | 351 |
officials the elector's full name and current address and provide | 352 |
proof of the elector's identity in the form of a current and valid | 353 |
photo identification, a military identification, or a copy of a | 354 |
current utility bill, bank statement, government check, paycheck, | 355 |
or other government document, other than a notice of voter | 356 |
registration mailed by a board of elections under section 3503.19 | 357 |
of the Revised Code, that shows the name and current address of | 358 |
the elector. | 359 |
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(2) If an elector | 370 |
provide to the precinct election officials any of the forms of | 371 |
identification required under division (A)(1) of this section, | 372 |
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cast a provisional ballot under section 3505.181 of the Revised | 376 |
Code | 377 |
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(a) Write the elector's driver's license or state | 379 |
identification card number or the last four digits of the | 380 |
elector's social security number on the provisional ballot | 381 |
envelope; or | 382 |
(b) Appear at the office of the board of elections not later | 383 |
than the seventh day after the day of the election and provide the | 384 |
identification required under division (A)(1) of this section, the | 385 |
elector's driver's license or state identification card number, or | 386 |
the last four digits of the elector's social security number. | 387 |
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(B) After the elector has announced the elector's full name | 428 |
and current address and provided any of the forms of | 429 |
identification required under division (A)(1) of this section, the | 430 |
elector shall write the elector's name and address at the proper | 431 |
place in the poll list or signature pollbook provided for the | 432 |
purpose, except that if, for any reason, an elector is unable to | 433 |
write the elector's name and current address in the poll list or | 434 |
signature pollbook, the elector may make the elector's mark at the | 435 |
place intended for the elector's name, and a precinct election | 436 |
official shall write the name of the elector at the proper place | 437 |
on the poll list or signature pollbook following the elector's | 438 |
mark. The making of such a mark shall be attested by the precinct | 439 |
election official, who shall evidence the same by signing the | 440 |
precinct election official's name on the poll list or signature | 441 |
pollbook as a witness to the mark. Alternatively, if applicable, | 442 |
an attorney in fact acting pursuant to section 3501.382 of the | 443 |
Revised Code may sign the elector's signature in the poll list or | 444 |
signature pollbook in accordance with that section. | 445 |
The elector's signature in the poll list or signature | 446 |
pollbook then shall be compared with the elector's signature on | 447 |
the elector's registration form or a digitized signature list as | 448 |
provided for in section 3503.13 of the Revised Code, and if, in | 449 |
the opinion of a majority of the precinct election officials, the | 450 |
signatures are the signatures of the same person, the election | 451 |
officials shall enter the date of the election on the registration | 452 |
form or shall record the date by other means prescribed by the | 453 |
secretary of state. The validity of an attorney in fact's | 454 |
signature on behalf of an elector shall be determined in | 455 |
accordance with section 3501.382 of the Revised Code. | 456 |
If the right of the elector to vote is not then challenged, | 457 |
or, if being challenged, the elector establishes the elector's | 458 |
right to vote, the elector shall be allowed to proceed to use the | 459 |
voting machine. If voting machines are not being used in that | 460 |
precinct, the judge in charge of ballots shall then detach the | 461 |
next ballots to be issued to the elector from Stub B attached to | 462 |
each ballot, leaving Stub A attached to each ballot, hand the | 463 |
ballots to the elector, and call the elector's name and the stub | 464 |
number on each of the ballots. The judge shall enter the stub | 465 |
numbers opposite the signature of the elector in the pollbook. The | 466 |
elector shall then retire to one of the voting compartments to | 467 |
mark the elector's ballots. No mark shall be made on any ballot | 468 |
which would in any way enable any person to identify the person | 469 |
who voted the ballot. | 470 |
Sec. 3505.181. (A) All of the following individuals shall be | 471 |
permitted to cast a provisional ballot at an election: | 472 |
(1) An individual who declares that the individual is a | 473 |
registered voter in the | 474 |
individual desires to vote and that the individual is eligible to | 475 |
vote in an election, but the name of the individual does not | 476 |
appear on the official list of eligible voters for the | 477 |
478 | |
is not eligible to vote; | 479 |
(2) | 480 |
481 | |
482 | |
483 |
| 484 |
provide to the election officials any of the forms of | 485 |
identification required under division (A)(1) of section 3505.18 | 486 |
of the Revised Code | 487 |
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496 | |
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| 498 |
pollbook has been marked under section 3509.09 or 3511.13 of the | 499 |
Revised Code as having requested an absent voter's ballot or | 500 |
501 | |
ballot for that election and who appears to vote at the polling | 502 |
place; | 503 |
| 504 |
been returned undelivered to the board of elections and whose name | 505 |
in the official registration list and in the poll list or | 506 |
signature pollbook has been marked under division (C)(2) of | 507 |
section 3503.19 of the Revised Code; | 508 |
| 509 |
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512 |
| 513 |
under section 3505.20 or 3513.20 of the Revised Code or whose | 514 |
application or challenge hearing has been postponed until after | 515 |
the day of the election under division (D)(1) of section 3503.24 | 516 |
of the Revised Code; | 517 |
| 518 |
remains within the precinct without providing proof of that name | 519 |
change under division (B)(1)(b) of section 3503.16 of the Revised | 520 |
Code, moves from one precinct to another within a county, moves | 521 |
from one precinct to another and changes the individual's name, or | 522 |
moves from one county to another within the state, and completes | 523 |
and signs the required forms and statements under division (B) or | 524 |
(C) of section 3503.16 of the Revised Code; | 525 |
| 526 |
precinct officers under section 3505.22 of the Revised Code, is | 527 |
not that of the person who signed that name in the registration | 528 |
forms | 529 |
| 530 |
531 | |
532 | |
533 | |
534 |
| 535 |
536 | |
537 | |
538 | |
539 | |
540 | |
541 |
| 542 |
543 | |
544 | |
545 | |
546 | |
547 |
(B) An individual who is eligible to cast a provisional | 548 |
ballot under division (A) of this section shall be permitted to | 549 |
cast a provisional ballot as follows: | 550 |
(1) An election official at the polling place shall notify | 551 |
the individual that the individual may cast a provisional ballot | 552 |
in that election. | 553 |
(2) | 554 |
section, the individual shall | 555 |
556 | |
execute a written affirmation | 557 |
official at the polling place stating that the individual is both | 558 |
of the following: | 559 |
(a) A registered voter in the | 560 |
the individual desires to vote; | 561 |
(b) Eligible to vote in that election. | 562 |
(3) An election official at the polling place shall transmit | 563 |
the ballot cast by the individual | 564 |
contained in the written affirmation executed by the individual | 565 |
under division (B)(2) of this section | 566 |
567 | |
appropriate local election official for verification under | 568 |
division (B)(4) of this section. | 569 |
(4) If the appropriate local election official to whom the | 570 |
ballot or voter or address information is transmitted under | 571 |
division (B)(3) of this section determines that the individual is | 572 |
eligible to vote, the individual's provisional ballot shall be | 573 |
counted as a vote in that election. | 574 |
(5)(a) At the time that an individual casts a provisional | 575 |
ballot, the appropriate local election official shall give the | 576 |
individual written information that states that any individual who | 577 |
casts a provisional ballot will be able to ascertain under the | 578 |
system established under division (B)(5)(b) of this section | 579 |
whether the vote was counted, and, if the vote was not counted, | 580 |
the reason that the vote was not counted. | 581 |
(b) The appropriate state or local election official shall | 582 |
establish a free access system, in the form of a toll-free | 583 |
telephone number, that any individual who casts a provisional | 584 |
ballot may access to discover whether the vote of that individual | 585 |
was counted, and, if the vote was not counted, the reason that the | 586 |
vote was not counted. The free access system established under | 587 |
this division also shall provide to an individual whose | 588 |
provisional ballot was not counted information explaining how that | 589 |
individual may contact the board of elections to register to vote | 590 |
or to resolve problems with the individual's voter registration. | 591 |
The appropriate state or local election official shall | 592 |
establish and maintain reasonable procedures necessary to protect | 593 |
the security, confidentiality, and integrity of personal | 594 |
information collected, stored, or otherwise used by the free | 595 |
access system established under this division. | 596 |
597 | |
598 | |
individual only to gain access to information about the | 599 |
individual's own provisional ballot. | 600 |
(6) If, at the time that an individual casts a provisional | 601 |
ballot, the individual provides identification in the form of a | 602 |
current and valid photo identification, a military identification, | 603 |
or a copy of a current utility bill, bank statement, government | 604 |
check, paycheck, or other government document, other than a notice | 605 |
of voter registration mailed by a board of elections under section | 606 |
3503.19 of the Revised Code, that shows the individual's name and | 607 |
current address, or provides the individual's driver's license or | 608 |
state identification card number or the last four digits of the | 609 |
individual's social security number, | 610 |
611 | |
612 | |
613 | |
614 | |
615 | |
type of identification provided | 616 |
identification card, or social security number information | 617 |
618 | |
619 | |
that information | 620 |
ballot | 621 |
(B)(3) of this section. | 622 |
623 | |
624 | |
625 |
(7) | 626 |
627 | |
628 | |
629 | |
630 | |
631 | |
632 | |
633 | |
634 | |
635 |
| 636 |
an individual who casts a provisional ballot
| 637 |
638 | |
does not have or is unable to provide to the election officials | 639 |
any of the required forms of identification or because the | 640 |
individual has been successfully challenged under section 3505.20 | 641 |
of the Revised Code shall appear at the office of the board of | 642 |
elections and provide to the board any additional information | 643 |
necessary to determine the eligibility of the individual who cast | 644 |
the provisional ballot. | 645 |
(a) For a provisional ballot cast | 646 |
647 | |
not have or is unable to provide to the election officials any of | 648 |
the required forms of identification to be eligible to be counted, | 649 |
the individual who cast that ballot, within | 650 |
the day of the election, shall do | 651 |
(i) Provide to the board of elections proof of the | 652 |
individual's identity in the form of a current and valid photo | 653 |
identification, a military identification, or a copy of a current | 654 |
utility bill, bank statement, government check, paycheck, or other | 655 |
government document, other than a notice of voter registration | 656 |
mailed by a board of elections under section 3503.19 of the | 657 |
Revised Code, that shows the individual's name and current | 658 |
address; or | 659 |
(ii) Provide to the board of elections the individual's | 660 |
driver's license or state identification card number or the last | 661 |
four digits of the individual's social security number | 662 |
| 663 |
664 | |
665 | |
666 |
(b) For a provisional ballot cast | 667 |
668 | |
challenged under section 3505.20 of the Revised Code to be | 669 |
eligible to be counted, the individual who cast that ballot, | 670 |
within | 671 |
provide to the board of elections any identification or other | 672 |
documentation required to be provided by the applicable challenge | 673 |
questions asked of that individual under section 3505.20 of the | 674 |
Revised Code. | 675 |
(C)(1) If an individual declares that the individual is | 676 |
eligible to vote in a | 677 |
678 | |
if, upon review of the precinct voting location guide using the | 679 |
residential street address provided by the individual, an election | 680 |
official at the
| 681 |
desires to vote determines that the individual is not eligible to | 682 |
vote in that | 683 |
direct the individual to the precinct and polling place | 684 |
685 | |
vote, explain that the individual may cast a provisional ballot at | 686 |
the current location but the ballot or a portion of the ballot | 687 |
will not be counted if it is cast in the wrong precinct, and | 688 |
provide the telephone number of the board of elections in case the | 689 |
individual has additional questions. | 690 |
(2) If the individual refuses to travel to the | 691 |
692 | |
board of elections to cast a ballot, the individual shall be | 693 |
permitted to vote a provisional ballot at that | 694 |
precinct in accordance with division (B) of this section. If | 695 |
696 | |
697 |
| 698 |
699 |
| 700 |
701 |
| 702 |
703 | |
704 | |
the correct polling location for the precinct in which the | 705 |
individual is registered and eligible to vote, the election | 706 |
official shall complete and sign, under penalty of election | 707 |
falsification, a form that includes all of the following, and | 708 |
attach the form to the individual's provisional ballot | 709 |
affirmation: | 710 |
(a) The name or number of the individual's correct precinct; | 711 |
(b) A statement that the election official instructed the | 712 |
individual to travel to the correct precinct to vote; | 713 |
(c) A statement that the election official informed the | 714 |
individual that casting a provisional ballot in the wrong precinct | 715 |
would result in all or a portion of the votes on the ballot being | 716 |
rejected; | 717 |
(d) The name or number of the precinct in which the | 718 |
individual is casting a provisional ballot; and | 719 |
(e) The name of the polling location in which the individual | 720 |
is casting a provisional ballot. | 721 |
(D) The appropriate local election official shall cause | 722 |
voting information to be publicly posted at each polling place on | 723 |
the day of each election. | 724 |
(E) As used in this section and sections 3505.182 and | 725 |
3505.183 of the Revised Code: | 726 |
(1) | 727 |
728 |
| 729 |
following: | 730 |
(a) An electronic or paper record that lists the correct | 731 |
732 | |
residential street address in the county or the range of | 733 |
residential street addresses located in each neighborhood block in | 734 |
the county; | 735 |
(b) Any other method that a board of elections creates that | 736 |
allows a precinct election official or any elector who is at a | 737 |
polling place in that county to determine the correct | 738 |
precinct and polling place of any qualified elector who resides in | 739 |
the county. | 740 |
| 741 |
(a) A sample version of the ballot that will be used for that | 742 |
election; | 743 |
(b) Information regarding the date of the election and the | 744 |
hours during which polling places will be open; | 745 |
(c) Instructions on how to vote, including how to cast a vote | 746 |
and how to cast a provisional ballot; | 747 |
(d) Instructions for mail-in registrants and first-time | 748 |
voters under applicable federal and state laws; | 749 |
(e) General information on voting rights under applicable | 750 |
federal and state laws, including information on the right of an | 751 |
individual to cast a provisional ballot and instructions on how to | 752 |
contact the appropriate officials if these rights are alleged to | 753 |
have been violated; | 754 |
(f) General information on federal and state laws regarding | 755 |
prohibitions against acts of fraud and misrepresentation. | 756 |
(F) Nothing in this section or section 3505.183 of the | 757 |
Revised Code is in derogation of section 3505.24 of the Revised | 758 |
Code, which permits a blind, disabled, or illiterate elector to | 759 |
receive assistance in the marking of the elector's ballot by two | 760 |
precinct election officials of different political parties. A | 761 |
blind, disabled, or illiterate elector may receive assistance in | 762 |
marking that elector's provisional ballot and in completing the | 763 |
required affirmation in the same manner as an elector may receive | 764 |
assistance on the day of an election under that section. | 765 |
Sec. 3505.182. Each individual who casts a provisional | 766 |
ballot under section 3505.181 of the Revised Code shall execute a | 767 |
written affirmation. The form of the written affirmation shall be | 768 |
printed upon the face of the provisional ballot envelope and shall | 769 |
be | 770 |
771 | |
772 | |
(A) Clearly print your full name: ................... | 773 |
(B) Write your date of birth: ....................... | 774 |
(C)(1) Write your current address: .................. | 775 |
..................................................... | 776 |
(2) Have you moved without updating your voter registration?: | 777 |
Yes ...... No ...... | 778 |
If yes, write your former address: .......................... | 779 |
..................................................... | 780 |
Failure to provide your former address will not cause your | 781 |
provisional ballot to be rejected. | 782 |
(D) Provide one of the following forms of identification: | 783 |
(1) Write your full Ohio driver's license or state | 784 |
identification card number: ........................ | 785 |
(2) Write the last four digits of your Social Security | 786 |
number: ............... | 787 |
(3) If you did not write your full Ohio driver's license or | 788 |
state identification card number or the last four digits of your | 789 |
Social Security number, you must show one of the following forms | 790 |
of identification to the precinct election official. If you do not | 791 |
check one of the following boxes affirming the type of | 792 |
identification you showed to the precinct election official, the | 793 |
board of elections will conclude that you did not show | 794 |
identification to your precinct election official and that you | 795 |
must show identification at the board of elections during the | 796 |
seven days after the election for your vote to be eligible to be | 797 |
counted. | 798 |
...... A form of photo identification that was issued by the | 799 |
United States government or the State of Ohio, that contains your | 800 |
name and current address (or your former address if the | 801 |
identification is an Ohio driver's license or state identification | 802 |
card), and that has an expiration date that has not passed; | 803 |
...... A military identification card; or | 804 |
...... A current utility bill, bank statement, government | 805 |
check, paycheck, or other government document, other than a notice | 806 |
of voter registration mailed by a board of elections, that | 807 |
contains your name and current address. | 808 |
(4) If you fail to provide identification at this time, you | 809 |
must go to the board of elections on or before the seventh day | 810 |
following this election to provide a qualifying form of | 811 |
identification in order for this ballot to count. | 812 |
(E) If your right to vote has been challenged, you must | 813 |
provide any required additional information to the board of | 814 |
elections on or before the seventh day following this election. | 815 |
(F) Sign and date the following statement: | 816 |
I | 817 |
swear or affirm that I am a citizen of the United States; that I | 818 |
will be at least 18 years of age at the time of the general | 819 |
election; that I have lived in this state for 30 days immediately | 820 |
preceding this election in which I am voting this ballot; that I | 821 |
am a registered voter in the | 822 |
voting this provisional ballot; and that I am eligible to vote in | 823 |
the election in which I am voting this provisional ballot. | 824 |
I understand that, if the | 825 |
provide on this provisional ballot affirmation is not fully | 826 |
completed and correct, if the board of elections determines that I | 827 |
am not registered to vote, a resident of this precinct, or | 828 |
eligible to vote in this election, or if the board of elections | 829 |
determines that I have already voted in this election, my | 830 |
provisional ballot will not be counted. I understand that, if I am | 831 |
not currently registered to vote or if I am not registered at my | 832 |
current address or under my current name, this form will serve as | 833 |
an application to register to vote or update my registration for | 834 |
future elections, as long as I provide all of the information | 835 |
required to register to vote or update my registration. I further | 836 |
understand that knowingly providing false information is a | 837 |
violation of law and subjects me to possible criminal prosecution. | 838 |
I hereby declare, under penalty of election falsification, | 839 |
that the above statements are true and correct to the best of my | 840 |
knowledge and belief. | 841 |
842 | |||
843 | |||
844 | |||
845 |
846 | |||
847 | |||
848 |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY | 849 |
OF THE FIFTH DEGREE. | 850 |
851 | |
852 | |
853 | ||||
854 | ||||
855 | ||||
|
856 | |||
857 | ||||
858 | ||||
| 859 | |||
| 860 |
861 | |
862 | |
| 863 |
864 | |
865 |
| 866 |
867 | |
868 |
| 869 |
870 |
| 871 |
872 |
| 873 |
874 | |
875 |
| 876 |
877 |
| 878 |
879 | |
880 | |
881 | |
882 |
| 883 |
884 | |
885 | |
886 | |
887 | |
888 |
| 889 |
890 |
| 891 |
892 | |
893 | |
894 | |
895 | |
896 | |
897 | |
898 | |
899 | |
900 |
| 901 |
902 | |
903 | |
904 | |
905 | |
906 | |
907 | |
908 | |
909 | |
910 | |
911 | |
912 | |
913 |
| 914 |
915 | |
916 | |
917 | |
918 | |
919 |
| 920 |
921 | |
922 | |
923 | |
924 | |
925 |
| 926 |
927 | |
928 | |
929 | |
930 | |
931 | |
932 | |
933 | |
934 | |
935 |
936 | |||
937 |
In addition to any information required to be included on the | 938 |
written affirmation, an individual casting a provisional ballot | 939 |
may provide additional information to the election official to | 940 |
assist the board of elections in determining the individual's | 941 |
eligibility to vote in that election, including the date and | 942 |
location at which the individual registered to vote, if known. | 943 |
| 944 |
945 | |
946 |
If the individual provided all of the information required | 947 |
under section 3503.14 of the Revised Code to register to vote or | 948 |
to update the individual's registration on the provisional ballot | 949 |
affirmation, the board of elections shall consider the | 950 |
individual's provisional ballot affirmation to also serve as a | 951 |
notice of change of name, change of residence, or both, or as a | 952 |
voter registration form, as applicable, for that individual only | 953 |
for the purposes of future elections. | 954 |
Sec. 3505.183. (A) When the ballot boxes are delivered to | 955 |
the board of elections from the precincts, the board shall | 956 |
separate the provisional ballot envelopes from the rest of the | 957 |
ballots. Teams of employees of the board consisting of one member | 958 |
of each major political party shall place the sealed provisional | 959 |
ballot envelopes in a secure location within the office of the | 960 |
board. The sealed provisional ballot envelopes shall remain in | 961 |
that secure location until the validity of those ballots is | 962 |
determined under division (B) of this section. While the | 963 |
provisional ballot is stored in that secure location, and prior to | 964 |
the counting of the provisional ballots, if the board receives | 965 |
information regarding the validity of a specific provisional | 966 |
ballot under division (B) of this section, the board may note, on | 967 |
the sealed provisional ballot envelope for that ballot, whether | 968 |
the ballot is valid and entitled to be counted. | 969 |
(B)(1) To determine whether a provisional ballot is valid and | 970 |
entitled to be counted, the board shall examine its records and | 971 |
determine whether the individual who cast the provisional ballot | 972 |
is registered and eligible to vote in the applicable election. The | 973 |
board shall examine the information contained in the written | 974 |
affirmation executed by the individual who cast the provisional | 975 |
ballot under division (B)(2) of section 3505.181 of the Revised | 976 |
Code. | 977 |
978 | |
979 | |
980 | |
981 | |
information shall be included in the written affirmation in order | 982 |
for the provisional ballot to be eligible to be counted: | 983 |
(a) The individual's printed name | 984 |
birth, and current address; | 985 |
(b) A statement that the individual is a registered voter in | 986 |
the | 987 |
voted; | 988 |
(c) A statement that the individual is eligible to vote in | 989 |
the election in which the provisional ballot is being voted. | 990 |
(2) In addition to the information required to be included in | 991 |
an affirmation under division (B)(1) of this section, in | 992 |
determining whether a provisional ballot is valid and entitled to | 993 |
be counted, the board also shall examine any additional | 994 |
information for determining ballot validity provided by the | 995 |
provisional voter on the affirmation, provided by the provisional | 996 |
voter to an election official under section 3505.182 of the | 997 |
Revised Code, or provided to the board of elections during the | 998 |
seven days after the day of the election under division (B) | 999 |
of section 3505.181 of the Revised Code, to assist the board in | 1000 |
determining the individual's eligibility to vote. | 1001 |
(3) If, in examining a provisional ballot affirmation and | 1002 |
additional information under divisions (B)(1) and (2) of this | 1003 |
section and comparing the information required under division | 1004 |
(B)(1) of this section with the elector's information in the | 1005 |
statewide voter registration database, the board determines that | 1006 |
all of the following apply, the provisional ballot envelope shall | 1007 |
be opened, and the ballot shall be placed in a ballot box to be | 1008 |
counted: | 1009 |
(a) The individual named on the affirmation is properly | 1010 |
registered to vote. | 1011 |
(b) The individual named on the affirmation is eligible to | 1012 |
cast a ballot in the precinct and for the election in which the | 1013 |
individual cast the provisional ballot. | 1014 |
(c) The individual provided all of the information required | 1015 |
under division (B)(1) of this section in the affirmation that the | 1016 |
individual executed at the time the individual cast the | 1017 |
provisional ballot. | 1018 |
(d) The last four digits of the elector's social security | 1019 |
number or the elector's driver's license number or state | 1020 |
identification card number are not different from the last four | 1021 |
digits of the elector's social security number or the elector's | 1022 |
driver's license number or state identification card number | 1023 |
contained in the statewide voter registration database. | 1024 |
(e) Except as otherwise provided in this division, the month | 1025 |
and day of the elector's date of birth are not different from the | 1026 |
day and month of the elector's date of birth contained in the | 1027 |
statewide voter registration database. | 1028 |
This division does not apply to an elector's provisional | 1029 |
ballot if either of the following is true: | 1030 |
(i) The elector's date of birth contained in the statewide | 1031 |
voter registration database is January 1, 1800. | 1032 |
(ii) The board of elections has found, by a vote of at least | 1033 |
three of its members, that the elector has met all other | 1034 |
requirements of division (B)(3) of this section. | 1035 |
(f) The elector's current address is not different from the | 1036 |
elector's address contained in the statewide voter registration | 1037 |
database, unless the elector indicated that the elector is casting | 1038 |
a provisional ballot because the elector has moved and has not | 1039 |
submitted a notice of change of address, as described in division | 1040 |
(A)(6) of section 3505.181 of the Revised Code. | 1041 |
(g) If applicable, the individual provided any additional | 1042 |
information required under division (B) | 1043 |
of the Revised Code within | 1044 |
election. | 1045 |
| 1046 |
(B) of section 3503.24 of the Revised Code after the day of the | 1047 |
election resulted in the individual's inclusion in the official | 1048 |
registration list. | 1049 |
(4)(a) | 1050 |
this section, if, in examining a provisional ballot affirmation | 1051 |
and additional information under divisions (B)(1) and (2) of this | 1052 |
section and comparing the information required under division | 1053 |
(B)(1) of this section with the elector's information in the | 1054 |
statewide voter registration database, the board determines that | 1055 |
any of the following applies, the provisional ballot envelope | 1056 |
shall not be opened, and the ballot shall not be counted: | 1057 |
(i) The individual named on the affirmation is not qualified | 1058 |
or is not properly registered to vote. | 1059 |
(ii) The individual named on the affirmation is not eligible | 1060 |
to cast a ballot in the precinct or for the election in which the | 1061 |
individual cast the provisional ballot. | 1062 |
(iii) The individual did not provide all of the information | 1063 |
required under division (B)(1) of this section in the affirmation | 1064 |
that the individual executed at the time the individual cast the | 1065 |
provisional ballot. | 1066 |
(iv) The individual has already cast a ballot for the | 1067 |
election in which the individual cast the provisional ballot. | 1068 |
(v) If applicable, the individual did not provide any | 1069 |
additional information required under division (B) | 1070 |
section 3505.181 of the Revised Code within | 1071 |
the day of the election. | 1072 |
(vi) If applicable, the hearing conducted under division (B) | 1073 |
of section 3503.24 of the Revised Code after the day of the | 1074 |
election did not result in the individual's inclusion in the | 1075 |
official registration list. | 1076 |
(vii) The individual failed to provide a current and valid | 1077 |
photo identification, a military identification, a copy of a | 1078 |
current utility bill, bank statement, government check, paycheck, | 1079 |
or other government document, other than a notice of voter | 1080 |
registration mailed by a board of elections under section 3503.19 | 1081 |
of the Revised Code, with the voter's name and current address, | 1082 |
the individual's driver's license or state identification card | 1083 |
number, or the last four digits of the individual's social | 1084 |
security number or to execute an affirmation under | 1085 |
1086 | |
Code. | 1087 |
(viii) The last four digits of the elector's social security | 1088 |
number or the elector's driver's license number or state | 1089 |
identification card number are different from the last four digits | 1090 |
of the elector's social security number or the elector's driver's | 1091 |
license number or state identification card number contained in | 1092 |
the statewide voter registration database. | 1093 |
(ix) Except as otherwise provided in this division, the month | 1094 |
and day of the elector's date of birth are different from the day | 1095 |
and month of the elector's date of birth contained in the | 1096 |
statewide voter registration database. | 1097 |
This division does not apply to an elector's provisional | 1098 |
ballot if either of the following is true: | 1099 |
(I) The elector's date of birth contained in the statewide | 1100 |
voter registration database is January 1, 1800. | 1101 |
(II) The board of elections has found, by a vote of at least | 1102 |
three of its members, that the elector has met all of the | 1103 |
requirements of division (B)(3) of this section, other than the | 1104 |
requirements of division (B)(3)(e) of this section. | 1105 |
(x) The elector's current address is different from the | 1106 |
elector's address contained in the statewide voter registration | 1107 |
database, unless the elector indicated that the elector is casting | 1108 |
a provisional ballot because the elector has moved and has not | 1109 |
submitted a notice of change of address, as described in division | 1110 |
(A)(6) of section 3505.181 of the Revised Code. | 1111 |
(b) If, in examining a provisional ballot affirmation and | 1112 |
additional information under divisions (B)(1) and (2) of this | 1113 |
section and comparing the information required under division | 1114 |
(B)(1) of this section with the elector's information in the | 1115 |
statewide voter registration database, the board is unable to | 1116 |
determine either of the following, the provisional ballot envelope | 1117 |
shall not be opened, and the ballot shall not be counted: | 1118 |
(i) Whether the individual named on the affirmation is | 1119 |
qualified or properly registered to vote; | 1120 |
(ii) Whether the individual named on the affirmation is | 1121 |
eligible to cast a ballot in the precinct or for the election in | 1122 |
which the individual cast the provisional ballot. | 1123 |
(C) | 1124 |
(B)(4) of this section, the board shall record the name of the | 1125 |
provisional voter who cast the ballot, the identification number | 1126 |
of the provisional ballot envelope, the names of the election | 1127 |
officials who determined the validity of that ballot, the date and | 1128 |
time that the determination was made, and the reason that the | 1129 |
ballot was not counted, unless the board has already recorded that | 1130 |
information in another database. | 1131 |
| 1132 |
precinct in which the individual is not registered and eligible to | 1133 |
vote, but in the correct polling location for the precinct in | 1134 |
which the individual is registered and eligible to vote, and the | 1135 |
election official failed to direct the individual to the correct | 1136 |
precinct, the individual's ballot shall be remade under division | 1137 |
(D)(2) of this section. The election official shall be deemed to | 1138 |
have directed the individual to the correct precinct if the | 1139 |
election official correctly completed the form described in | 1140 |
division (C)(2) of section 3505.181 of the Revised Code. | 1141 |
(2) A board of elections that remakes a provisional ballot | 1142 |
under division (D)(1) of this section shall remake the provisional | 1143 |
ballot on a ballot for the appropriate precinct to reflect the | 1144 |
offices, questions, and issues for which the individual was | 1145 |
eligible to cast a ballot and for which the individual attempted | 1146 |
to cast a provisional ballot. The remade ballot shall be counted | 1147 |
for each office, question, and issue for which the individual was | 1148 |
eligible to vote. | 1149 |
(3) If an individual cast a provisional ballot in a precinct | 1150 |
in which the individual is not registered and eligible to vote and | 1151 |
in the incorrect polling location for the precinct in which the | 1152 |
individual is registered and eligible to vote, the provisional | 1153 |
ballot envelope shall not be opened, and the ballot shall not be | 1154 |
counted. | 1155 |
(E) Provisional ballots that are rejected under division | 1156 |
(B)(4) of this section shall not be counted but shall be preserved | 1157 |
in their provisional ballot envelopes unopened until the time | 1158 |
provided by section 3505.31 of the Revised Code for the | 1159 |
destruction of all other ballots used at the election for which | 1160 |
ballots were provided, at which time they shall be destroyed. | 1161 |
| 1162 |
eligible to be counted under division (B)(3) or (D) of this | 1163 |
section shall be counted in the same manner as provided for other | 1164 |
ballots under section 3505.27 of the Revised Code. No provisional | 1165 |
ballots shall be counted in a particular county until the board | 1166 |
determines the eligibility to be counted of all provisional | 1167 |
ballots cast in that county under division (B) of this section for | 1168 |
that election. Observers, as provided in section 3505.21 of the | 1169 |
Revised Code, may be present at all times that the board is | 1170 |
determining the eligibility of provisional ballots to be counted | 1171 |
and counting those provisional ballots determined to be eligible. | 1172 |
No person shall recklessly disclose the count or any portion of | 1173 |
the count of provisional ballots in such a manner as to jeopardize | 1174 |
the secrecy of any individual ballot. | 1175 |
| 1176 |
of this section, nothing in this section shall prevent a board of | 1177 |
elections from examining provisional ballot affirmations and | 1178 |
additional information under divisions (B)(1) and (2) of this | 1179 |
section to determine the eligibility of provisional ballots to be | 1180 |
counted during the ten days after the day of an election. | 1181 |
(2) A board of elections shall not examine the provisional | 1182 |
ballot affirmation and additional information under divisions | 1183 |
(B)(1) and (2) of this section of any provisional ballot | 1184 |
1185 | |
1186 | |
who must provide additional information
| 1187 |
board of elections under division (B)(7) of section 3505.181 of | 1188 |
the Revised Code for the board to determine the individual's | 1189 |
eligibility | 1190 |
until the individual provides | 1191 |
1192 | |
hearing required to be conducted under section 3503.24 of the | 1193 |
Revised Code with regard to the provisional voter is held, or | 1194 |
until the eleventh day after the day of the election, whichever is | 1195 |
earlier. | 1196 |
Sec. 3509.06. (A) The board of elections shall determine | 1197 |
whether absent voter's ballots shall be counted in each precinct, | 1198 |
at the office of the board, or at some other location designated | 1199 |
by the board, and shall proceed accordingly under division (B) or | 1200 |
(C) of this section. | 1201 |
(B) When the board of elections determines that absent | 1202 |
voter's ballots shall be counted in each precinct, the director | 1203 |
shall deliver to the presiding judge of each precinct on election | 1204 |
day identification envelopes purporting to contain absent voter's | 1205 |
ballots of electors whose voting residence appears from the | 1206 |
statement of voter on the outside of each of those envelopes, to | 1207 |
be located in such presiding judge's precinct, and which were | 1208 |
received by the director not later than the close of the polls on | 1209 |
election day. The director shall deliver to such presiding judge a | 1210 |
list containing the name and voting residence of each person whose | 1211 |
voting residence is in such precinct to whom absent voter's | 1212 |
ballots were mailed. | 1213 |
(C) When the board of elections determines that absent | 1214 |
voter's ballots shall be counted at the office of the board of | 1215 |
elections or at another location designated by the board, special | 1216 |
election judges shall be appointed by the board for that purpose | 1217 |
having the same authority as is exercised by precinct judges. The | 1218 |
votes so cast shall be added to the vote totals by the board, and | 1219 |
the absent voter's ballots shall be preserved separately by the | 1220 |
board, in the same manner and for the same length of time as | 1221 |
provided by section 3505.31 of the Revised Code. | 1222 |
(D) Each of the identification envelopes purporting to | 1223 |
contain absent voter's ballots delivered to the presiding judge of | 1224 |
the precinct or the special judge appointed by the board of | 1225 |
elections shall be handled as follows: | 1226 |
(1) The election officials shall compare the signature of the | 1227 |
elector on the outside of the identification envelope with the | 1228 |
signature of that elector on the elector's registration form and | 1229 |
verify that the absent voter's ballot is eligible to be counted | 1230 |
under section 3509.07 of the Revised Code. | 1231 |
(2) Any of the precinct officials may challenge the right of | 1232 |
the elector named on the identification envelope to vote the | 1233 |
absent voter's ballots upon the ground that the signature on the | 1234 |
envelope is not the same as the signature on the registration | 1235 |
form, that the identification envelope statement of voter is | 1236 |
incomplete, or upon any other of the grounds upon which the right | 1237 |
of persons to vote may be lawfully challenged. | 1238 |
(3)(a) An identification envelope statement of voter shall be | 1239 |
considered incomplete if it does not include all of the following: | 1240 |
(i) The voter's name; | 1241 |
(ii) The voter's residence address; | 1242 |
(iii) The voter's date of birth. The requirements of this | 1243 |
division are satisfied if the voter provided a date of birth and | 1244 |
any of the following is true: | 1245 |
(I) The month and day of the voter's date of birth on the | 1246 |
identification envelope statement of voter are not different from | 1247 |
the month and day of the voter's date of birth contained in the | 1248 |
statewide voter registration database. | 1249 |
(II) The voter's date of birth contained in the statewide | 1250 |
voter registration database is January 1, 1800. | 1251 |
(III) The board of elections has found, by a vote of at least | 1252 |
three of its members, that the voter has met the requirements of | 1253 |
divisions (D)(3)(a)(i), (ii), (iv), and (v) of this section. | 1254 |
(iv) The voter's signature; and | 1255 |
(v) One of the following forms of identification: | 1256 |
(I) The voter's driver's license number; | 1257 |
(II) The last four digits of the voter's social security | 1258 |
number; or | 1259 |
(III) A copy of a current and valid photo identification, a | 1260 |
military identification, or a current utility bill, bank | 1261 |
statement, government check, paycheck, or other government | 1262 |
document, other than a notice of voter registration mailed by a | 1263 |
board of elections, that shows the voter's name and address. | 1264 |
(b) If the election officials find that the identification | 1265 |
envelope statement of voter is incomplete or that the information | 1266 |
contained in that statement does not conform to the information | 1267 |
contained in the statewide voter registration database concerning | 1268 |
the voter, the election officials shall mail a written notice to | 1269 |
the voter, informing the voter of the nature of the defect. The | 1270 |
notice shall inform the voter that in order for the voter's ballot | 1271 |
to be counted, the voter must provide the necessary information to | 1272 |
the board of elections in writing and on a form prescribed by the | 1273 |
secretary of state not later than the seventh day after the day of | 1274 |
the election. The voter may deliver the form to the office of the | 1275 |
board in person or by mail. If the voter provides the necessary | 1276 |
information to the board of elections not later than the seventh | 1277 |
day after the day of the election and the ballot is not | 1278 |
successfully challenged on another basis, the voter's ballot shall | 1279 |
be counted in accordance with this section. | 1280 |
(4) If no such challenge is made, or if such a challenge is | 1281 |
made and not sustained, the presiding judge shall open the | 1282 |
envelope without defacing the statement of voter and without | 1283 |
mutilating the ballots in it, and shall remove the ballots | 1284 |
contained in it and proceed to count them. | 1285 |
(5) The name of each person voting who is entitled to vote | 1286 |
only an absent voter's presidential ballot shall be entered in a | 1287 |
pollbook or poll list or signature pollbook followed by the words | 1288 |
"Absentee Presidential Ballot." The name of each person voting an | 1289 |
absent voter's ballot, other than such persons entitled to vote | 1290 |
only a presidential ballot, shall be entered in the pollbook or | 1291 |
poll list or signature pollbook and the person's registration card | 1292 |
marked to indicate that the person has voted. | 1293 |
(6) The date of such election shall also be entered on the | 1294 |
elector's registration form. If any such challenge is made and | 1295 |
sustained, the identification envelope of such elector shall not | 1296 |
be opened, shall be endorsed "Not Counted" with the reasons the | 1297 |
ballots were not counted, and shall be delivered to the board. | 1298 |
(E) Special election judges, employees or members of the | 1299 |
board of elections, or observers shall not disclose the count or | 1300 |
any portion of the count of absent voter's ballots prior to the | 1301 |
time of the closing of the polling places. No person shall | 1302 |
recklessly disclose the count or any portion of the count of | 1303 |
absent voter's ballots in such a manner as to jeopardize the | 1304 |
secrecy of any individual ballot. | 1305 |
(F) Observers may be appointed under section 3505.21 of the | 1306 |
Revised Code to witness the examination and opening of | 1307 |
identification envelopes and the counting of absent voters' | 1308 |
ballots under this section. | 1309 |
Sec. 3509.07. If election officials find that any of the | 1310 |
following are true concerning an absent voter's ballot or absent | 1311 |
voter's presidential ballot and, if applicable, the person did not | 1312 |
provide any required additional information to the board of | 1313 |
elections not later than the seventh day after the day of the | 1314 |
election, as permitted under division (D)(3)(b) of section 3509.06 | 1315 |
of the Revised Code, the ballot shall not be accepted or counted: | 1316 |
(A) The statement accompanying | 1317 |
1318 | |
in division (D)(3)(a) of section 3509.06 of the Revised Code or is | 1319 |
insufficient | 1320 |
(B) The signatures do not correspond with the person's | 1321 |
registration signature | 1322 |
(C) The applicant is not a qualified elector in the precinct | 1323 |
1324 |
(D) The ballot envelope contains more than one ballot of any | 1325 |
one kind, or any voted ballot that the elector is not entitled to | 1326 |
vote | 1327 |
(E) Stub A is detached from the absent voter's ballot or | 1328 |
absent voter's presidential ballot | 1329 |
(F) The elector has not included with the elector's ballot | 1330 |
any identification required under section 3509.05 or 3511.09 of | 1331 |
the Revised Code | 1332 |
The vote of any absent voter may be challenged for cause in | 1333 |
the same manner as other votes are challenged, and the election | 1334 |
officials shall determine the legality of that ballot. Every | 1335 |
ballot not counted shall be endorsed on its back "Not Counted" | 1336 |
with the reasons the ballot was not counted, and shall be enclosed | 1337 |
and returned to or retained by the board of elections along with | 1338 |
the contested ballots. | 1339 |
Section 2. That existing sections 3501.22, 3503.16, 3505.18, | 1340 |
3505.181, 3505.182, 3505.183, 3509.06, and 3509.07 of the Revised | 1341 |
Code are hereby repealed. | 1342 |
Section 3. Section 3505.181 of the Revised Code is presented | 1343 |
in this act as a composite of the section as amended by both Am. | 1344 |
S.B. 10 and Sub. S.B. 47 of the 130th General Assembly. The | 1345 |
General Assembly, applying the principle stated in division (B) of | 1346 |
section 1.52 of the Revised Code that amendments are to be | 1347 |
harmonized if reasonably capable of simultaneous operation, finds | 1348 |
that the composite is the resulting version of the section in | 1349 |
effect prior to the effective date of the section as presented in | 1350 |
this act. | 1351 |
Section 4. Sections 1, 2, and 3 of this act take effect June | 1352 |
1, 2014. | 1353 |
Section 5. In amending sections 3503.16 and 3505.18 of the | 1354 |
Revised Code in this act, the General Assembly does not intend to | 1355 |
alter the provisions of continuing law or of any rules, | 1356 |
directives, or advisories previously issued by the Secretary of | 1357 |
State that permit an elector to cast a regular ballot if the | 1358 |
elector provides photo identification, as defined in division (AA) | 1359 |
of section 3501.01 of the Revised Code, in the form of a driver's | 1360 |
license or state identification card that contains the elector's | 1361 |
former address. | 1362 |