Bill Text: OH SB295 | 2011-2012 | 129th General Assembly | Engrossed

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Bill Title: By Sections 2 and 4 of Am. Sub. H.B. 194 of the 129th General Assembly, and to repeal Sections 5, 6, 7, and 8 of Am. Sub. H.B. 194 of the 129th General Assembly, to continue in operation the provisions of the Election Law currently in effect.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Passed) 2012-08-15 - Effective Date [SB295 Detail]

Download: Ohio-2011-SB295-Engrossed.html

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As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 295

Senator Coley 

Cosponsors: Senators Eklund, Faber, Hite, Jones, Jordan, Niehaus, Obhof, Seitz, Wagoner 

Representatives Brenner, Huffman Speaker Batchelder 

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A BILL

To repeal the versions of sections of the Revised

1

Code amended or enacted by Sections 1 and 3 of Am.

2

Sub. H.B. 194 of the 129th General Assembly, to

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repeal the repeal of sections of the Revised Code

4

by Sections 2 and 4 of Am. Sub. H.B. 194 of the

5

129th General Assembly, and to repeal Sections 5,

6

6, 7, and 8 of Am. Sub. H.B. 194 of the 129th

7

General Assembly, to continue in operation the

8

provisions of the Election Law currently in

9

effect.

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

Section 1. The versions of sections of the Revised Code	11
amended or enacted by Sections 1 and 3 of Am. Sub. H.B. 194 of the	12
129th General Assembly, which are scheduled to take effect only if	13
approved by the voters at a referendum to be held on November 6,	14
2012, are hereby repealed. The repeal of sections of the Revised	15
Code by Sections 2 and 4 of Am. Sub. H.B. 194 of the 129th General	16
Assembly, which is scheduled to take effect only if approved by	17
the voters at a referendum to be held on November 6, 2012, is	18
hereby repealed.	19

By repealing the versions of Revised Code sections enacted or	20
amended by Am. Sub. H.B. 194 of the 129th General Assembly, and by	21
repealing the repeal of Revised Code sections by Am. Sub. H.B. 194	22
of the 129th General Assembly, it is the intent of the General	23
Assembly to continue in operation the following provisions of the	24
Revised Code, which are currently in effect:	25

Sec. 3.02.  (A) When an elective office becomes vacant and is	26
filled by appointment, such appointee shall hold the office until	27
the appointee's successor is elected and qualified; and such	28
successor shall be elected for the unexpired term, at the first	29
general election for the office which is vacant that occurs more	30
than fifty-six days after the vacancy has occurred; provided that	31
when the unexpired term ends within one year immediately following	32
the date of such general election, an election to fill such	33
unexpired term shall not be held and the appointment shall be for	34
such unexpired term.	35

(B) When an elective office becomes vacant and is filled by	36
appointment, the appointing authority shall, immediately but no	37
later than seven days after making the appointment, certify it to	38
the board of elections and to the secretary of state. The board of	39
elections or, in the case of an appointment to a statewide office,	40
the secretary of state shall issue a certificate of appointment to	41
the appointee. Certificates of appointment shall be in such form	42
as the secretary of state shall prescribe.	43

(C) When an elected candidate fails to qualify for the office	44
to which the candidate has been elected, the office shall be	45
filled as in the case of a vacancy. Until so filled, the incumbent	46
officer shall continue to hold office. This section does not	47
postpone the time for such election beyond that at which it would	48
have been held had no such vacancy occurred, or affect the	49
official term, or the time for the commencement thereof, of any	50
person elected to such office before the occurrence of such	51
vacancy.	52

Sec. 7.101.  For publication of proposed amendments to the	53
Ohio constitution, ballot language, and explanations and arguments	54
both for and against proposed amendments, referenda, or laws	55
proposed by initiative petitions, publishers of newspapers may	56
charge and receive rates charged on annual contracts by them for a	57
like amount of space to other advertisers who advertise in its	58
general display advertising columns.	59

Legal advertising of proposed amendments to the constitution	60
shall be printed in display form and shall meet the following	61
specifications. The advertisements shall contain a headline	62
entitled "proposed amendment to the Ohio constitution" printed in	63
not smaller than thirty point type. The ballot language, and	64
explanations and arguments both for and against the proposed	65
amendments, shall be printed in type not smaller than ten point	66
type. For referenda and laws proposed by initiative petitions, the	67
advertisement shall contain a headline entitled "referendum" or,	68
when appropriate, "proposed law" printed in not smaller than	69
thirty point type. All advertisements shall contain such normal	70
spaces and blanks as contribute to clarity and understanding and	71
the entire section of each publication shall be enclosed by a	72
black border line of the same point type size as corresponds to	73
the type size of the ballot language. The notice shall be printed	74
in two or more columns if necessary to contribute to clarity or	75
understanding or if necessary to accommodate the black border	76
outline.	77

All legal advertisements or notices under this section shall	78
be printed in newspapers published in the English language only.	79

Sec. 302.09.  When a vacancy occurs in the board of county	80
commissioners or in the office of county auditor, county	81
treasurer, prosecuting attorney, clerk of the court of common	82
pleas, sheriff, county recorder, county engineer, or coroner more	83
than fifty-six days before the next general election for state and	84
county officers, the vacancy shall be filled as provided for in	85
divisions (A) and (B) of section 305.02 of the Revised Code.	86

Sec. 305.02.  (A) If a vacancy in the office of county	87
commissioner, prosecuting attorney, county auditor, county	88
treasurer, clerk of the court of common pleas, sheriff, county	89
recorder, county engineer, or coroner occurs more than fifty-six	90
days before the next general election for state and county	91
officers, a successor shall be elected at such election for the	92
unexpired term unless such term expires within one year	93
immediately following the date of such general election.	94

In either event, the vacancy shall be filled as provided in	95
this section and the appointee shall hold office until a successor	96
is elected and qualified.	97

(B) If a vacancy occurs from any cause in any of the offices	98
named in division (A) of this section, the county central	99
committee of the political party with which the last occupant of	100
the office was affiliated shall appoint a person to hold the	101
office and to perform the duties thereof until a successor is	102
elected and has qualified, except that if such vacancy occurs	103
because of the death, resignation, or inability to take the office	104
of an officer-elect whose term has not yet begun, an appointment	105
to take such office at the beginning of the term shall be made by	106
the central committee of the political party with which such	107
officer-elect was affiliated.	108

(C) Not less than five nor more than forty-five days after a	109
vacancy occurs, the county central committee shall meet for the	110
purpose of making an appointment under this section. Not less than	111
four days before the date of such meeting the chairperson or	112
secretary of such central committee shall send by first class mail	113
to every member of such central committee a written notice which	114
shall state the time and place of such meeting and the purpose	115
thereof. A majority of the members of the central committee	116
present at such meeting may make the appointment.	117

(D) If the last occupant of the office or the officer-elect	118
was elected as an independent candidate, the board of county	119
commissioners shall make such appointment at the time when the	120
vacancy occurs, except where the vacancy is in the office of	121
county commissioner, in which case the prosecuting attorney and	122
the remaining commissioners or a majority of them shall make the	123
appointment.	124

(E) Appointments made under this section shall be certified	125
by the appointing county central committee or by the board of	126
county commissioners to the county board of elections and to the	127
secretary of state, and the persons so appointed and certified	128
shall be entitled to all remuneration provided by law for the	129
offices to which they are appointed.	130

(F) The board of county commissioners may appoint a person to	131
hold any of the offices named in division (A) of this section as	132
an acting officer and to perform the duties thereof between the	133
occurrence of the vacancy and the time when the officer appointed	134
by the central committee qualifies and takes the office.	135

(G) A person appointed prosecuting attorney or assistant	136
prosecuting attorney shall give bond and take the oath of office	137
prescribed by section 309.03 of the Revised Code for the	138
prosecuting attorney.	139

Sec. 503.24.  If there is a vacancy by reason of the	140
nonacceptance, death, or removal of a person chosen to an office	141
in any township at the regular election, or if there is a vacancy	142
from any other cause, the board of township trustees shall appoint	143
a person having the qualifications of an elector to fill such	144
vacancy for the unexpired term or until a successor is elected.	145

If a township is without a board or if no appointment is made	146
within thirty days after the occurrence of a vacancy, a majority	147
of the persons designated as the committee of five on the	148
last-filed nominating petition of the township officer whose	149
vacancy is to be filled who are residents of the township shall	150
appoint a person having the qualifications of an elector to fill	151
the vacancy for the unexpired term or until a successor is	152
elected. If at least three of the committee members who are	153
residents of the township cannot be found, or if that number of	154
such members fails to make an appointment within ten days after	155
the thirty-day period in which the board of township trustees is	156
authorized to make an appointment, then the presiding probate	157
judge of the county shall appoint a suitable person having the	158
qualifications of an elector in the township to fill the vacancy	159
for the unexpired term or until a successor is elected.	160

If a vacancy occurs in a township elective office more than	161
fifty-six days before the next general election for municipal and	162
township officers a successor shall be chosen at that election to	163
fill the unexpired term, provided the term does not expire within	164
one year from the day of the election. If the term expires within	165
one year from the day of the next general election for municipal	166
and township officers, a successor appointed pursuant to this	167
section shall serve out the unexpired term.	168

Sec. 511.27.  (A) To defray the expenses of the township park	169
district and for purchasing, appropriating, operating,	170
maintaining, and improving lands for parks or recreational	171
purposes, the board of park commissioners may levy a sufficient	172
tax within the ten-mill limitation, not to exceed one mill on each	173
dollar of valuation on all real and personal property within the	174
township, and on all real and personal property within any	175
municipal corporation that is within the township, that was within	176
the township at the time that the park district was established,	177
or the boundaries of which are coterminous with or include the	178
township. The levy shall be over and above all other taxes and	179
limitations on such property authorized by law.	180

(B) Except as otherwise provided in division (C) of this	181
section, the board of park commissioners, not less than ninety	182
days before the day of the election, may declare by resolution	183
that the amount of taxes that may be raised within the ten-mill	184
limitation will be insufficient to provide an adequate amount for	185
the necessary requirements of the district and that it is	186
necessary to levy a tax in excess of that limitation for the use	187
of the district. The resolution shall specify the purpose for	188
which the taxes shall be used, the annual rate proposed, and the	189
number of consecutive years the levy will be in effect. Upon the	190
adoption of the resolution, the question of levying the taxes	191
shall be submitted to the electors of the township and the	192
electors of any municipal corporation that is within the township,	193
that was within the township at the time that the park district	194
was established, or the boundaries of which are coterminous with	195
or include the township, at a special election to be held on	196
whichever of the following occurs first:	197

(1) The day of the next ensuing general election;

198

(2) The first Tuesday after the first Monday in May of any	199
calendar year, except that, if a presidential primary election is	200
held in that calendar year, then the day of that election.	201

The rate submitted to the electors at any one election shall	202
not exceed two mills annually upon each dollar of valuation. If a	203
majority of the electors voting upon the question of the levy vote	204
in favor of the levy, the tax shall be levied on all real and	205
personal property within the township and on all real and personal	206
property within any municipal corporation that is within the	207
township, that was within the township at the time that the park	208
district was established, or the boundaries of which are	209
coterminous with or include the township, and the levy shall be	210
over and above all other taxes and limitations on such property	211
authorized by law.	212

(C) In any township park district that contains only	213
unincorporated territory, if the township board of park	214
commissioners is appointed by the board of township trustees,	215
before a tax can be levied and certified to the county auditor	216
pursuant to section 5705.34 of the Revised Code or before a	217
resolution for a tax levy can be certified to the board of	218
elections pursuant to section 511.28 of the Revised Code, the	219
board of park commissioners shall receive approval for its levy	220
request from the board of township trustees. The board of park	221
commissioners shall adopt a resolution requesting the board of	222
township trustees to approve the levy request, stating the annual	223
rate of the proposed levy and the reason for the levy request. On	224
receiving this request, the board of township trustees shall vote	225
on whether to approve the request and, if a majority votes to	226
approve it, shall issue a resolution approving the levy at the	227
requested rate.	228

Sec. 733.31.  (A) Unless otherwise provided by law, vacancies	229
arising in appointive and elective offices of villages shall be	230
filled by appointment by the mayor for the remainder of the	231
unexpired term, provided that:	232

(1) Vacancies in the office of mayor shall be filled in the	233
manner provided by section 733.25 of the Revised Code;	234

(2) Vacancies in the membership of the legislative authority	235
shall be filled in the manner provided by section 731.43 of the	236
Revised Code;	237

(3) Vacancies in the office of president pro tempore of a	238
village legislative authority shall be filled in the manner	239
provided by section 731.11 of the Revised Code.	240

In the event of a vacancy in the office of village clerk or	241
treasurer, the mayor may appoint a person to serve as an acting	242
officer to perform the duties of the office until a permanent	243
officer is appointed to fill the vacancy.	244

(B) Unless otherwise provided by law, vacancies arising in	245
appointive offices of cities shall be filled by appointment by the	246
mayor for the remainder of the unexpired term.	247

(C) A vacancy in the office of president of the legislative	248
authority of a city shall be filled in the same manner as provided	249
in division (D) of this section. Vacancies in the office of mayor	250
of a city shall be filled in the manner provided in section 733.08	251
of the Revised Code. Vacancies in the membership of the	252
legislative authority of a city shall be filled in the manner	253
provided in section 731.43 of the Revised Code.	254

(D) In case of the death, resignation, removal, or disability	255
of the director of law, auditor, or treasurer of a city and such	256
vacancy occurs more than fifty-six days before the next general	257
election for such office, a successor shall be elected at such	258
election for the unexpired term unless such term expires within	259
one year immediately following the date of such general election.	260
In either event, the vacancy shall be filled as provided in this	261
section and the appointee shall hold office until a successor is	262
elected and qualified.	263

(1) The county central committee of the political party with	264
which the last occupant of the office was affiliated, acting	265
through its members who reside in the city where the vacancy	266
occurs, shall appoint a person to hold the office and to perform	267
the duties thereof until a successor is elected and has qualified,	268
except that if such vacancy occurs because of the death,	269
resignation, or inability to take the office of an officer-elect	270
whose term has not yet begun, an appointment to take such office	271
at the beginning of the term shall be made by the members of the	272
central committee who reside in the city where the vacancy occurs.	273

(2) Not less than five nor more than forty-five days after a	274
vacancy occurs, the county central committee, acting through its	275
members who reside in the city where the vacancy occurs, shall	276
meet for the purpose of making an appointment. Not less than four	277
days before the date of the meeting the chairperson or secretary	278
of the central committee shall send by first class mail to every	279
member of such central committee who resides in the city where the	280
vacancy occurs a written notice which shall state the time and	281
place of such meeting and the purpose thereof. A majority of the	282
members of the central committee present at such meeting may make	283
the appointment.	284

(E) If the last occupant of the office or the officer-elect,	285
as provided in division (D) of this section, was elected as an	286
independent candidate, the mayor of the city shall make the	287
appointment at the time the vacancy occurs.	288

(F) Appointments made under this section shall be certified	289
by the appointing county central committee or by the mayor of the	290
municipal corporation to the county board of elections and to the	291
secretary of state. The persons so appointed and certified shall	292
be entitled to all remuneration provided by law for the offices to	293
which they are appointed.	294

(G) The mayor of the city may appoint a person to hold the	295
city office of director of law, auditor, or treasurer as an acting	296
officer and to perform the duties thereof between the occurrence	297
of the vacancy and the time when the person appointed by the	298
central committee qualifies and takes the office.	299

Sec. 1545.21.  The board of park commissioners, by	300
resolution, may submit to the electors of the park district the	301
question of levying taxes for the use of the district. The	302
resolution shall declare the necessity of levying such taxes,	303
shall specify the purpose for which such taxes shall be used, the	304
annual rate proposed, and the number of consecutive years the rate	305
shall be levied. Such resolution shall be forthwith certified to	306
the board of elections in each county in which any part of such	307
district is located, not later than the ninetieth day before the	308
day of the election, and the question of the levy of taxes as	309
provided in such resolution shall be submitted to the electors of	310
the district at a special election to be held on whichever of the	311
following occurs first:	312

(A) The day of the next general election;

313

(B) The first Tuesday after the first Monday in May in any	314
calendar year, except that if a presidential primary election is	315
held in that calendar year, then the day of that election. The	316
ballot shall set forth the purpose for which the taxes shall be	317
levied, the annual rate of levy, and the number of years of such	318
levy. If the tax is to be placed on the current tax list, the form	319
of the ballot shall state that the tax will be levied in the	320
current tax year and shall indicate the first calendar year the	321
tax will be due. If the resolution of the board of park	322
commissioners provides that an existing levy will be canceled upon	323
the passage of the new levy, the ballot may include a statement	324
that: "an existing levy of ... mills (stating the original levy	325
millage), having ... years remaining, will be canceled and	326
replaced upon the passage of this levy." In such case, the ballot	327
may refer to the new levy as a "replacement levy" if the new	328
millage does not exceed the original millage of the levy being	329
canceled or as a "replacement and additional levy" if the new	330
millage exceeds the original millage of the levy being canceled.	331
If a majority of the electors voting upon the question of such	332
levy vote in favor thereof, such taxes shall be levied and shall	333
be in addition to the taxes authorized by section 1545.20 of the	334
Revised Code, and all other taxes authorized by law. The rate	335
submitted to the electors at any one time shall not exceed two	336
mills annually upon each dollar of valuation. When a tax levy has	337
been authorized as provided in this section or in section 1545.041	338
of the Revised Code, the board of park commissioners may issue	339
bonds pursuant to section 133.24 of the Revised Code in	340
anticipation of the collection of such levy, provided that such	341
bonds shall be issued only for the purpose of acquiring and	342
improving lands. Such levy, when collected, shall be applied in	343
payment of the bonds so issued and the interest thereon. The	344
amount of bonds so issued and outstanding at any time shall not	345
exceed one per cent of the total tax valuation in such district.	346
Such bonds shall bear interest at a rate not to exceed the rate	347
determined as provided in section 9.95 of the Revised Code.	348

Sec. 1901.10.  (A)(1)(a) The judges of the municipal court	349
and officers of the court shall take an oath of office as provided	350
in section 3.23 of the Revised Code. The office of judge of the	351
municipal court is subject to forfeiture, and the judge may be	352
removed from office, for the causes and by the procedure provided	353
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the	354
office of judge exists upon the death, resignation, forfeiture,	355
removal from office, or absence from official duties for a period	356
of six consecutive months, as determined under this section, of	357
the judge and also by reason of the expiration of the term of an	358
incumbent when no successor has been elected or qualified. The	359
chief justice of the supreme court may designate a judge of	360
another municipal court to act until that vacancy is filled in	361
accordance with section 107.08 of the Revised Code. A vacancy	362
resulting from the absence of a judge from official duties for a	363
period of six consecutive months shall be determined and declared	364
by the legislative authority.	365

(b) If a vacancy occurs in the office of judge or clerk of	366
the municipal court after the one-hundredth day before the first	367
Tuesday after the first Monday in May and prior to the fifty-sixth	368
day before the day of the general election, all candidates for	369
election to the unexpired term of the judge or clerk shall file	370
nominating petitions with the board of elections not later than	371
four p.m. on the tenth day following the day on which the vacancy	372
occurs, except that, when the vacancy occurs fewer than four days	373
before the fifty-sixth day before the general election, the	374
deadline for filing shall be four p.m. on the fiftieth day before	375
the day of the general election.	376

(c) Each nominating petition referred to in division	377
(A)(1)(b) of this section shall be in the form prescribed in	378
section 3513.261 of the Revised Code and shall be signed by at	379
least fifty qualified electors of the territory of the municipal	380
court. No nominating petition shall be accepted for filing or	381
filed if it appears on its face to contain signatures aggregating	382
in number more than twice the minimum aggregate number of	383
signatures required by this section.	384

(2) If a judge of a municipal court that has only one judge	385
is temporarily absent, incapacitated, or otherwise unavailable,	386
the judge may appoint a substitute who has the qualifications	387
required by section 1901.06 of the Revised Code or a retired judge	388
of a court of record who is a qualified elector and a resident of	389
the territory of the court. If the judge is unable to make the	390
appointment, the chief justice of the supreme court shall appoint	391
a substitute. The appointee shall serve during the absence,	392
incapacity, or unavailability of the incumbent, shall have the	393
jurisdiction and powers conferred upon the judge of the municipal	394
court, and shall be styled "acting judge." During that time of	395
service, the acting judge shall sign all process and records and	396
shall perform all acts pertaining to the office, except that of	397
removal and appointment of officers of the court. All courts shall	398
take judicial notice of the selection and powers of the acting	399
judge. The incumbent judge shall establish the amount of	400
compensation of an acting judge upon either a per diem, hourly, or	401
other basis, but the rate of pay shall not exceed the per diem	402
amount received by the incumbent judge.	403

(B) When the volume of cases pending in any municipal court	404
necessitates an additional judge, the chief justice of the supreme	405
court, upon the written request of the judge or presiding judge of	406
that municipal court, may designate a judge of another municipal	407
court or county court to serve for any period of time that the	408
chief justice may prescribe. The compensation of a judge so	409
designated shall be paid from the city treasury or, in the case of	410
a county-operated municipal court, from the county treasury. In	411
addition to the annual salary provided for in section 1901.11 of	412
the Revised Code and in addition to any compensation under	413
division (A)(5) or (6) of section 141.04 of the Revised Code to	414
which the judge is entitled in connection with the judge's own	415
court, a full-time or part-time judge while holding court outside	416
the judge's territory on the designation of the chief justice	417
shall receive actual and necessary expenses and compensation as	418
follows:	419

(1) A full-time judge shall receive thirty dollars for each	420
day of the assignment.	421

(2) A part-time judge shall receive for each day of the	422
assignment the per diem compensation of the judges of the court to	423
which the judge is assigned, less the per diem amount paid to	424
those judges pursuant to section 141.04 of the Revised Code,	425
calculated on the basis of two hundred fifty working days per	426
year.	427

If a request is made by a judge or the presiding judge of a	428
municipal court to designate a judge of another municipal court	429
because of the volume of cases in the court for which the request	430
is made and the chief justice reports, in writing, that no	431
municipal or county court judge is available to serve by	432
designation, the judges of the court requesting the designation	433
may appoint a substitute as provided in division (A)(2) of this	434
section, who may serve for any period of time that is prescribed	435
by the chief justice. The substitute judge shall be paid in the	436
same manner and at the same rate as the incumbent judges, except	437
that, if the substitute judge is entitled to compensation under	438
division (A)(5) or (6) of section 141.04 of the Revised Code, then	439
section 1901.121 of the Revised Code shall govern its payment.	440

Sec. 2101.44.  The election upon the question of combining	441
the probate court and the court of common pleas shall be conducted	442
as provided for the election of county officers.	443

The board of election shall provide separate ballots, ballot	444
boxes, tally sheets, blanks, stationery, and all such other	445
supplies as may be necessary in the conduct of such election.	446

Ballots shall be printed with an affirmative and negative	447
statement thereon, as follows:	448

449

		The probate court and the court of common pleas shall be combined.			450
		The probate court and the court of common pleas shall not be combined.			451

452

Returns of said election shall be made and canvassed at the	453
same time and in the same manner as an election for county	454
officers. The board shall certify the result of said election to	455
the secretary of state, to the probate judge of said county, and	456
to the judge of the court of common pleas, and such result shall	457
be spread upon the journal of the probate court and of the court	458
of common pleas.	459

If a majority of the votes cast at such an election are in	460
favor of combining said courts, such courts shall stand combined	461
upon determination of the fact that a majority of the persons	462
voting upon the question of the combination of such courts voted	463
in favor of such combination.	464

Sec. 2301.02.  The number of judges of the court of common	465
pleas for each county, the time for the next election of the	466
judges in the several counties, and the beginning of their terms	467
shall be as follows:	468

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	469
elected in 1956, term to begin February 9, 1957;	470

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	471
Ottawa, and Union counties, one judge, to be elected in 1954, term	472
to begin February 9, 1955;	473

In Auglaize county, one judge, to be elected in 1956, term to	474
begin January 9, 1957;	475

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	476
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	477
Wyandot counties, one judge, to be elected in 1956, term to begin	478
January 1, 1957;	479

In Morrow county, two judges, one to be elected in 1956, term	480
to begin January 1, 1957, and one to be elected in 2006, term to	481
begin January 1, 2007;	482

In Logan county, two judges, one to be elected in 1956, term	483
to begin January 1, 1957, and one to be elected in 2004, term to	484
begin January 2, 2005;	485

In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,	486
Shelby, Van Wert, and Williams counties, one judge, to be elected	487
in 1952, term to begin January 1, 1953;	488

In Champaign county, two judges, one to be elected in 1952,	489
term to begin January 1, 1953, and one to be elected in 2008, term	490
to begin February 10, 2009.	491

In Harrison and Noble counties, one judge, to be elected in	492
1954, term to begin April 18, 1955;	493

In Henry county, two judges, one to be elected in 1956, term	494
to begin May 9, 1957, and one to be elected in 2004, term to begin	495
January 1, 2005;	496

In Putnam county, one judge, to be elected in 1956, term to	497
begin May 9, 1957;	498

In Huron county, one judge, to be elected in 1952, term to	499
begin May 14, 1953;	500

In Perry county, one judge, to be elected in 1954, term to	501
begin July 6, 1956;	502

In Sandusky county, two judges, one to be elected in 1954,	503
term to begin February 10, 1955, and one to be elected in 1978,	504
term to begin January 1, 1979;	505

(B) In Allen county, three judges, one to be elected in 1956,	506
term to begin February 9, 1957, the second to be elected in 1958,	507
term to begin January 1, 1959, and the third to be elected in	508
1992, term to begin January 1, 1993;	509

In Ashtabula county, three judges, one to be elected in 1954,	510
term to begin February 9, 1955, one to be elected in 1960, term to	511
begin January 1, 1961, and one to be elected in 1978, term to	512
begin January 2, 1979;	513

In Athens county, two judges, one to be elected in 1954, term	514
to begin February 9, 1955, and one to be elected in 1990, term to	515
begin July 1, 1991;	516

In Erie county, four judges, one to be elected in 1956, term	517
to begin January 1, 1957, the second to be elected in 1970, term	518
to begin January 2, 1971, the third to be elected in 2004, term to	519
begin January 2, 2005, and the fourth to be elected in 2008, term	520
to begin February 9, 2009;	521

In Fairfield county, three judges, one to be elected in 1954,	522
term to begin February 9, 1955, the second to be elected in 1970,	523
term to begin January 1, 1971, and the third to be elected in	524
1994, term to begin January 2, 1995;	525

In Geauga county, two judges, one to be elected in 1956, term	526
to begin January 1, 1957, and the second to be elected in 1976,	527
term to begin January 6, 1977;	528

In Greene county, four judges, one to be elected in 1956,	529
term to begin February 9, 1957, the second to be elected in 1960,	530
term to begin January 1, 1961, the third to be elected in 1978,	531
term to begin January 2, 1979, and the fourth to be elected in	532
1994, term to begin January 1, 1995;	533

In Hancock county, two judges, one to be elected in 1952,	534
term to begin January 1, 1953, and the second to be elected in	535
1978, term to begin January 1, 1979;	536

In Lawrence county, two judges, one to be elected in 1954,	537
term to begin February 9, 1955, and the second to be elected in	538
1976, term to begin January 1, 1977;	539

In Marion county, three judges, one to be elected in 1952,	540
term to begin January 1, 1953, the second to be elected in 1976,	541
term to begin January 2, 1977, and the third to be elected in	542
1998, term to begin February 9, 1999;	543

In Medina county, three judges, one to be elected in 1956,	544
term to begin January 1, 1957, the second to be elected in 1966,	545
term to begin January 1, 1967, and the third to be elected in	546
1994, term to begin January 1, 1995;	547

In Miami county, two judges, one to be elected in 1954, term	548
to begin February 9, 1955, and one to be elected in 1970, term to	549
begin on January 1, 1971;	550

In Muskingum county, three judges, one to be elected in 1968,	551
term to begin August 9, 1969, one to be elected in 1978, term to	552
begin January 1, 1979, and one to be elected in 2002, term to	553
begin January 2, 2003;	554

In Portage county, three judges, one to be elected in 1956,	555
term to begin January 1, 1957, the second to be elected in 1960,	556
term to begin January 1, 1961, and the third to be elected in	557
1986, term to begin January 2, 1987;	558

In Ross county, two judges, one to be elected in 1956, term	559
to begin February 9, 1957, and the second to be elected in 1976,	560
term to begin January 1, 1977;	561

In Scioto county, three judges, one to be elected in 1954,	562
term to begin February 10, 1955, the second to be elected in 1960,	563
term to begin January 1, 1961, and the third to be elected in	564
1994, term to begin January 2, 1995;	565

In Seneca county, two judges, one to be elected in 1956, term	566
to begin January 1, 1957, and the second to be elected in 1986,	567
term to begin January 2, 1987;	568

In Warren county, four judges, one to be elected in 1954,	569
term to begin February 9, 1955, the second to be elected in 1970,	570
term to begin January 1, 1971, the third to be elected in 1986,	571
term to begin January 1, 1987, and the fourth to be elected in	572
2004, term to begin January 2, 2005;	573

In Washington county, two judges, one to be elected in 1952,	574
term to begin January 1, 1953, and one to be elected in 1986, term	575
to begin January 1, 1987;	576

In Wood county, three judges, one to be elected in 1968, term	577
beginning January 1, 1969, the second to be elected in 1970, term	578
to begin January 2, 1971, and the third to be elected in 1990,	579
term to begin January 1, 1991;	580

In Belmont and Jefferson counties, two judges, to be elected	581
in 1954, terms to begin January 1, 1955, and February 9, 1955,	582
respectively;	583

In Clark county, four judges, one to be elected in 1952, term	584
to begin January 1, 1953, the second to be elected in 1956, term	585
to begin January 2, 1957, the third to be elected in 1986, term to	586
begin January 3, 1987, and the fourth to be elected in 1994, term	587
to begin January 2, 1995.	588

In Clermont county, five judges, one to be elected in 1956,	589
term to begin January 1, 1957, the second to be elected in 1964,	590
term to begin January 1, 1965, the third to be elected in 1982,	591
term to begin January 2, 1983, the fourth to be elected in 1986,	592
term to begin January 2, 1987; and the fifth to be elected in	593
2006, term to begin January 3, 2007;	594

In Columbiana county, two judges, one to be elected in 1952,	595
term to begin January 1, 1953, and the second to be elected in	596
1956, term to begin January 1, 1957;	597

In Delaware county, two judges, one to be elected in 1990,	598
term to begin February 9, 1991, the second to be elected in 1994,	599
term to begin January 1, 1995;	600

In Lake county, six judges, one to be elected in 1958, term	601
to begin January 1, 1959, the second to be elected in 1960, term	602
to begin January 2, 1961, the third to be elected in 1964, term to	603
begin January 3, 1965, the fourth and fifth to be elected in 1978,	604
terms to begin January 4, 1979, and January 5, 1979, respectively,	605
and the sixth to be elected in 2000, term to begin January 6,	606
2001;	607

In Licking county, four judges, one to be elected in 1954,	608
term to begin February 9, 1955, one to be elected in 1964, term to	609
begin January 1, 1965, one to be elected in 1990, term to begin	610
January 1, 1991, and one to be elected in 2004, term to begin	611
January 1, 2005;	612

In Lorain county, nine judges, two to be elected in 1952,	613
terms to begin January 1, 1953, and January 2, 1953, respectively,	614
one to be elected in 1958, term to begin January 3, 1959, one to	615
be elected in 1968, term to begin January 1, 1969, two to be	616
elected in 1988, terms to begin January 4, 1989, and January 5,	617
1989, respectively, two to be elected in 1998, terms to begin	618
January 2, 1999, and January 3, 1999, respectively; and one to be	619
elected in 2006, term to begin January 6, 2007;	620

In Butler county, eleven judges, one to be elected in 1956,	621
term to begin January 1, 1957; two to be elected in 1954, terms to	622
begin January 1, 1955, and February 9, 1955, respectively; one to	623
be elected in 1968, term to begin January 2, 1969; one to be	624
elected in 1986, term to begin January 3, 1987; two to be elected	625
in 1988, terms to begin January 1, 1989, and January 2, 1989,	626
respectively; one to be elected in 1992, term to begin January 4,	627
1993; two to be elected in 2002, terms to begin January 2, 2003,	628
and January 3, 2003, respectively; and one to be elected in 2006,	629
term to begin January 3, 2007;	630

In Richland county, four judges, one to be elected in 1956,	631
term to begin January 1, 1957, the second to be elected in 1960,	632
term to begin February 9, 1961, the third to be elected in 1968,	633
term to begin January 2, 1969, and the fourth to be elected in	634
2004, term to begin January 3, 2005;	635

In Tuscarawas county, two judges, one to be elected in 1956,	636
term to begin January 1, 1957, and the second to be elected in	637
1960, term to begin January 2, 1961;	638

In Wayne county, two judges, one to be elected in 1956, term	639
beginning January 1, 1957, and one to be elected in 1968, term to	640
begin January 2, 1969;	641

In Trumbull county, six judges, one to be elected in 1952,	642
term to begin January 1, 1953, the second to be elected in 1954,	643
term to begin January 1, 1955, the third to be elected in 1956,	644
term to begin January 1, 1957, the fourth to be elected in 1964,	645
term to begin January 1, 1965, the fifth to be elected in 1976,	646
term to begin January 2, 1977, and the sixth to be elected in	647
1994, term to begin January 3, 1995;	648

(C) In Cuyahoga county, thirty-nine judges; eight to be	649
elected in 1954, terms to begin on successive days beginning from	650
January 1, 1955, to January 7, 1955, and February 9, 1955,	651
respectively; eight to be elected in 1956, terms to begin on	652
successive days beginning from January 1, 1957, to January 8,	653
1957; three to be elected in 1952, terms to begin from January 1,	654
1953, to January 3, 1953; two to be elected in 1960, terms to	655
begin on January 8, 1961, and January 9, 1961, respectively; two	656
to be elected in 1964, terms to begin January 4, 1965, and January	657
5, 1965, respectively; one to be elected in 1966, term to begin on	658
January 10, 1967; four to be elected in 1968, terms to begin on	659
successive days beginning from January 9, 1969, to January 12,	660
1969; two to be elected in 1974, terms to begin on January 18,	661
1975, and January 19, 1975, respectively; five to be elected in	662
1976, terms to begin on successive days beginning January 6, 1977,	663
to January 10, 1977; two to be elected in 1982, terms to begin	664
January 11, 1983, and January 12, 1983, respectively; and two to	665
be elected in 1986, terms to begin January 13, 1987, and January	666
14, 1987, respectively;	667

In Franklin county, twenty-two judges; two to be elected in	668
1954, terms to begin January 1, 1955, and February 9, 1955,	669
respectively; four to be elected in 1956, terms to begin January	670
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	671
begin January 1, 1959, to January 4, 1959; three to be elected in	672
1968, terms to begin January 5, 1969, to January 7, 1969; three to	673
be elected in 1976, terms to begin on successive days beginning	674
January 5, 1977, to January 7, 1977; one to be elected in 1982,	675
term to begin January 8, 1983; one to be elected in 1986, term to	676
begin January 9, 1987; two to be elected in 1990, terms to begin	677
July 1, 1991, and July 2, 1991, respectively; one to be elected in	678
1996, term to begin January 2, 1997; and one to be elected in	679
2004, term to begin July 1, 2005;	680

In Hamilton county, twenty-one judges; eight to be elected in	681
1966, terms to begin January 1, 1967, January 2, 1967, and from	682
February 9, 1967, to February 14, 1967, respectively; five to be	683
elected in 1956, terms to begin from January 1, 1957, to January	684
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	685
one to be elected in 1974, term to begin January 15, 1975; one to	686
be elected in 1980, term to begin January 16, 1981; two to be	687
elected at large in the general election in 1982, terms to begin	688
April 1, 1983; one to be elected in 1990, term to begin July 1,	689
1991; and two to be elected in 1996, terms to begin January 3,	690
1997, and January 4, 1997, respectively;	691

In Lucas county, fourteen judges; two to be elected in 1954,	692
terms to begin January 1, 1955, and February 9, 1955,	693
respectively; two to be elected in 1956, terms to begin January 1,	694
1957, and October 29, 1957, respectively; two to be elected in	695
1952, terms to begin January 1, 1953, and January 2, 1953,	696
respectively; one to be elected in 1964, term to begin January 3,	697
1965; one to be elected in 1968, term to begin January 4, 1969;	698
two to be elected in 1976, terms to begin January 4, 1977, and	699
January 5, 1977, respectively; one to be elected in 1982, term to	700
begin January 6, 1983; one to be elected in 1988, term to begin	701
January 7, 1989; one to be elected in 1990, term to begin January	702
2, 1991; and one to be elected in 1992, term to begin January 2,	703
1993;	704

In Mahoning county, seven judges; three to be elected in	705
1954, terms to begin January 1, 1955, January 2, 1955, and	706
February 9, 1955, respectively; one to be elected in 1956, term to	707
begin January 1, 1957; one to be elected in 1952, term to begin	708
January 1, 1953; one to be elected in 1968, term to begin January	709
2, 1969; and one to be elected in 1990, term to begin July 1,	710
1991;	711

In Montgomery county, fifteen judges; three to be elected in	712
1954, terms to begin January 1, 1955, January 2, 1955, and January	713
3, 1955, respectively; four to be elected in 1952, terms to begin	714
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	715
respectively; one to be elected in 1964, term to begin January 3,	716
1965; one to be elected in 1968, term to begin January 3, 1969;	717
three to be elected in 1976, terms to begin on successive days	718
beginning January 4, 1977, to January 6, 1977; two to be elected	719
in 1990, terms to begin July 1, 1991, and July 2, 1991,	720
respectively; and one to be elected in 1992, term to begin January	721
1, 1993.	722

In Stark county, eight judges; one to be elected in 1958,	723
term to begin on January 2, 1959; two to be elected in 1954, terms	724
to begin on January 1, 1955, and February 9, 1955, respectively;	725
two to be elected in 1952, terms to begin January 1, 1953, and	726
April 16, 1953, respectively; one to be elected in 1966, term to	727
begin on January 4, 1967; and two to be elected in 1992, terms to	728
begin January 1, 1993, and January 2, 1993, respectively;	729

In Summit county, thirteen judges; four to be elected in	730
1954, terms to begin January 1, 1955, January 2, 1955, January 3,	731
1955, and February 9, 1955, respectively; three to be elected in	732
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,	733
1959, respectively; one to be elected in 1966, term to begin	734
January 4, 1967; one to be elected in 1968, term to begin January	735
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one	736
to be elected in 1992, term to begin January 6, 1993; and two to	737
be elected in 2008, terms to begin January 5, 2009, and January 6,	738
2009, respectively.	739

Notwithstanding the foregoing provisions, in any county	740
having two or more judges of the court of common pleas, in which	741
more than one-third of the judges plus one were previously elected	742
at the same election, if the office of one of those judges so	743
elected becomes vacant more than fifty-six days prior to the	744
second general election preceding the expiration of that judge's	745
term, the office that that judge had filled shall be abolished as	746
of the date of the next general election, and a new office of	747
judge of the court of common pleas shall be created. The judge who	748
is to fill that new office shall be elected for a six-year term at	749
the next general election, and the term of that judge shall	750
commence on the first day of the year following that general	751
election, on which day no other judge's term begins, so that the	752
number of judges that the county shall elect shall not be reduced.	753

Judges of the probate division of the court of common pleas	754
are judges of the court of common pleas but shall be elected	755
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	756
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	757
counties in which the judge of the court of common pleas elected	758
pursuant to this section also shall serve as judge of the probate	759
division, except in Lorain county in which the judges of the	760
domestic relations division of the Lorain county court of common	761
pleas elected pursuant to this section also shall perform the	762
duties and functions of the judge of the probate division from	763
February 9, 2009, through September 28, 2009, and except in Morrow	764
county in which the judges of the court of common pleas elected	765
pursuant to this section also shall perform the duties and	766
functions of the judge of the probate division.	767

Sec. 3501.01.  As used in the sections of the Revised Code	768
relating to elections and political communications:	769

(A) "General election" means the election held on the first	770
Tuesday after the first Monday in each November.	771

(B) "Regular municipal election" means the election held on	772
the first Tuesday after the first Monday in November in each	773
odd-numbered year.	774

(C) "Regular state election" means the election held on the	775
first Tuesday after the first Monday in November in each	776
even-numbered year.	777

(D) "Special election" means any election other than those	778
elections defined in other divisions of this section. A special	779
election may be held only on the first Tuesday after the first	780
Monday in February, May, August, or November, or on the day	781
authorized by a particular municipal or county charter for the	782
holding of a primary election, except that in any year in which a	783
presidential primary election is held, no special election shall	784
be held in February or May, except as authorized by a municipal or	785
county charter, but may be held on the first Tuesday after the	786
first Monday in March.	787

(E)(1) "Primary" or "primary election" means an election held	788
for the purpose of nominating persons as candidates of political	789
parties for election to offices, and for the purpose of electing	790
persons as members of the controlling committees of political	791
parties and as delegates and alternates to the conventions of	792
political parties. Primary elections shall be held on the first	793
Tuesday after the first Monday in May of each year except in years	794
in which a presidential primary election is held.	795

(2) "Presidential primary election" means a primary election	796
as defined by division (E)(1) of this section at which an election	797
is held for the purpose of choosing delegates and alternates to	798
the national conventions of the major political parties pursuant	799
to section 3513.12 of the Revised Code. Unless otherwise	800
specified, presidential primary elections are included in	801
references to primary elections. In years in which a presidential	802
primary election is held, all primary elections shall be held on	803
the first Tuesday after the first Monday in March except as	804
otherwise authorized by a municipal or county charter.	805

(F) "Political party" means any group of voters meeting the	806
requirements set forth in section 3517.01 of the Revised Code for	807
the formation and existence of a political party.	808

(1) "Major political party" means any political party	809
organized under the laws of this state whose candidate for	810
governor or nominees for presidential electors received no less	811
than twenty per cent of the total vote cast for such office at the	812
most recent regular state election.	813

(2) "Intermediate political party" means any political party	814
organized under the laws of this state whose candidate for	815
governor or nominees for presidential electors received less than	816
twenty per cent but not less than ten per cent of the total vote	817
cast for such office at the most recent regular state election.	818

(3) "Minor political party" means any political party	819
organized under the laws of this state whose candidate for	820
governor or nominees for presidential electors received less than	821
ten per cent but not less than five per cent of the total vote	822
cast for such office at the most recent regular state election or	823
which has filed with the secretary of state, subsequent to any	824
election in which it received less than five per cent of such	825
vote, a petition signed by qualified electors equal in number to	826
at least one per cent of the total vote cast for such office in	827
the last preceding regular state election, except that a newly	828
formed political party shall be known as a minor political party	829
until the time of the first election for governor or president	830
which occurs not less than twelve months subsequent to the	831
formation of such party, after which election the status of such	832
party shall be determined by the vote for the office of governor	833
or president.	834

(G) "Dominant party in a precinct" or "dominant political	835
party in a precinct" means that political party whose candidate	836
for election to the office of governor at the most recent regular	837
state election at which a governor was elected received more votes	838
than any other person received for election to that office in such	839
precinct at such election.	840

(H) "Candidate" means any qualified person certified in	841
accordance with the provisions of the Revised Code for placement	842
on the official ballot of a primary, general, or special election	843
to be held in this state, or any qualified person who claims to be	844
a write-in candidate, or who knowingly assents to being	845
represented as a write-in candidate by another at either a	846
primary, general, or special election to be held in this state.	847

(I) "Independent candidate" means any candidate who claims	848
not to be affiliated with a political party, and whose name has	849
been certified on the office-type ballot at a general or special	850
election through the filing of a statement of candidacy and	851
nominating petition, as prescribed in section 3513.257 of the	852
Revised Code.	853

(J) "Nonpartisan candidate" means any candidate whose name is	854
required, pursuant to section 3505.04 of the Revised Code, to be	855
listed on the nonpartisan ballot, including all candidates for	856
judicial office, for member of any board of education, for	857
municipal or township offices in which primary elections are not	858
held for nominating candidates by political parties, and for	859
offices of municipal corporations having charters that provide for	860
separate ballots for elections for these offices.	861

(K) "Party candidate" means any candidate who claims to be a	862
member of a political party, whose name has been certified on the	863
office-type ballot at a general or special election through the	864
filing of a declaration of candidacy and petition of candidate,	865
and who has won the primary election of the candidate's party for	866
the public office the candidate seeks or is selected by party	867
committee in accordance with section 3513.31 of the Revised Code.	868

(L) "Officer of a political party" includes, but is not	869
limited to, any member, elected or appointed, of a controlling	870
committee, whether representing the territory of the state, a	871
district therein, a county, township, a city, a ward, a precinct,	872
or other territory, of a major, intermediate, or minor political	873
party.	874

(M) "Question or issue" means any question or issue certified	875
in accordance with the Revised Code for placement on an official	876
ballot at a general or special election to be held in this state.	877

(N) "Elector" or "qualified elector" means a person having	878
the qualifications provided by law to be entitled to vote.	879

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

880

(P) "Voting residence" means that place of residence of an	881
elector which shall determine the precinct in which the elector	882
may vote.	883

(Q) "Precinct" means a district within a county established	884
by the board of elections of such county within which all	885
qualified electors having a voting residence therein may vote at	886
the same polling place.	887

(R) "Polling place" means that place provided for each	888
precinct at which the electors having a voting residence in such	889
precinct may vote.	890

(S) "Board" or "board of elections" means the board of	891
elections appointed in a county pursuant to section 3501.06 of the	892
Revised Code.	893

(T) "Political subdivision" means a county, township, city,	894
village, or school district.	895

(U) "Election officer" or "election official" means any of	896
the following:	897

(1) Secretary of state;

898

(2) Employees of the secretary of state serving the division	899
of elections in the capacity of attorney, administrative officer,	900
administrative assistant, elections administrator, office manager,	901
or clerical supervisor;	902

(3) Director of a board of elections;

903

(4) Deputy director of a board of elections;

904

(5) Member of a board of elections;

905

(6) Employees of a board of elections;

906

(7) Precinct polling place judges;

907

(8) Employees appointed by the boards of elections on a	908
temporary or part-time basis.	909

(V) "Acknowledgment notice" means a notice sent by a board of	910
elections, on a form prescribed by the secretary of state,	911
informing a voter registration applicant or an applicant who	912
wishes to change the applicant's residence or name of the status	913
of the application; the information necessary to complete or	914
update the application, if any; and if the application is	915
complete, the precinct in which the applicant is to vote.	916

(W) "Confirmation notice" means a notice sent by a board of	917
elections, on a form prescribed by the secretary of state, to a	918
registered elector to confirm the registered elector's current	919
address.	920

(X) "Designated agency" means an office or agency in the	921
state that provides public assistance or that provides	922
state-funded programs primarily engaged in providing services to	923
persons with disabilities and that is required by the National	924
Voter Registration Act of 1993 to implement a program designed and	925
administered by the secretary of state for registering voters, or	926
any other public or government office or agency that implements a	927
program designed and administered by the secretary of state for	928
registering voters, including the department of job and family	929
services, the program administered under section 3701.132 of the	930
Revised Code by the department of health, the department of mental	931
health, the department of developmental disabilities, the	932
rehabilitation services commission, and any other agency the	933
secretary of state designates. "Designated agency" does not	934
include public high schools and vocational schools, public	935
libraries, or the office of a county treasurer.	936

(Y) "National Voter Registration Act of 1993" means the	937
"National Voter Registration Act of 1993," 107 Stat. 77, 42	938
U.S.C.A. 1973gg.	939

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	940
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	941

(AA) "Photo identification" means a document that meets each	942
of the following requirements:	943

(1) It shows the name of the individual to whom it was	944
issued, which shall conform to the name in the poll list or	945
signature pollbook.	946

(2) It shows the current address of the individual to whom it	947
was issued, which shall conform to the address in the poll list or	948
signature pollbook, except for a driver's license or a state	949
identification card issued under section 4507.50 of the Revised	950
Code, which may show either the current or former address of the	951
individual to whom it was issued, regardless of whether that	952
address conforms to the address in the poll list or signature	953
pollbook.	954

(3) It shows a photograph of the individual to whom it was	955
issued.	956

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

957

(5) It was issued by the government of the United States or	958
this state.	959

Sec. 3501.02.  General elections in the state and its	960
political subdivisions shall be held as follows:	961

(A) For the election of electors of president and	962
vice-president of the United States, in the year of 1932 and every	963
four years thereafter;	964

(B) For the election of a member of the senate of the United	965
States, in the years 1932 and 1934, and every six years after each	966
of such years; except as otherwise provided for filling vacancies;	967

(C) For the election of representatives in the congress of	968
the United States and of elective state and county officers	969
including elected members of the state board of education, in the	970
even-numbered years; except as otherwise provided for filling	971
vacancies;	972

(D) For municipal and township officers, members of boards of	973
education, judges and clerks of municipal courts, in the	974
odd-numbered years;	975

(E) Proposed constitutional amendments or proposed measures	976
submitted by the general assembly or by initiative or referendum	977
petitions to the voters of the state at large may be submitted to	978
the general election in any year occurring at least sixty days, in	979
case of a referendum, and ninety days, in the case of an initiated	980
measure, subsequent to the filing of the petitions therefor.	981
Proposed constitutional amendments submitted by the general	982
assembly to the voters of the state at large may be submitted at a	983
special election occurring on the day in any year specified by	984
division (E) of section 3501.01 of the Revised Code for the	985
holding of a primary election, when a special election on that	986
date is designated by the general assembly in the resolution	987
adopting the proposed constitutional amendment.	988

No special election shall be held on a day other than the day	989
of a general election, unless a law or charter provides otherwise,	990
regarding the submission of a question or issue to the voters of a	991
county, township, city, village, or school district.	992

(F)(1) Notwithstanding any provision of the Revised Code to	993
the contrary, any question or issue, except a candidacy, to be	994
voted upon at an election shall be certified, for placement upon	995
the ballot, to the board of elections not later than four p.m. of	996
the ninetieth day before the day of the election.	997

(2) Any question or issue that is certified for placement on	998
a ballot on or after the effective date of this amendment shall be	999
certified not later than the ninetieth day before the day of the	1000
applicable election, notwithstanding any deadlines appearing in	1001
any section of the Revised Code governing the placement of that	1002
question or issue on the ballot.	1003

Sec. 3501.05.  The secretary of state shall do all of the	1004
following:	1005

(A) Appoint all members of boards of elections;

1006

(B) Issue instructions by directives and advisories in	1007
accordance with section 3501.053 of the Revised Code to members of	1008
the boards as to the proper methods of conducting elections.	1009

(C) Prepare rules and instructions for the conduct of	1010
elections;	1011

(D) Publish and furnish to the boards from time to time a	1012
sufficient number of indexed copies of all election laws then in	1013
force;	1014

(E) Edit and issue all pamphlets concerning proposed laws or	1015
amendments required by law to be submitted to the voters;	1016

(F) Prescribe the form of registration cards, blanks, and	1017
records;	1018

(G) Determine and prescribe the forms of ballots and the	1019
forms of all blanks, cards of instructions, pollbooks, tally	1020
sheets, certificates of election, and forms and blanks required by	1021
law for use by candidates, committees, and boards;	1022

(H) Prepare the ballot title or statement to be placed on the	1023
ballot for any proposed law or amendment to the constitution to be	1024
submitted to the voters of the state;	1025

(I) Except as otherwise provided in section 3519.08 of the	1026
Revised Code, certify to the several boards the forms of ballots	1027
and names of candidates for state offices, and the form and	1028
wording of state referendum questions and issues, as they shall	1029
appear on the ballot;	1030

(J) Except as otherwise provided in division (I)(2)(b) of	1031
section 3501.38 of the Revised Code, give final approval to ballot	1032
language for any local question or issue approved and transmitted	1033
by boards of elections under section 3501.11 of the Revised Code;	1034

(K) Receive all initiative and referendum petitions on state	1035
questions and issues and determine and certify to the sufficiency	1036
of those petitions;	1037

(L) Require such reports from the several boards as are	1038
provided by law, or as the secretary of state considers necessary;	1039

(M) Compel the observance by election officers in the several	1040
counties of the requirements of the election laws;	1041

(N)(1) Except as otherwise provided in division (N)(2) of	1042
this section, investigate the administration of election laws,	1043
frauds, and irregularities in elections in any county, and report	1044
violations of election laws to the attorney general or prosecuting	1045
attorney, or both, for prosecution;	1046

(2) On and after August 24, 1995, report a failure to comply	1047
with or a violation of a provision in sections 3517.08 to 3517.13,	1048
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	1049
Revised Code, whenever the secretary of state has or should have	1050
knowledge of a failure to comply with or a violation of a	1051
provision in one of those sections, by filing a complaint with the	1052
Ohio elections commission under section 3517.153 of the Revised	1053
Code;	1054

(O) Make an annual report to the governor containing the	1055
results of elections, the cost of elections in the various	1056
counties, a tabulation of the votes in the several political	1057
subdivisions, and other information and recommendations relative	1058
to elections the secretary of state considers desirable;	1059

(P) Prescribe and distribute to boards of elections a list of	1060
instructions indicating all legal steps necessary to petition	1061
successfully for local option elections under sections 4301.32 to	1062
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	1063

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	1064
for the removal by boards of elections of ineligible voters from	1065
the statewide voter registration database and, if applicable, from	1066
the poll list or signature pollbook used in each precinct, which	1067
rules shall provide for all of the following:	1068

(1) A process for the removal of voters who have changed	1069
residence, which shall be uniform, nondiscriminatory, and in	1070
compliance with the Voting Rights Act of 1965 and the National	1071
Voter Registration Act of 1993, including a program that uses the	1072
national change of address service provided by the United States	1073
postal system through its licensees;	1074

(2) A process for the removal of ineligible voters under	1075
section 3503.21 of the Revised Code;	1076

(3) A uniform system for marking or removing the name of a	1077
voter who is ineligible to vote from the statewide voter	1078
registration database and, if applicable, from the poll list or	1079
signature pollbook used in each precinct and noting the reason for	1080
that mark or removal.	1081

(R) Prescribe a general program for registering voters or	1082
updating voter registration information, such as name and	1083
residence changes, by boards of elections, designated agencies,	1084
offices of deputy registrars of motor vehicles, public high	1085
schools and vocational schools, public libraries, and offices of	1086
county treasurers consistent with the requirements of section	1087
3503.09 of the Revised Code;	1088

(S) Prescribe a program of distribution of voter registration	1089
forms through boards of elections, designated agencies, offices of	1090
the registrar and deputy registrars of motor vehicles, public high	1091
schools and vocational schools, public libraries, and offices of	1092
county treasurers;	1093

(T) To the extent feasible, provide copies, at no cost and	1094
upon request, of the voter registration form in post offices in	1095
this state;	1096

(U) Adopt rules pursuant to section 111.15 of the Revised	1097
Code for the purpose of implementing the program for registering	1098
voters through boards of elections, designated agencies, and the	1099
offices of the registrar and deputy registrars of motor vehicles	1100
consistent with this chapter;	1101

(V) Establish the full-time position of Americans with	1102
Disabilities Act coordinator within the office of the secretary of	1103
state to do all of the following:	1104

(1) Assist the secretary of state with ensuring that there is	1105
equal access to polling places for persons with disabilities;	1106

(2) Assist the secretary of state with ensuring that each	1107
voter may cast the voter's ballot in a manner that provides the	1108
same opportunity for access and participation, including privacy	1109
and independence, as for other voters;	1110

(3) Advise the secretary of state in the development of	1111
standards for the certification of voting machines, marking	1112
devices, and automatic tabulating equipment.	1113

(W) Establish and maintain a computerized statewide database	1114
of all legally registered voters under section 3503.15 of the	1115
Revised Code that complies with the requirements of the "Help	1116
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	1117
and provide training in the operation of that system;	1118

(X) Ensure that all directives, advisories, other	1119
instructions, or decisions issued or made during or as a result of	1120
any conference or teleconference call with a board of elections to	1121
discuss the proper methods and procedures for conducting	1122
elections, to answer questions regarding elections, or to discuss	1123
the interpretation of directives, advisories, or other	1124
instructions issued by the secretary of state are posted on a web	1125
site of the office of the secretary of state as soon as is	1126
practicable after the completion of the conference or	1127
teleconference call, but not later than the close of business on	1128
the same day as the conference or teleconference call takes place.	1129

(Y) Publish a report on a web site of the office of the	1130
secretary of state not later than one month after the completion	1131
of the canvass of the election returns for each primary and	1132
general election, identifying, by county, the number of absent	1133
voter's ballots cast and the number of those ballots that were	1134
counted, and the number of provisional ballots cast and the number	1135
of those ballots that were counted, for that election. The	1136
secretary of state shall maintain the information on the web site	1137
in an archive format for each subsequent election.	1138

(Z) Conduct voter education outlining voter identification,	1139
absent voters ballot, provisional ballot, and other voting	1140
requirements;	1141

(AA) Establish a procedure by which a registered elector may	1142
make available to a board of elections a more recent signature to	1143
be used in the poll list or signature pollbook produced by the	1144
board of elections of the county in which the elector resides;	1145

(BB) Disseminate information, which may include all or part	1146
of the official explanations and arguments, by means of direct	1147
mail or other written publication, broadcast, or other means or	1148
combination of means, as directed by the Ohio ballot board under	1149
division (F) of section 3505.062 of the Revised Code, in order to	1150
inform the voters as fully as possible concerning each proposed	1151
constitutional amendment, proposed law, or referendum;	1152

(CC) Be the single state office responsible for the	1153
implementation of the "Uniformed and Overseas Citizens Absentee	1154
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	1155
et seq., as amended, in this state. The secretary of state may	1156
delegate to the boards of elections responsibilities for the	1157
implementation of that act, including responsibilities arising	1158
from amendments to that act made by the "Military and Overseas	1159
Voter Empowerment Act," Subtitle H of the National Defense	1160
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123	1161
Stat. 3190.	1162

(DD) Perform other duties required by law.

1163

Whenever a primary election is held under section 3513.32 of	1164
the Revised Code or a special election is held under section	1165
3521.03 of the Revised Code to fill a vacancy in the office of	1166
representative to congress, the secretary of state shall establish	1167
a deadline, notwithstanding any other deadline required under the	1168
Revised Code, by which any or all of the following shall occur:	1169
the filing of a declaration of candidacy and petitions or a	1170
statement of candidacy and nominating petition together with the	1171
applicable filing fee; the filing of protests against the	1172
candidacy of any person filing a declaration of candidacy or	1173
nominating petition; the filing of a declaration of intent to be a	1174
write-in candidate; the filing of campaign finance reports; the	1175
preparation of, and the making of corrections or challenges to,	1176
precinct voter registration lists; the receipt of applications for	1177
absent voter's ballots or armed service absent voter's ballots;	1178
the supplying of election materials to precincts by boards of	1179
elections; the holding of hearings by boards of elections to	1180
consider challenges to the right of a person to appear on a voter	1181
registration list; and the scheduling of programs to instruct or	1182
reinstruct election officers.	1183

In the performance of the secretary of state's duties as the	1184
chief election officer, the secretary of state may administer	1185
oaths, issue subpoenas, summon witnesses, compel the production of	1186
books, papers, records, and other evidence, and fix the time and	1187
place for hearing any matters relating to the administration and	1188
enforcement of the election laws.	1189

In any controversy involving or arising out of the adoption	1190
of registration or the appropriation of funds for registration,	1191
the secretary of state may, through the attorney general, bring an	1192
action in the name of the state in the court of common pleas of	1193
the county where the cause of action arose or in an adjoining	1194
county, to adjudicate the question.	1195

In any action involving the laws in Title XXXV of the Revised	1196
Code wherein the interpretation of those laws is in issue in such	1197
a manner that the result of the action will affect the lawful	1198
duties of the secretary of state or of any board of elections, the	1199
secretary of state may, on the secretary of state's motion, be	1200
made a party.	1201

The secretary of state may apply to any court that is hearing	1202
a case in which the secretary of state is a party, for a change of	1203
venue as a substantive right, and the change of venue shall be	1204
allowed, and the case removed to the court of common pleas of an	1205
adjoining county named in the application or, if there are cases	1206
pending in more than one jurisdiction that involve the same or	1207
similar issues, the court of common pleas of Franklin county.	1208

Public high schools and vocational schools, public libraries,	1209
and the office of a county treasurer shall implement voter	1210
registration programs as directed by the secretary of state	1211
pursuant to this section.	1212

Sec. 3501.051.  (A) Notwithstanding any other section of the	1213
Revised Code, the secretary of state may authorize, in one or more	1214
precincts in one or more counties, a program allowing individuals	1215
under the age of eighteen to enter the polling place and vote in a	1216
simulated election held at the same time as a general election.	1217
Any individual working in or supervising at a simulated election	1218
may enter the polling place and remain within it during the entire	1219
period the polls are open.	1220

(B) A program established under division (A) of this section	1221
shall require all of the following:	1222

(1) That the duties imposed on judges of election and peace	1223
officers under section 3501.33 of the Revised Code be performed by	1224
those judges and officers in regard to simulated elections and all	1225
activities related to simulated elections;	1226

(2) That volunteers provide the personnel necessary to	1227
conduct the simulated election, except that employees of the	1228
secretary of state, employees or members of boards of elections,	1229
and precinct election officials may aid in operating the program	1230
to the extent permitted by the secretary of state;	1231

(3) That individuals under the age of fourteen be accompanied	1232
to the simulated election by an individual eighteen years of age	1233
or over;	1234

(4) Any other requirements the secretary of state considers	1235
necessary for the orderly administration of the election process.	1236

Sec. 3501.053. (A) The secretary of state may issue	1237
instructions as to the proper method of conducting elections to	1238
members of the boards of elections by permanent or temporary	1239
directives.	1240

(1) The secretary of state shall establish a process to allow	1241
public review and public comment of proposed directives. Prior to	1242
issuing any permanent directive, the secretary of state shall	1243
provide reasonable notice of the issuance of the directive and	1244
allow a reasonable amount of time for public review and public	1245
comment of the proposed directive under this division.	1246

No permanent directive shall be issued during the period	1247
beginning ninety days prior to the day of an election and ending	1248
on the fortieth day following the day of that election.	1249

(2) Temporary directives shall only be issued, and shall only	1250
have effect, during the period beginning ninety days prior to the	1251
day of an election and ending on the fortieth day following the	1252
day of that election. Temporary directives shall not be subject to	1253
public review and public comment under division (A)(1) of this	1254
section.	1255

A temporary directive shall not become a permanent directive	1256
unless the temporary directive is proposed as a permanent	1257
directive and subject to public review and public comment under	1258
division (A)(1) of this section.	1259

If the situation prompting the establishment of a temporary	1260
directive appears likely to recur, the secretary of state shall	1261
establish a permanent directive addressing the situation.	1262

(B) In addition to any other publication of directives and	1263
advisories issued by the secretary of state, the secretary of	1264
state shall publish those directives and advisories on a web site	1265
of the office of the secretary of state as soon as is practicable	1266
after they are issued, but not later than the close of business on	1267
the same day as a directive or advisory is issued. The secretary	1268
of state shall not remove from the web site any directives and	1269
advisories so posted. The secretary of state shall provide on that	1270
web site access to all directives and advisories currently in	1271
effect and maintain an archive of all directives and advisories	1272
previously published on that web site.	1273

Sec. 3501.10.  (A) The board of elections shall, as an	1274
expense of the board, provide suitable rooms for its offices and	1275
records and the necessary and proper furniture and supplies for	1276
those rooms. The board may lease such offices and rooms, necessary	1277
to its operation, for the length of time and upon the terms the	1278
board deems in the best interests of the public, provided that the	1279
term of any such lease shall not exceed fifteen years.	1280

Thirty days prior to entering into such a lease, the board	1281
shall notify the board of county commissioners in writing of its	1282
intent to enter into the lease. The notice shall specify the terms	1283
and conditions of the lease. Prior to the thirtieth day after	1284
receiving that notice and before any lease is entered into, the	1285
board of county commissioners may reject the proposed lease by a	1286
majority vote. After receiving written notification of the	1287
rejection by the board of county commissioners, the board of	1288
elections shall not enter into the lease that was rejected, but	1289
may immediately enter into additional lease negotiations, subject	1290
to the requirements of this section.	1291

The board of elections in any county may, by resolution,	1292
request that the board of county commissioners submit to the	1293
electors of the county, in accordance with section 133.18 of the	1294
Revised Code, the question of issuing bonds for the acquisition of	1295
real estate and the construction on it of a suitable building with	1296
necessary furniture and equipment for the proper administration of	1297
the duties of the board of elections. The resolution declaring the	1298
necessity for issuing such bonds shall relate only to the	1299
acquisition of real estate and to the construction, furnishing,	1300
and equipping of a building as provided in this division.	1301

(B) The board of elections in each county shall keep its	1302
offices, or one or more of its branch registration offices, open	1303
for the performance of its duties until nine p.m. on the last day	1304
of registration before a general or primary election. At all other	1305
times during each week, the board shall keep its offices and rooms	1306
open for a period of time that the board considers necessary for	1307
the performance of its duties.	1308

(C) The board of elections may maintain permanent or	1309
temporary branch offices at any place within the county, provided	1310
that, if the board of elections permits electors to vote at a	1311
branch office, electors shall not be permitted to vote at any	1312
other branch office or any other office of the board of elections.	1313

Sec. 3501.11.  Each board of elections shall exercise by a	1314
majority vote all powers granted to the board by Title XXXV of the	1315
Revised Code, shall perform all the duties imposed by law, and	1316
shall do all of the following:	1317

(A) Establish, define, provide, rearrange, and combine	1318
election precincts;	1319

(B) Fix and provide the places for registration and for	1320
holding primaries and elections;	1321

(C) Provide for the purchase, preservation, and maintenance	1322
of booths, ballot boxes, books, maps, flags, blanks, cards of	1323
instructions, and other forms, papers, and equipment used in	1324
registration, nominations, and elections;	1325

(D) Appoint and remove its director, deputy director, and	1326
employees and all registrars, judges, and other officers of	1327
elections, fill vacancies, and designate the ward or district and	1328
precinct in which each shall serve;	1329

(E) Make and issue rules and instructions, not inconsistent	1330
with law or the rules, directives, or advisories issued by the	1331
secretary of state, as it considers necessary for the guidance of	1332
election officers and voters;	1333

(F) Advertise and contract for the printing of all ballots	1334
and other supplies used in registrations and elections;	1335

(G) Provide for the issuance of all notices, advertisements,	1336
and publications concerning elections, except as otherwise	1337
provided in division (G) of section 3501.17 and divisions (F) and	1338
(G) of section 3505.062 of the Revised Code;	1339

(H) Provide for the delivery of ballots, pollbooks, and other	1340
required papers and material to the polling places;	1341

(I) Cause the polling places to be suitably provided with	1342
voting machines, marking devices, automatic tabulating equipment,	1343
stalls, and other required supplies. In fulfilling this duty, each	1344
board of a county that uses voting machines, marking devices, or	1345
automatic tabulating equipment shall conduct a full vote of the	1346
board during a public session of the board on the allocation and	1347
distribution of voting machines, marking devices, and automatic	1348
tabulating equipment for each precinct in the county.	1349

(J) Investigate irregularities, nonperformance of duties, or	1350
violations of Title XXXV of the Revised Code by election officers	1351
and other persons; administer oaths, issue subpoenas, summon	1352
witnesses, and compel the production of books, papers, records,	1353
and other evidence in connection with any such investigation; and	1354
report the facts to the prosecuting attorney or the secretary of	1355
state;	1356

(K) Review, examine, and certify the sufficiency and validity	1357
of petitions and nomination papers, and, after certification,	1358
return to the secretary of state all petitions and nomination	1359
papers that the secretary of state forwarded to the board;	1360

(L) Receive the returns of elections, canvass the returns,	1361
make abstracts of them, and transmit those abstracts to the proper	1362
authorities;	1363

(M) Issue certificates of election on forms to be prescribed	1364
by the secretary of state;	1365

(N) Make an annual report to the secretary of state, on the	1366
form prescribed by the secretary of state, containing a statement	1367
of the number of voters registered, elections held, votes cast,	1368
appropriations received, expenditures made, and other data	1369
required by the secretary of state;	1370

(O) Prepare and submit to the proper appropriating officer a	1371
budget estimating the cost of elections for the ensuing fiscal	1372
year;	1373

(P) Perform other duties as prescribed by law or the rules,	1374
directives, or advisories of the secretary of state;	1375

(Q) Investigate and determine the residence qualifications of	1376
electors;	1377

(R) Administer oaths in matters pertaining to the	1378
administration of the election laws;	1379

(S) Prepare and submit to the secretary of state, whenever	1380
the secretary of state requires, a report containing the names and	1381
residence addresses of all incumbent county, municipal, township,	1382
and board of education officials serving in their respective	1383
counties;	1384

(T) Establish and maintain a voter registration database of	1385
all qualified electors in the county who offer to register;	1386

(U) Maintain voter registration records, make reports	1387
concerning voter registration as required by the secretary of	1388
state, and remove ineligible electors from voter registration	1389
lists in accordance with law and directives of the secretary of	1390
state;	1391

(V) Give approval to ballot language for any local question	1392
or issue and transmit the language to the secretary of state for	1393
the secretary of state's final approval;	1394

(W) Prepare and cause the following notice to be displayed in	1395
a prominent location in every polling place:	1396

"NOTICE	1397

Ohio law prohibits any person from voting or attempting to	1398
vote more than once at the same election.	1399

Violators are guilty of a felony of the fourth degree and	1400
shall be imprisoned and additionally may be fined in accordance	1401
with law."	1402

(X) In all cases of a tie vote or a disagreement in the	1403
board, if no decision can be arrived at, the director or	1404
chairperson shall submit the matter in controversy, not later than	1405
fourteen days after the tie vote or the disagreement, to the	1406
secretary of state, who shall summarily decide the question, and	1407
the secretary of state's decision shall be final.	1408

(Y) Assist each designated agency, deputy registrar of motor	1409
vehicles, public high school and vocational school, public	1410
library, and office of a county treasurer in the implementation of	1411
a program for registering voters at all voter registration	1412
locations as prescribed by the secretary of state. Under this	1413
program, each board of elections shall direct to the appropriate	1414
board of elections any voter registration applications for persons	1415
residing outside the county where the board is located within five	1416
days after receiving the applications.	1417

(Z) On any day on which an elector may vote in person at the	1418
office of the board or at another site designated by the board,	1419
consider the board or other designated site a polling place for	1420
that day. All requirements or prohibitions of law that apply to a	1421
polling place shall apply to the office of the board or other	1422
designated site on that day.	1423

(AA) Perform any duties with respect to voter registration	1424
and voting by uniformed services and overseas voters that are	1425
delegated to the board by law or by the rules, directives, or	1426
advisories of the secretary of state.	1427

Sec. 3501.13.  (A) The director of the board of elections	1428
shall keep a full and true record of the proceedings of the board	1429
and of all moneys received and expended; file and preserve in the	1430
board's office all orders and records pertaining to the	1431
administration of registrations, primaries, and elections; receive	1432
and have the custody of all books, papers, and property belonging	1433
to the board; and perform other duties in connection with the	1434
office of director and the proper conduct of elections as the	1435
board determines.	1436

(B) Before entering upon the duties of the office, the	1437
director shall subscribe to an oath that the director will support	1438
the Constitution of the United States and the Ohio Constitution,	1439
perform all the duties of the office to the best of the director's	1440
ability, enforce the election laws, and preserve all records,	1441
documents, and other property pertaining to the conduct of	1442
elections placed in the director's custody.	1443

(C) The director may administer oaths to persons required by	1444
law to file certificates or other papers with the board, to judges	1445
of elections, to witnesses who are called to testify before the	1446
board, and to voters filling out blanks at the board's offices.	1447
Except as otherwise provided by state or federal law, the records	1448
of the board and papers and books filed in its office are public	1449
records and open to inspection under such reasonable regulations	1450
as shall be established by the board. The following notice shall	1451
be posted in a prominent place at each board office:	1452

"Except as otherwise provided by state or federal law,	1453
records filed in this office of the board of elections are open to	1454
public inspection during normal office hours, pursuant to the	1455
following reasonable regulations: (the board shall here list its	1456
regulations). Whoever prohibits any person from inspecting the	1457
public records of this board is subject to the penalties of	1458
section 3599.161 of the Revised Code."	1459

(D) Upon receipt of a written declaration of intent to retire	1460
as provided for in section 145.38 of the Revised Code, the	1461
director shall provide a copy to each member of the board of	1462
elections.	1463

Sec. 3501.14.  The board of elections shall, by a vote of not	1464
less than three of its members, fix the annual compensation of its	1465
director and deputy director who are selected in accordance with	1466
section 3501.09 of the Revised Code.	1467

The board may, when necessary, appoint a deputy director, who	1468
shall not be a member of the same political party of which the	1469
director is a member, and other employees, prescribe their duties,	1470
and, by a vote of not less than three of its members, fix their	1471
compensation.	1472

The director, deputy director, and other employees of the	1473
board are not public officers and shall serve, during their term	1474
of office, at the discretion of the board. The board may summarily	1475
remove the director or the deputy director by a vote of not less	1476
than three of its members and may remove any other employee by a	1477
majority vote of its membership.	1478

The deputy director and all other election officials shall	1479
take and subscribe to the same oath for the faithful performance	1480
of their duties as is required of the director of the board. The	1481
deputy director shall have the same power as the director to	1482
administer oaths. The board may also employ additional employees,	1483
when necessary, for part time only at the prevailing rate of pay	1484
for such services.	1485

A tie vote or disagreement in the board on the amount of	1486
compensation to be paid to a director, deputy director, or any	1487
employee shall not be submitted to the secretary of state.	1488

Sec. 3501.17.  (A) The expenses of the board of elections	1489
shall be paid from the county treasury, in pursuance of	1490
appropriations by the board of county commissioners, in the same	1491
manner as other county expenses are paid. If the board of county	1492
commissioners fails to appropriate an amount sufficient to provide	1493
for the necessary and proper expenses of the board of elections	1494
pertaining to the conduct of elections, the board of elections may	1495
apply to the court of common pleas within the county, which shall	1496
fix the amount necessary to be appropriated and the amount shall	1497
be appropriated. Payments shall be made upon vouchers of the board	1498
of elections certified to by its chairperson or acting chairperson	1499
and the director or deputy director, upon warrants of the county	1500
auditor.	1501

The board of elections shall not incur any obligation	1502
involving the expenditure of money unless there are moneys	1503
sufficient in the funds appropriated therefor to meet the	1504
obligation. If the board of elections requests a transfer of funds	1505
from one of its appropriation items to another, the board of	1506
county commissioners shall adopt a resolution providing for the	1507
transfer except as otherwise provided in section 5705.40 of the	1508
Revised Code. The expenses of the board of elections shall be	1509
apportioned among the county and the various subdivisions as	1510
provided in this section, and the amount chargeable to each	1511
subdivision shall be withheld by the county auditor from the	1512
moneys payable thereto at the time of the next tax settlement. At	1513
the time of submitting budget estimates in each year, the board of	1514
elections shall submit to the taxing authority of each	1515
subdivision, upon the request of the subdivision, an estimate of	1516
the amount to be withheld from the subdivision during the next	1517
fiscal year.	1518

A board of township trustees may, by resolution, request that	1519
the county auditor withhold expenses charged to the township from	1520
a specified township fund that is to be credited with revenue at a	1521
tax settlement. The resolution shall specify the tax levy ballot	1522
issue, the date of the election on the levy issue, and the	1523
township fund from which the expenses the board of elections	1524
incurs related to that ballot issue shall be withheld.	1525

(B) Except as otherwise provided in division (F) of this	1526
section, the compensation of the members of the board of elections	1527
and of the director, deputy director, and regular employees in the	1528
board's offices, other than compensation for overtime worked; the	1529
expenditures for the rental, furnishing, and equipping of the	1530
office of the board and for the necessary office supplies for the	1531
use of the board; the expenditures for the acquisition, repair,	1532
care, and custody of the polling places, booths, guardrails, and	1533
other equipment for polling places; the cost of tally sheets,	1534
maps, flags, ballot boxes, and all other permanent records and	1535
equipment; the cost of all elections held in and for the state and	1536
county; and all other expenses of the board which are not	1537
chargeable to a political subdivision in accordance with this	1538
section shall be paid in the same manner as other county expenses	1539
are paid.	1540

(C) The compensation of judges of elections and intermittent	1541
employees in the board's offices; the cost of renting, moving,	1542
heating, and lighting polling places and of placing and removing	1543
ballot boxes and other fixtures and equipment thereof, including	1544
voting machines, marking devices, and automatic tabulating	1545
equipment; the cost of printing and delivering ballots, cards of	1546
instructions, registration lists required under section 3503.23 of	1547
the Revised Code, and other election supplies, including the	1548
supplies required to comply with division (H) of section 3506.01	1549
of the Revised Code; the cost of contractors engaged by the board	1550
to prepare, program, test, and operate voting machines, marking	1551
devices, and automatic tabulating equipment; and all other	1552
expenses of conducting primaries and elections in the odd-numbered	1553
years shall be charged to the subdivisions in and for which such	1554
primaries or elections are held. The charge for each primary or	1555
general election in odd-numbered years for each subdivision shall	1556
be determined in the following manner: first, the total cost of	1557
all chargeable items used in conducting such elections shall be	1558
ascertained; second, the total charge shall be divided by the	1559
number of precincts participating in such election, in order to	1560
fix the cost per precinct; third, the cost per precinct shall be	1561
prorated by the board of elections to the subdivisions conducting	1562
elections for the nomination or election of offices in such	1563
precinct; fourth, the total cost for each subdivision shall be	1564
determined by adding the charges prorated to it in each precinct	1565
within the subdivision.	1566

(D) The entire cost of special elections held on a day other	1567
than the day of a primary or general election, both in	1568
odd-numbered or in even-numbered years, shall be charged to the	1569
subdivision. Where a special election is held on the same day as a	1570
primary or general election in an even-numbered year, the	1571
subdivision submitting the special election shall be charged only	1572
for the cost of ballots and advertising. Where a special election	1573
is held on the same day as a primary or general election in an	1574
odd-numbered year, the subdivision submitting the special election	1575
shall be charged for the cost of ballots and advertising for such	1576
special election, in addition to the charges prorated to such	1577
subdivision for the election or nomination of candidates in each	1578
precinct within the subdivision, as set forth in the preceding	1579
paragraph.	1580

(E) Where a special election is held on the day specified by	1581
division (E) of section 3501.01 of the Revised Code for the	1582
holding of a primary election, for the purpose of submitting to	1583
the voters of the state constitutional amendments proposed by the	1584
general assembly, and a subdivision conducts a special election on	1585
the same day, the entire cost of the special election shall be	1586
divided proportionally between the state and the subdivision based	1587
upon a ratio determined by the number of issues placed on the	1588
ballot by each, except as otherwise provided in division (G) of	1589
this section. Such proportional division of cost shall be made	1590
only to the extent funds are available for such purpose from	1591
amounts appropriated by the general assembly to the secretary of	1592
state. If a primary election is also being conducted in the	1593
subdivision, the costs shall be apportioned as otherwise provided	1594
in this section.	1595

(F) When a precinct is open during a general, primary, or	1596
special election solely for the purpose of submitting to the	1597
voters a statewide ballot issue, the state shall bear the entire	1598
cost of the election in that precinct and shall reimburse the	1599
county for all expenses incurred in opening the precinct.	1600

(G)(1) The state shall bear the entire cost of advertising in	1601
newspapers statewide ballot issues, explanations of those issues,	1602
and arguments for or against those issues, as required by Section	1603
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	1604
and any other section of law. Appropriations made to the	1605
controlling board shall be used to reimburse the secretary of	1606
state for all expenses the secretary of state incurs for such	1607
advertising under division (G) of section 3505.062 of the Revised	1608
Code.	1609

(2) There is hereby created in the state treasury the	1610
statewide ballot advertising fund. The fund shall receive	1611
transfers approved by the controlling board, and shall be used by	1612
the secretary of state to pay the costs of advertising state	1613
ballot issues as required under division (G)(1) of this section.	1614
Any such transfers may be requested from and approved by the	1615
controlling board prior to placing the advertising, in order to	1616
facilitate timely provision of the required advertising.	1617

(H) The cost of renting, heating, and lighting registration	1618
places; the cost of the necessary books, forms, and supplies for	1619
the conduct of registration; and the cost of printing and posting	1620
precinct registration lists shall be charged to the subdivision in	1621
which such registration is held.	1622

(I) At the request of a majority of the members of the board	1623
of elections, the board of county commissioners may, by	1624
resolution, establish an elections revenue fund. Except as	1625
otherwise provided in this division, the purpose of the fund shall	1626
be to accumulate revenue withheld by or paid to the county under	1627
this section for the payment of any expense related to the duties	1628
of the board of elections specified in section 3501.11 of the	1629
Revised Code, upon approval of a majority of the members of the	1630
board of elections. The fund shall not accumulate any revenue	1631
withheld by or paid to the county under this section for the	1632
compensation of the members of the board of elections or of the	1633
director, deputy director, or other regular employees in the	1634
board's offices, other than compensation for overtime worked.	1635

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	1636
Revised Code, the board of county commissioners may, by	1637
resolution, transfer money to the elections revenue fund from any	1638
other fund of the political subdivision from which such payments	1639
lawfully may be made. Following an affirmative vote of a majority	1640
of the members of the board of elections, the board of county	1641
commissioners may, by resolution, rescind an elections revenue	1642
fund established under this division. If an elections revenue fund	1643
is rescinded, money that has accumulated in the fund shall be	1644
transferred to the county general fund.	1645

(J) As used in this section:

1646

(1) "Political subdivision" and "subdivision" mean any board	1647
of county commissioners, board of township trustees, legislative	1648
authority of a municipal corporation, board of education, or any	1649
other board, commission, district, or authority that is empowered	1650
to levy taxes or permitted to receive the proceeds of a tax levy,	1651
regardless of whether the entity receives tax settlement moneys as	1652
described in division (A) of this section;	1653

(2) "Statewide ballot issue" means any ballot issue, whether	1654
proposed by the general assembly or by initiative or referendum,	1655
that is submitted to the voters throughout the state.	1656

Sec. 3501.18.  (A) The board of elections may divide a	1657
political subdivision within its jurisdiction into precincts,	1658
establish, define, divide, rearrange, and combine the several	1659
election precincts within its jurisdiction, and change the	1660
location of the polling place for each precinct when it is	1661
necessary to maintain the requirements as to the number of voters	1662
in a precinct and to provide for the convenience of the voters and	1663
the proper conduct of elections. No change in the number of	1664
precincts or in precinct boundaries shall be made during the	1665
twenty-five days immediately preceding a primary or general	1666
election or between the first day of January and the day on which	1667
the members of county central committees are elected in the years	1668
in which those committees are elected. Except as otherwise	1669
provided in division (C) of this section, each precinct shall	1670
contain a number of electors, not to exceed one thousand four	1671
hundred, that the board of elections determines to be a reasonable	1672
number after taking into consideration the type and amount of	1673
available equipment, prior voter turnout, the size and location of	1674
each selected polling place, available parking, availability of an	1675
adequate number of poll workers, and handicap accessibility and	1676
other accessibility to the polling place.	1677

If the board changes the boundaries of a precinct after the	1678
filing of a local option election petition pursuant to sections	1679
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that	1680
calls for a local option election to be held in that precinct, the	1681
local option election shall be held in the area that constituted	1682
the precinct at the time the local option petition was filed,	1683
regardless of the change in the boundaries.	1684

If the board changes the boundaries of a precinct in order to	1685
meet the requirements of division (B)(1) of this section in a	1686
manner that causes a member of a county central committee to no	1687
longer qualify as a representative of an election precinct in the	1688
county, of a ward of a city in the county, or of a township in the	1689
county, the member shall continue to represent the precinct, ward,	1690
or township for the remainder of the member's term, regardless of	1691
the change in boundaries.	1692

In an emergency, the board may provide more than one polling	1693
place in a precinct. In order to provide for the convenience of	1694
the voters, the board may locate polling places for voting or	1695
registration outside the boundaries of precincts, provided that	1696
the nearest public school or public building shall be used if the	1697
board determines it to be available and suitable for use as a	1698
polling place. Except in an emergency, no change in the number or	1699
location of the polling places in a precinct shall be made during	1700
the twenty-five days immediately preceding a primary or general	1701
election.	1702

Electors who have failed to respond within thirty days to any	1703
confirmation notice shall not be counted in determining the size	1704
of any precinct under this section.	1705

(B)(1) Except as otherwise provided in division (B)(2) of	1706
this section, a board of elections shall determine all precinct	1707
boundaries using geographical units used by the United States	1708
department of commerce, bureau of the census, in reporting the	1709
decennial census of Ohio.	1710

(2) The board of elections may apply to the secretary of	1711
state for a waiver from the requirement of division (B)(1) of this	1712
section when it is not feasible to comply with that requirement	1713
because of unusual physical boundaries or residential development	1714
practices that would cause unusual hardship for voters. The board	1715
shall identify the affected precincts and census units, explain	1716
the reason for the waiver request, and include a map illustrating	1717
where the census units will be split because of the requested	1718
waiver. If the secretary of state approves the waiver and so	1719
notifies the board of elections in writing, the board may change a	1720
precinct boundary as necessary under this section, notwithstanding	1721
the requirement in division (B)(1) of this section.	1722

(C) The board of elections may apply to the secretary of	1723
state for a waiver from the requirement of division (A) of this	1724
section regarding the number of electors in a precinct when the	1725
use of geographical units used by the United States department of	1726
commerce, bureau of the census, will cause a precinct to contain	1727
more than one thousand four hundred electors. The board shall	1728
identify the affected precincts and census units, explain the	1729
reason for the waiver request, and include a map illustrating	1730
where census units will be split because of the requested waiver.	1731
If the secretary of state approves the waiver and so notifies the	1732
board of elections in writing, the board may change a precinct	1733
boundary as necessary to meet the requirements of division (B)(1)	1734
of this section.	1735

Sec. 3501.20.  The lands used for a state or national home	1736
for disabled soldiers shall constitute a separate election	1737
precinct, and, if necessary, may be divided and rearranged within	1738
such limits as other precincts are arranged and divided.	1739

Sec. 3501.22.  (A) On or before the fifteenth day of	1740
September in each year, the board of elections by a majority vote	1741
shall, after careful examination and investigation as to their	1742
qualifications, appoint for each election precinct four residents	1743
of the county in which the precinct is located, as judges. Except	1744
as otherwise provided in division (C) of this section, all judges	1745
of election shall be qualified electors. The judges shall	1746
constitute the election officers of the precinct. Not more than	1747
one-half of the total number of judges shall be members of the	1748
same political party. The term of such precinct officers shall be	1749
for one year. The board may, at any time, designate any number of	1750
election officers, not more than one-half of whom shall be members	1751
of the same political party, to perform their duties at any	1752
precinct in any election. The board may appoint additional	1753
officials, equally divided between the two major political	1754
parties, when necessary to expedite voting.	1755

Vacancies for unexpired terms shall be filled by the board.	1756
When new precincts have been created, the board shall appoint	1757
judges for those precincts for the unexpired term. Any judge may	1758
be summarily removed from office at any time by the board for	1759
neglect of duty, malfeasance, or misconduct in office or for any	1760
other good and sufficient reason.	1761

Precinct election officials shall perform all of the duties	1762
provided by law for receiving the ballots and supplies, opening	1763
and closing the polls, and overseeing the casting of ballots	1764
during the time the polls are open, and any other duties required	1765
by section 3501.26 of the Revised Code.	1766

A board of elections may designate two precinct election	1767
officials as counting officials to count and tally the votes cast	1768
and certify the results of the election at each precinct, and	1769
perform other duties as provided by law. To expedite the counting	1770
of votes at each precinct, the board may appoint additional	1771
officials, not more than one-half of whom shall be members of the	1772
same political party.	1773

The board shall designate one of the precinct election	1774
officials who is a member of the dominant political party to serve	1775
as a presiding judge, whose duty it is to deliver the returns of	1776
the election and all supplies to the office of the board. For	1777
these services, the presiding judge shall receive additional	1778
compensation in an amount, consistent with section 3501.28 of the	1779
Revised Code, determined by the board of elections.	1780

The board shall issue to each precinct election official a	1781
certificate of appointment, which the official shall present to	1782
the presiding judge at the time the polls are opened.	1783

(B) If the board of elections determines that not enough	1784
qualified electors in a precinct are available to serve as	1785
precinct officers, it may appoint persons to serve as precinct	1786
officers at a primary, special, or general election who are at	1787
least seventeen years of age and are registered to vote in	1788
accordance with section 3503.07 of the Revised Code.	1789

(C)(1) A board of elections, in conjunction with the board of	1790
education of a city, local, or exempted village school district,	1791
the governing authority of a community school established under	1792
Chapter 3314. of the Revised Code, or the chief administrator of a	1793
nonpublic school may establish a program permitting certain high	1794
school students to apply and, if appointed by the board of	1795
elections, to serve as precinct officers at a primary, special, or	1796
general election.	1797

In addition to the requirements established by division	1798
(C)(2) of this section, a board of education, governing authority,	1799
or chief administrator that establishes a program under this	1800
division in conjunction with a board of elections may establish	1801
additional criteria that students shall meet to be eligible to	1802
participate in that program.	1803

(2)(a) To be eligible to participate in a program established	1804
under division (C)(1) of this section, a student shall be a United	1805
States citizen, a resident of the county, at least seventeen years	1806
of age, and enrolled in the senior year of high school.	1807

(b) Any student applying to participate in a program	1808
established under division (C)(1) of this section, as part of the	1809
student's application process, shall declare the student's	1810
political party affiliation with the board of elections.	1811

(3) No student appointed as a precinct officer pursuant to a	1812
program established under division (C)(1) of this section shall be	1813
designated as a presiding judge.	1814

(4) Any student participating in a program established under	1815
division (C)(1) of this section shall be excused for that	1816
student's absence from school on the day of an election at which	1817
the student is serving as a precinct officer.	1818

(D) In any precinct with six or more precinct officers, up to	1819
two students participating in a program established under division	1820
(C)(1) of this section who are under eighteen years of age may	1821
serve as precinct officers. Not more than one precinct officer in	1822
any given precinct with fewer than six precinct officers shall be	1823
under eighteen years of age.	1824

Sec. 3501.26.  When the polls are closed after a primary,	1825
general, or special election, the receiving officials shall, in	1826
the presence of the counting officials and attending observers,	1827
proceed as follows:	1828

(A) Count the number of electors who voted, as shown on the	1829
poll books;	1830

(B) Count the unused ballots without removing stubs;

1831

(C) Count the soiled and defaced ballots;

1832

(D) Insert the totals of divisions (A), (B), and (C) of this	1833
section on the report forms provided therefor in the poll books;	1834

(E) Count the voted ballots. If the number of voted ballots	1835
exceeds the number of voters whose names appear upon the poll	1836
books, the presiding judge shall enter on the poll books an	1837
explanation of that discrepancy, and that explanation, if agreed	1838
to, shall be subscribed to by all of the judges. Any judge having	1839
a different explanation shall enter it in the poll books and	1840
subscribe to it.	1841

(F) Put the unused ballots with stubs attached, and soiled	1842
and defaced ballots with stubs attached, in the envelopes or	1843
containers provided therefor, and certify the number.	1844

The receiving officials shall deliver to and place in the	1845
custody of the counting officials all the supplies provided for	1846
the conduct of that election and the ballots that are to be	1847
counted and tallied, and take a receipt for the same, which	1848
receipt shall appear in and be a part of the poll books of such	1849
precinct. Having performed their duties, the receiving officials	1850
shall immediately depart.	1851

Having receipted for the ballots, the counting officials	1852
shall proceed to count and tally the vote as cast in the manner	1853
prescribed by section 3505.27 of the Revised Code and certify the	1854
result of the election to the board of elections.	1855

Sec. 3501.27.  (A) All judges of election shall complete a	1856
program of instruction pursuant to division (B) of this section.	1857
No person who has been convicted of a felony or any violation of	1858
the election laws, who is unable to read and write the English	1859
language readily, or who is a candidate for an office to be voted	1860
for by the voters of the precinct in which the person is to serve	1861
shall serve as an election officer. A person when appointed as an	1862
election officer shall receive from the board of elections a	1863
certificate of appointment that may be revoked at any time by the	1864
board for good and sufficient reasons. The certificate shall be in	1865
the form the board prescribes and shall specify the precinct,	1866
ward, or district in and for which the person to whom it is issued	1867
is appointed to serve, the date of appointment, and the expiration	1868
of the person's term of service.	1869

(B) Each board shall establish a program as prescribed by the	1870
secretary of state for the instruction of election officers in the	1871
rules, procedures, and law relating to elections. In each program,	1872
the board shall use training materials prepared by the secretary	1873
of state and may use additional materials prepared by or on behalf	1874
of the board. The board may use the services of unpaid volunteers	1875
in conducting its program and may reimburse those volunteers for	1876
necessary and actual expenses incurred in participating in the	1877
program.	1878

The board shall train each new election officer before the	1879
new officer participates in the first election in that capacity.	1880
The board shall instruct election officials who have been trained	1881
previously only when the board or secretary of state considers	1882
that instruction necessary, but the board shall reinstruct such	1883
persons, other than presiding judges, at least once in every three	1884
years and shall reinstruct presiding judges before the primary	1885
election in even-numbered years. The board shall schedule any	1886
program of instruction within sixty days prior to the election in	1887
which the officials to be trained will participate.	1888

(C) The duties of a judge of an election in each polling	1889
place shall be performed only by an individual who has	1890
successfully completed the requirements of the program, unless	1891
such an individual is unavailable after reasonable efforts to	1892
obtain such services.	1893

(D) The secretary of state shall establish a program for the	1894
instruction of members of boards of elections and employees of	1895
boards in the rules, procedures, and law relating to elections.	1896
Each member and employee shall complete the training program	1897
within six months after the member's or employee's original	1898
appointment or employment, and thereafter each member and employee	1899
shall complete a training program to update their knowledge once	1900
every four years or more often as determined by the secretary of	1901
state.	1902

(E) The secretary of state shall reimburse each county for	1903
the cost of programs established pursuant to division (B) of this	1904
section, once the secretary of state has received an itemized	1905
statement of expenses for such instruction programs from the	1906
county. The itemized statement shall be in a form prescribed by	1907
the secretary of state.	1908

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

1909

(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor	1910
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as	1911
amended.	1912

(2) "Full election day" means the period of time between the	1913
opening of the polls and the completion of the procedures	1914
contained in section 3501.26 of the Revised Code.	1915

(3) "Services" means services at each general, primary, or	1916
special election.	1917

(B) Beginning with calendar year 1998, each judge of an	1918
election in a county shall be paid for the judge's services at the	1919
same hourly rate, which shall be not less than the minimum hourly	1920
rate established by the Fair Labor Standards Act and not more than	1921
eighty-five dollars per diem.	1922

(C) Beginning with calendar year 2004, each judge of an	1923
election in a county shall be paid for the judge's services at the	1924
same hourly rate, which shall be not less than the minimum hourly	1925
rate established by the Fair Labor Standards Act and not more than	1926
ninety-five dollars per diem.	1927

(D) The secretary of state shall establish, by rule adopted	1928
under section 111.15 of the Revised Code, the maximum amount of	1929
per diem compensation that may be paid to judges of an election	1930
under this section each time the Fair Labor Standards Act is	1931
amended to increase the minimum hourly rate established by the	1932
act. Upon learning of such an increase, the secretary of state	1933
shall determine by what percentage the minimum hourly rate has	1934
been increased under the act and establish a new maximum amount of	1935
per diem compensation that judges of an election may be paid under	1936
this section that is increased by the same percentage that the	1937
minimum hourly rate has been increased under the act.	1938

(E)(1)(a) No board of elections shall increase the pay of a	1939
judge of an election under this section during a calendar year	1940
unless the board has given written notice of the proposed increase	1941
to the board of county commissioners not later than the first day	1942
of October of the preceding calendar year.	1943

(b) Except as otherwise provided in division (E)(2) of this	1944
section, a board of elections may increase the pay of a judge of	1945
an election during a calendar year by up to, but not exceeding,	1946
nine per cent over the compensation paid to a judge of an election	1947
in the county where the board is located during the previous	1948
calendar year, if the compensation so paid during the previous	1949
calendar year was eighty-five dollars or less per diem.	1950

(c) Except as otherwise provided in division (E)(2) of this	1951
section, a board of elections may increase the pay of a judge of	1952
an election during a calendar year by up to, but not exceeding,	1953
four and one-half per cent over the compensation paid to a judge	1954
of an election in the county where the board is located during the	1955
previous calendar year, if the compensation so paid during the	1956
previous calendar year was more than eighty-five but less than	1957
ninety-five dollars per diem.	1958

(2) The board of county commissioners may review and comment	1959
upon a proposed increase and may enter into a written agreement	1960
with a board of elections to permit an increase in the	1961
compensation paid to judges of an election for their services	1962
during a calendar year that is greater than the applicable	1963
percentage limitation described in division (E)(1)(b) or (c) of	1964
this section.	1965

(F) No judge of an election who works less than the full	1966
election day shall be paid the maximum amount allowed under this	1967
section or the maximum amount as set by the board of elections,	1968
whichever is less.	1969

(G)(1) Except as otherwise provided in divisions (G)(4) to	1970
(6) of this section, any employee of the state or of any political	1971
subdivision of the state may serve as a judge of elections on the	1972
day of an election without loss of the employee's regular	1973
compensation for that day as follows:	1974

(a) For employees of a county office, department, commission,	1975
board, or other entity, or of a court of common pleas, county	1976
court, or county-operated municipal court, as defined in section	1977
1901.03 of the Revised Code, the employee's appointing authority	1978
may permit leave with pay for this service in accordance with a	1979
resolution setting forth the terms and conditions for that leave	1980
passed by the board of county commissioners.	1981

(b) For all other employees of a political subdivision of the	1982
state, leave with pay for this service shall be subject to the	1983
terms and conditions set forth in an ordinance or a resolution	1984
passed by the legislative authority of the applicable political	1985
subdivision.	1986

(c) For state employees, leave with pay for this service	1987
shall be subject to the terms and conditions set forth by the head	1988
of the state agency, as defined in section 1.60 of the Revised	1989
Code, by which the person is employed.	1990

(2) Any terms and conditions set forth by a board of county	1991
commissioners, legislative authority of a political subdivision,	1992
or head of a state agency under division (G)(1) of this section	1993
shall include a standard procedure for deciding which employees	1994
are permitted to receive leave with pay if multiple employees of	1995
an entity or court described in division (G)(1)(a) of this	1996
section, of an entity of a political subdivision described in	1997
division (G)(1)(b) of this section, or of a state agency as	1998
defined in section 1.60 of the Revised Code apply to serve as a	1999
judge of elections on the day of an election. This procedure shall	2000
be applied uniformly to all similarly situated employees.	2001

(3) Any employee who is eligible for leave with pay under	2002
division (G)(1) of this section shall receive, in addition to the	2003
employee's regular compensation, the compensation paid to the	2004
judge of an election under division (B), (C), or (D) of this	2005
section.	2006

(4) Division (G)(1) of this section does not apply to either	2007
of the following:	2008

(a) Election officials;

2009

(b) Public school teachers.

2010

(5) Nothing in division (G)(1) of this section supersedes or	2011
negates any provision of a collective bargaining agreement in	2012
effect under Chapter 4117. of the Revised Code.	2013

(6) If a board of county commissioners, legislative authority	2014
of a political subdivision, or head of a state agency fails to set	2015
forth any terms and conditions under division (G)(1) of this	2016
section, an employee of an entity or court described in division	2017
(G)(1)(a) of this section, of an entity of a political subdivision	2018
described in division (G)(1)(b) of this section, or of a state	2019
agency as defined in section 1.60 of the Revised Code may use	2020
personal leave, vacation leave, or compensatory time, or take	2021
unpaid leave, to serve as a judge of elections on the day of an	2022
election.	2023

(H) The board of elections may withhold the compensation of	2024
any precinct official for failure to obey the instructions of the	2025
board or to comply with the law relating to the duties of such	2026
precinct judge. Any payment a judge of an election is entitled to	2027
receive under section 3501.36 of the Revised Code is in addition	2028
to the compensation the judge is entitled to receive under this	2029
section.	2030

Sec. 3501.29.  (A) The board of elections shall provide for	2031
each precinct a polling place and provide adequate facilities at	2032
each polling place for conducting the election. The board shall	2033
provide a sufficient number of screened or curtained voting	2034
compartments to which electors may retire and conveniently mark	2035
their ballots, protected from the observation of others. Each	2036
voting compartment shall be provided at all times with writing	2037
implements, instructions how to vote, and other necessary	2038
conveniences for marking the ballot. The presiding judge shall	2039
ensure that the voting compartments at all times are adequately	2040
lighted and contain the necessary supplies. The board shall	2041
utilize, in so far as practicable, rooms in public schools and	2042
other public buildings for polling places. Upon application of the	2043
board of elections, the authority which has the control of any	2044
building or grounds supported by taxation under the laws of this	2045
state, shall make available the necessary space therein for the	2046
purpose of holding elections and adequate space for the storage of	2047
voting machines, without charge for the use thereof. A reasonable	2048
sum may be paid for necessary janitorial service. When polling	2049
places are established in private buildings, the board may pay a	2050
reasonable rental therefor, and also the cost of liability	2051
insurance covering the premises when used for election purposes,	2052
or the board may purchase a single liability policy covering the	2053
board and the owners of the premises when used for election	2054
purposes. When removable buildings are supplied by the board, they	2055
shall be constructed under the contract let to the lowest and best	2056
bidder, and the board shall observe all ordinances and regulations	2057
then in force as to safety. The board shall remove all such	2058
buildings from streets and other public places within thirty days	2059
after an election, unless another election is to be held within	2060
ninety days.	2061

(B)(1) Except as otherwise provided in this section, the	2062
board shall ensure all of the following:	2063

(a) That polling places are free of barriers that would	2064
impede ingress and egress of handicapped persons;	2065

(b) That the minimum number of special parking locations,	2066
also known as handicapped parking spaces or disability parking	2067
spaces, for handicapped persons are designated at each polling	2068
place in accordance with 28 C.F.R. Part 36, Appendix A, and in	2069
compliance with division (E) of section 4511.69 of the Revised	2070
Code.	2071

(c) That the entrances of polling places are level or are	2072
provided with a nonskid ramp of not over eight per cent gradient;	2073

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

2074

(2) Notwithstanding division (B)(1)(a), (c), or (d) of this	2075
section, certain polling places may be specifically exempted by	2076
the secretary of state upon certification by a board of elections	2077
that a good faith, but unsuccessful, effort has been made to	2078
modify, or change the location of, such polling places.	2079

(C) At any polling place that is exempted from compliance by	2080
the secretary of state, the board of elections shall permit any	2081
handicapped elector who travels to that elector's polling place,	2082
but who is unable to enter the polling place, to vote, with the	2083
assistance of two polling place officials of major political	2084
parties, in the vehicle that conveyed that elector to the polling	2085
place, or to receive and cast that elector's ballot at the door of	2086
the polling place.	2087

(D) The secretary of state shall:

2088

(1) Work with other state agencies to facilitate the	2089
distribution of information and technical assistance to boards of	2090
elections to meet the requirements of division (B) of this	2091
section;	2092

(2) Work with organizations that represent or provide	2093
services to handicapped, disabled, or elderly citizens to effect a	2094
wide dissemination of information about the availability of	2095
absentee voting, voting in the voter's vehicle or at the door of	2096
the polling place, or other election services to handicapped,	2097
disabled, or elderly citizens.	2098

(E) Before the day of an election, the director of the board	2099
of elections of each county shall sign a statement verifying that	2100
each polling place that will be used in that county at that	2101
election meets the requirements of division (B)(1)(b) of this	2102
section. The signed statement shall be sent to the secretary of	2103
state by certified mail.	2104

(F) As used in this section, "handicapped" means having lost	2105
the use of one or both legs, one or both arms, or any combination	2106
thereof, or being blind or so severely disabled as to be unable to	2107
move about without the aid of crutches or a wheelchair.	2108

Sec. 3501.30. (A) The board of elections shall provide for	2109
each polling place the necessary ballot boxes, official ballots,	2110
cards of instructions, registration forms, pollbooks or poll	2111
lists, tally sheets, forms on which to make summary statements,	2112
writing implements, paper, and all other supplies necessary for	2113
casting and counting the ballots and recording the results of the	2114
voting at the polling place. The pollbooks or poll lists shall	2115
have certificates appropriately printed on them for the signatures	2116
of all the precinct officials, by which they shall certify that,	2117
to the best of their knowledge and belief, the pollbooks or poll	2118
lists correctly show the names of all electors who voted in the	2119
polling place at the election indicated in the pollbooks or poll	2120
lists.	2121

All of the following shall be included among the supplies	2122
provided to each polling place:	2123

(1) A large map of each appropriate precinct, which shall be	2124
displayed prominently to assist persons who desire to register or	2125
vote on election day. Each map shall show all streets within the	2126
precinct and contain identifying symbols of the precinct in bold	2127
print.	2128

(2) Any materials, postings, or instructions required to	2129
comply with state or federal laws;	2130

(3) A flag of the United States approximately two and	2131
one-half feet in length along the top, which shall be displayed	2132
outside the entrance to the polling place during the time it is	2133
open for voting;	2134

(4) Two or more small flags of the United States	2135
approximately fifteen inches in length along the top, which shall	2136
be placed at a distance of one hundred feet from the polling place	2137
on the thoroughfares or walkways leading to the polling place, to	2138
mark the distance within which persons other than election	2139
officials, observers, police officers, and electors waiting to	2140
mark, marking, or casting their ballots shall not loiter,	2141
congregate, or engage in any kind of election campaigning. Where	2142
small flags cannot reasonably be placed one hundred feet from the	2143
polling place, the presiding election judge shall place the flags	2144
as near to one hundred feet from the entrance to the polling place	2145
as is physically possible. Police officers and all election	2146
officials shall see that this prohibition against loitering and	2147
congregating is enforced.	2148

When the period of time during which the polling place is	2149
open for voting expires, all of the flags described in this	2150
division shall be taken into the polling place and shall be	2151
returned to the board together with all other election supplies	2152
required to be delivered to the board.	2153

(B) The board of elections shall follow the instructions and	2154
advisories of the secretary of state in the production and use of	2155
polling place supplies.	2156

Sec. 3501.301.  A contract involving a cost in excess of ten	2157
thousand dollars for printing and furnishing the supplies, other	2158
than the official ballots, required in section 3501.30 of the	2159
Revised Code, shall not be let until the board of elections has	2160
caused notice to be published once in a newspaper of general	2161
circulation within the county or upon notice given by mail,	2162
addressed to the responsible suppliers within the state. The board	2163
of elections may require that each bid be accompanied by a bond,	2164
with at least two individual sureties, or a surety company,	2165
satisfactory to the board, in a sum double the amount of the bid,	2166
conditioned upon the faithful performance of the contract awarded	2167
and for the payment as damages by such bidder to the board of any	2168
excess of cost over the bid which it may be required to pay for	2169
such work by reason of the failure of the bidder to complete the	2170
contract. The contract shall be let to the lowest and best bidder.	2171

Sec. 3501.31.  The board of elections shall mail to each	2172
precinct election official notice of the date, hours, and place of	2173
holding each election in the official's respective precinct at	2174
which it desires the official to serve. Each of such officials	2175
shall notify the board immediately upon receipt of such notice of	2176
any inability to serve.	2177

The election official designated as presiding judge under	2178
section 3501.22 of the Revised Code shall call at the office of	2179
the board at such time before the day of the election, not earlier	2180
than the tenth day before the day of the election, as the board	2181
designates to obtain the ballots, pollbooks, registration forms	2182
and lists, and other material to be used in the official's polling	2183
place on election day.	2184

The board may also provide for the delivery of such materials	2185
to polling places in a municipal corporation by members of the	2186
police department of such municipal corporation; or the board may	2187
provide for the delivery of such materials to the presiding judge	2188
not earlier than the tenth day before the election, in any manner	2189
it finds to be advisable.	2190

On election day the precinct election officials shall	2191
punctually attend the polling place one-half hour before the time	2192
fixed for opening the polls. Each of the precinct election	2193
officials shall thereupon make and subscribe to a statement which	2194
shall be as follows:	2195

"State of Ohio	2196

County of ...............	2197

I do solemnly swear under the penalty of perjury that I will	2198
support the constitution of the United States of America and the	2199
constitution of the state of Ohio and its laws; that I have not	2200
been convicted of a felony or any violation of the election laws;	2201
that I will discharge to the best of my ability the duties of	2202
judge of election in and for precinct .................... in the	2203
.................... (township) or (ward and city or village)	2204
.................... in the county of ...................., in the	2205
election to be held on the .......... day of ...............,	2206
....., as required by law and the rules and instructions of the	2207
board of elections of said county; and that I will endeavor to	2208
prevent fraud in such election, and will report immediately to	2209
said board any violations of the election laws which come to my	2210
attention, and will not disclose any information as to how any	2211
elector voted which is gained by me in the discharge of my	2212
official duties.	2213

............................................................	2214

............................................................	2215

............................................................	2216

............................................................	2217

............................................................	2218

............................................................	2219

(Signatures of precinct election officials)"	2220

If any of the other precinct officials is absent at that	2221
time, the presiding judge, with the concurrence of a majority of	2222
the precinct election officials present, shall appoint a qualified	2223
elector who is a member of the same political party as the	2224
political party of which such absent precinct election official is	2225
a member to fill the vacancy until the board appoints a person to	2226
fill such vacancy and the person so appointed reports for duty at	2227
the polling place. The presiding judge shall promptly notify the	2228
board of such vacancy by telephone or otherwise. The presiding	2229
judge also shall assign the precinct election officials to their	2230
respective duties and shall have general charge of the polling	2231
place.	2232

Sec. 3501.32.  (A) Except as otherwise provided in division	2233
(B) of this section, on the day of the election the polls shall be	2234
opened by proclamation by the presiding judge, or in his absence	2235
by a presiding judge chosen by the judges, at six-thirty a.m. and	2236
shall be closed by proclamation at seven-thirty p.m. unless there	2237
are voters waiting in line to cast their ballots, in which case	2238
the polls shall be kept open until such waiting voters have voted.	2239

(B) On the day of the election, any polling place located on	2240
an island not connected to the mainland by a highway or a bridge	2241
may close earlier than seven-thirty p.m. if all registered voters	2242
in the precinct have voted. When a polling place closes under	2243
division (B) of this section the presiding judge shall immediately	2244
notify the board of elections of the closing.	2245

Sec. 3501.33.  All judges of election shall enforce peace and	2246
good order in and about the place of registration or election.	2247
They shall especially keep the place of access of the electors to	2248
the polling place open and unobstructed and prevent and stop any	2249
improper practices or attempts tending to obstruct, intimidate, or	2250
interfere with any elector in registering or voting. They shall	2251
protect observers against molestation and violence in the	2252
performance of their duties, and may eject from the polling place	2253
any observer for violation of any provision of Title XXXV of the	2254
Revised Code. They shall prevent riots, violence, tumult, or	2255
disorder. In the discharge of these duties, they may call upon the	2256
sheriff, police, or other peace officers to aid them in enforcing	2257
the law. They may order the arrest of any person violating Title	2258
XXXV of the Revised Code, but such an arrest shall not prevent the	2259
person from registering or voting if the person is entitled to do	2260
so. The sheriff, all constables, police officers, and other	2261
officers of the peace shall immediately obey and aid in the	2262
enforcement of any lawful order made by the precinct election	2263
officials in the enforcement of Title XXXV of the Revised Code.	2264

Sec. 3501.35. (A) During an election and the counting of the	2265
ballots, no person shall do any of the following:	2266

(1) Loiter, congregate, or engage in any kind of election	2267
campaigning within the area between the polling place and the	2268
small flags of the United States placed on the thoroughfares and	2269
walkways leading to the polling place, and if the line of electors	2270
waiting to vote extends beyond those small flags, within ten feet	2271
of any elector in that line;	2272

(2) In any manner hinder or delay an elector in reaching or	2273
leaving the place fixed for casting the elector's ballot;	2274

(3) Give, tender, or exhibit any ballot or ticket to any	2275
person other than the elector's own ballot to the judge of	2276
election within the area between the polling place and the small	2277
flags of the United States placed on the thoroughfares and	2278
walkways leading to the polling place, and if the line of electors	2279
waiting to vote extends beyond those small flags, within ten feet	2280
of any elector in that line;	2281

(4) Exhibit any ticket or ballot which the elector intends to	2282
cast;	2283

(5) Solicit or in any manner attempt to influence any elector	2284
in casting the elector's vote.	2285

(B) Except as otherwise provided in division (C) of section	2286
3503.23 of the Revised Code, no person who is not an election	2287
official, employee, observer, or police officer shall be allowed	2288
to enter the polling place during the election, except for the	2289
purpose of voting or assisting another person to vote as provided	2290
in section 3505.24 of the Revised Code.	2291

(C) No more electors shall be allowed to approach the voting	2292
shelves at any time than there are voting shelves provided.	2293

(D) The judges of election and the police officer shall	2294
strictly enforce the observance of this section.	2295

Sec. 3501.37.  After each election, the judges of elections	2296
of each precinct, except when the board of elections assumes the	2297
duty, shall see that the movable booths and other equipment are	2298
returned for safekeeping to the fiscal officer of the township or	2299
to the clerk or auditor of the municipal corporation in which the	2300
precinct is situated. The fiscal officer, clerk, or auditor shall	2301
have booths and equipment on hand and in place at the polling	2302
places in each precinct before the time for opening the polls on	2303
election days, and for this service the board may allow the	2304
necessary expenses incurred. In cities, this duty shall devolve on	2305
the board.	2306

Sec. 3501.38.  All declarations of candidacy, nominating	2307
petitions, or other petitions presented to or filed with the	2308
secretary of state or a board of elections or with any other	2309
public office for the purpose of becoming a candidate for any	2310
nomination or office or for the holding of an election on any	2311
issue shall, in addition to meeting the other specific	2312
requirements prescribed in the sections of the Revised Code	2313
relating to them, be governed by the following rules:	2314

(A) Only electors qualified to vote on the candidacy or issue	2315
which is the subject of the petition shall sign a petition. Each	2316
signer shall be a registered elector pursuant to section 3503.11	2317
of the Revised Code. The facts of qualification shall be	2318
determined as of the date when the petition is filed.	2319

(B) Signatures shall be affixed in ink. Each signer may also	2320
print the signer's name, so as to clearly identify the signer's	2321
signature.	2322

(C) Each signer shall place on the petition after the	2323
signer's name the date of signing and the location of the signer's	2324
voting residence, including the street and number if in a	2325
municipal corporation or the rural route number, post office	2326
address, or township if outside a municipal corporation. The	2327
voting address given on the petition shall be the address	2328
appearing in the registration records at the board of elections.	2329

(D) Except as otherwise provided in section 3501.382 of the	2330
Revised Code, no person shall write any name other than the	2331
person's own on any petition. Except as otherwise provided in	2332
section 3501.382 of the Revised Code, no person may authorize	2333
another to sign for the person. If a petition contains the	2334
signature of an elector two or more times, only the first	2335
signature shall be counted.	2336

(E)(1) On each petition paper, the circulator shall indicate	2337
the number of signatures contained on it, and shall sign a	2338
statement made under penalty of election falsification that the	2339
circulator witnessed the affixing of every signature, that all	2340
signers were to the best of the circulator's knowledge and belief	2341
qualified to sign, and that every signature is to the best of the	2342
circulator's knowledge and belief the signature of the person	2343
whose signature it purports to be or of an attorney in fact acting	2344
pursuant to section 3501.382 of the Revised Code. On the	2345
circulator's statement for a declaration of candidacy or	2346
nominating petition for a person seeking to become a statewide	2347
candidate or for a statewide initiative or a statewide referendum	2348
petition, the circulator shall identify the circulator's name, the	2349
address of the circulator's permanent residence, and the name and	2350
address of the person employing the circulator to circulate the	2351
petition, if any.	2352

(2) As used in division (E) of this section, "statewide	2353
candidate" means the joint candidates for the offices of governor	2354
and lieutenant governor or a candidate for the office of secretary	2355
of state, auditor of state, treasurer of state, or attorney	2356
general.	2357

(F) Except as otherwise provided in section 3501.382 of the	2358
Revised Code, if a circulator knowingly permits an unqualified	2359
person to sign a petition paper or permits a person to write a	2360
name other than the person's own on a petition paper, that	2361
petition paper is invalid; otherwise, the signature of a person	2362
not qualified to sign shall be rejected but shall not invalidate	2363
the other valid signatures on the paper.	2364

(G) The circulator of a petition may, before filing it in a	2365
public office, strike from it any signature the circulator does	2366
not wish to present as a part of the petition.	2367

(H) Any signer of a petition or an attorney in fact acting	2368
pursuant to section 3501.382 of the Revised Code on behalf of a	2369
signer may remove the signer's signature from that petition at any	2370
time before the petition is filed in a public office by striking	2371
the signer's name from the petition; no signature may be removed	2372
after the petition is filed in any public office.	2373

(I)(1) No alterations, corrections, or additions may be made	2374
to a petition after it is filed in a public office.	2375

(2)(a) No declaration of candidacy, nominating petition, or	2376
other petition for the purpose of becoming a candidate may be	2377
withdrawn after it is filed in a public office. Nothing in this	2378
division prohibits a person from withdrawing as a candidate as	2379
otherwise provided by law.	2380

(b) No petition presented to or filed with the secretary of	2381
state, a board of elections, or any other public office for the	2382
purpose of the holding of an election on any question or issue may	2383
be resubmitted after it is withdrawn from a public office. Nothing	2384
in this division prevents a question or issue petition from being	2385
withdrawn by the filing of a written notice of the withdrawal by a	2386
majority of the members of the petitioning committee with the same	2387
public office with which the petition was filed prior to the	2388
sixtieth day before the election at which the question or issue is	2389
scheduled to appear on the ballot.	2390

(J) All declarations of candidacy, nominating petitions, or	2391
other petitions under this section shall be accompanied by the	2392
following statement in boldface capital letters: WHOEVER COMMITS	2393
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	2394

(K) All separate petition papers shall be filed at the same	2395
time, as one instrument.	2396

(L) If a board of elections distributes for use a petition	2397
form for a declaration of candidacy, nominating petition, or any	2398
type of question or issue petition that does not satisfy the	2399
requirements of law as of the date of that distribution, the board	2400
shall not invalidate the petition on the basis that the petition	2401
form does not satisfy the requirements of law, if the petition	2402
otherwise is valid. Division (L) of this section applies only if	2403
the candidate received the petition from the board within ninety	2404
days of when the petition is required to be filed.	2405

Sec. 3503.02.  All registrars and judges of elections, in	2406
determining the residence of a person offering to register or	2407
vote, shall be governed by the following rules:	2408

(A) That place shall be considered the residence of a person	2409
in which the person's habitation is fixed and to which, whenever	2410
the person is absent, the person has the intention of returning.	2411

(B) A person shall not be considered to have lost the	2412
person's residence who leaves the person's home and goes into	2413
another state or county of this state, for temporary purposes	2414
only, with the intention of returning.	2415

(C) A person shall not be considered to have gained a	2416
residence in any county of this state into which the person comes	2417
for temporary purposes only, without the intention of making such	2418
county the permanent place of abode.	2419

(D) The place where the family of a married person resides	2420
shall be considered to be the person's place of residence; except	2421
that when the spouses have separated and live apart, the place	2422
where such a spouse resides the length of time required to entitle	2423
a person to vote shall be considered to be the spouse's place of	2424
residence.	2425

(E) If a person removes to another state with the intention	2426
of making such state the person's residence, the person shall be	2427
considered to have lost the person's residence in this state.	2428

(F) Except as otherwise provided in division (G) of this	2429
section, if a person removes from this state and continuously	2430
resides outside this state for a period of four years or more, the	2431
person shall be considered to have lost the person's residence in	2432
this state, notwithstanding the fact that the person may entertain	2433
an intention to return at some future period.	2434

(G)(1) If a person removes from this state to engage in the	2435
services of the United States government, the person shall not be	2436
considered to have lost the person's residence in this state, and	2437
likewise should the person enter the employment of the state, the	2438
place where such person resided at the time of the person's	2439
removal shall be considered to be the person's place of residence.	2440

(2) If a person removes from this state to a location outside	2441
of the United States and the person does not become a resident of	2442
another state, the person shall not be considered to have lost the	2443
person's residence in this state. The place where the person	2444
resided at the time of the person's removal shall be considered to	2445
be the person's place of residence.	2446

(3) If a person is eligible to vote in this state under	2447
division (D)(2) of section 3511.011 of the Revised Code, the place	2448
where the person's parent or legal guardian resided in this state	2449
prior to that parent or legal guardian's removal to a location	2450
outside of the United States shall be considered to be the	2451
person's place of residence.	2452

(4) If an address that is considered to be a person's place	2453
of residence under division (G) of this section ceases to be a	2454
recognized residential address, the board of elections shall	2455
assign an address to the applicable person for voting purposes.	2456

(H) If a person goes into another state and while there	2457
exercises the right of a citizen by voting, the person shall be	2458
considered to have lost the person's residence in this state.	2459

(I) If a person does not have a fixed place of habitation,	2460
but has a shelter or other location at which the person has been a	2461
consistent or regular inhabitant and to which the person has the	2462
intention of returning, that shelter or other location shall be	2463
deemed the person's residence for the purpose of registering to	2464
vote.	2465

Sec. 3503.06. (A) No person shall be entitled to vote at any	2466
election, or to sign or circulate any declaration of candidacy or	2467
any nominating, or recall petition, unless the person is	2468
registered as an elector and will have resided in the county and	2469
precinct where the person is registered for at least thirty days	2470
at the time of the next election.	2471

(B)(1) No person shall be entitled to circulate any	2472
initiative or referendum petition unless the person is a resident	2473
of this state.	2474

(2) All election officials, in determining the residence of a	2475
person circulating a petition under division (B)(1) of this	2476
section, shall be governed by the following rules:	2477

(a) That place shall be considered the residence of a person	2478
in which the person's habitation is fixed and to which, whenever	2479
the person is absent, the person has the intention of returning.	2480

(b) A person shall not be considered to have lost the	2481
person's residence who leaves the person's home and goes into	2482
another state for temporary purposes only, with the intention of	2483
returning.	2484

(c) A person shall not be considered to have gained a	2485
residence in any county of this state into which the person comes	2486
for temporary purposes only, without the intention of making that	2487
county the permanent place of abode.	2488

(d) If a person removes to another state with the intention	2489
of making that state the person's residence, the person shall be	2490
considered to have lost the person's residence in this state.	2491

(e) Except as otherwise provided in division (B)(2)(f) of	2492
this section, if a person removes from this state and continuously	2493
resides outside this state for a period of four years or more, the	2494
person shall be considered to have lost the person's residence in	2495
this state, notwithstanding the fact that the person may entertain	2496
an intention to return at some future period.	2497

(f) If a person removes from this state to engage in the	2498
services of the United States government, the person shall not be	2499
considered to have lost the person's residence in this state	2500
during the period of that service, and likewise should the person	2501
enter the employment of the state, the place where that person	2502
resided at the time of the person's removal shall be considered to	2503
be the person's place of residence.	2504

(g) If a person goes into another state and, while there,	2505
exercises the right of a citizen by voting, the person shall be	2506
considered to have lost the person's residence in this state.	2507

(C) No person shall be entitled to sign any initiative or	2508
referendum petition unless the person is registered as an elector	2509
and will have resided in the county and precinct where the person	2510
is registered for at least thirty days at the time of the next	2511
election.	2512

Sec. 3503.14.  (A) The secretary of state shall prescribe the	2513
form and content of the registration, change of residence, and	2514
change of name forms used in this state. The forms shall meet the	2515
requirements of the National Voter Registration Act of 1993 and	2516
shall include spaces for all of the following:	2517

(1) The voter's name;

2518

(2) The voter's address;

2519

(3) The current date;

2520

(4) The voter's date of birth;

2521

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

2522

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

2523

(b) The last four digits of the voter's social security	2524
number, if any;	2525

(c) A copy of a current and valid photo identification, a	2526
copy of a military identification, or a copy of a current utility	2527
bill, bank statement, government check, paycheck, or other	2528
government document, other than a notice of an election mailed by	2529
a board of elections under section 3501.19 of the Revised Code or	2530
a notice of voter registration mailed by a board of elections	2531
under section 3503.19 of the Revised Code, that shows the voter's	2532
name and address.	2533

(6) The voter's signature.

2534

The registration form shall include a space on which the	2535
person registering an applicant shall sign the person's name and	2536
provide the person's address and a space on which the person	2537
registering an applicant shall name the employer who is employing	2538
that person to register the applicant.	2539

Except for forms prescribed by the secretary of state under	2540
section 3503.11 of the Revised Code, the secretary of state shall	2541
permit boards of elections to produce forms that have subdivided	2542
spaces for each individual alphanumeric character of the	2543
information provided by the voter so as to accommodate the	2544
electronic reading and conversion of the voter's information to	2545
data and the subsequent electronic transfer of that data to the	2546
statewide voter registration database established under section	2547
3503.15 of the Revised Code.	2548

(B) None of the following persons who are registering an	2549
applicant in the course of that official's or employee's normal	2550
duties shall sign the person's name, provide the person's address,	2551
or name the employer who is employing the person to register an	2552
applicant on a form prepared under this section:	2553

(1) An election official;

2554

(2) A county treasurer;

2555

(3) A deputy registrar of motor vehicles;

2556

(4) An employee of a designated agency;

2557

(5) An employee of a public high school;

2558

(6) An employee of a public vocational school;

2559

(7) An employee of a public library;

2560

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

2561

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

2562

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

2563

(11) An employee of an election official.

2564

(C) Except as provided in section 3501.382 of the Revised	2565
Code, any applicant who is unable to sign the applicant's own name	2566
shall make an "X," if possible, which shall be certified by the	2567
signing of the name of the applicant by the person filling out the	2568
form, who shall add the person's own signature. If an applicant is	2569
unable to make an "X," the applicant shall indicate in some manner	2570
that the applicant desires to register to vote or to change the	2571
applicant's name or residence. The person registering the	2572
applicant shall sign the form and attest that the applicant	2573
indicated that the applicant desired to register to vote or to	2574
change the applicant's name or residence.	2575

(D) No registration, change of residence, or change of name	2576
form shall be rejected solely on the basis that a person	2577
registering an applicant failed to sign the person's name or	2578
failed to name the employer who is employing that person to	2579
register the applicant as required under division (A) of this	2580
section.	2581

(E) As used in this section, "registering an applicant"	2582
includes any effort, for compensation, to provide voter	2583
registration forms or to assist persons in completing or returning	2584
those forms.	2585

Sec. 3503.15.  (A) The secretary of state shall establish and	2586
maintain a statewide voter registration database that shall be	2587
continuously available to each board of elections and to other	2588
agencies as authorized by law.	2589

(B) The statewide voter registration database established	2590
under this section shall be the official list of registered voters	2591
for all elections conducted in this state.	2592

(C) The statewide voter registration database established	2593
under this section shall, at a minimum, include all of the	2594
following:	2595

(1) An electronic network that connects all board of	2596
elections offices with the office of the secretary of state and	2597
with the offices of all other boards of elections;	2598

(2) A computer program that harmonizes the records contained	2599
in the database with records maintained by each board of	2600
elections;	2601

(3) An interactive computer program that allows access to the	2602
records contained in the database by each board of elections and	2603
by any persons authorized by the secretary of state to add,	2604
delete, modify, or print database records, and to conduct updates	2605
of the database;	2606

(4) A search program capable of verifying registered voters	2607
and their registration information by name, driver's license	2608
number, birth date, social security number, or current address;	2609

(5) Safeguards and components to ensure that the integrity,	2610
security, and confidentiality of the voter registration	2611
information is maintained.	2612

(D) The secretary of state shall adopt rules pursuant to	2613
Chapter 119. of the Revised Code doing all of the following:	2614

(1) Specifying the manner in which existing voter	2615
registration records maintained by boards of elections shall be	2616
converted to electronic files for inclusion in the statewide voter	2617
registration database;	2618

(2) Establishing a uniform method for entering voter	2619
registration records into the statewide voter registration	2620
database on an expedited basis, but not less than once per day, if	2621
new registration information is received;	2622

(3) Establishing a uniform method for purging canceled voter	2623
registration records from the statewide voter registration	2624
database in accordance with section 3503.21 of the Revised Code;	2625

(4) Specifying the persons authorized to add, delete, modify,	2626
or print records contained in the statewide voter registration	2627
database and to make updates of that database;	2628

(5) Establishing a process for annually auditing the	2629
information contained in the statewide voter registration	2630
database.	2631

(E) A board of elections promptly shall purge a voter's name	2632
and voter registration information from the statewide voter	2633
registration database in accordance with the rules adopted by the	2634
secretary of state under division (D)(3) of this section after the	2635
cancellation of a voter's registration under section 3503.21 of	2636
the Revised Code.	2637

(F) The secretary of state shall provide training in the	2638
operation of the statewide voter registration database to each	2639
board of elections and to any persons authorized by the secretary	2640
of state to add, delete, modify, or print database records, and to	2641
conduct updates of the database.	2642

(G)(1) The statewide voter registration database established	2643
under this section shall be made available on a web site of the	2644
office of the secretary of state as follows:	2645

(a) Except as otherwise provided in division (G)(1)(b) of	2646
this section, only the following information from the statewide	2647
voter registration database regarding a registered voter shall be	2648
made available on the web site:	2649

(i) The voter's name;

2650

(ii) The voter's address;

2651

(iii) The voter's precinct number;

2652

(iv) The voter's voting history.

2653

(b) During the thirty days before the day of a primary or	2654
general election, the web site interface of the statewide voter	2655
registration database shall permit a voter to search for the	2656
polling location at which that voter may cast a ballot.	2657

(2) The secretary of state shall establish, by rule adopted	2658
under Chapter 119. of the Revised Code, a process for boards of	2659
elections to notify the secretary of state of changes in the	2660
locations of precinct polling places for the purpose of updating	2661
the information made available on the secretary of state's web	2662
site under division (G)(1)(b) of this section. Those rules shall	2663
require a board of elections, during the thirty days before the	2664
day of a primary or general election, to notify the secretary of	2665
state within one business day of any change to the location of a	2666
precinct polling place within the county.	2667

(3) During the thirty days before the day of a primary or	2668
general election, not later than one business day after receiving	2669
a notification from a county pursuant to division (G)(2) of this	2670
section that the location of a precinct polling place has changed,	2671
the secretary of state shall update that information on the	2672
secretary of state's web site for the purpose of division	2673
(G)(1)(b) of this section.	2674

Sec. 3503.16.  (A) Whenever a registered elector changes the	2675
place of residence of that registered elector from one precinct to	2676
another within a county or from one county to another, or has a	2677
change of name, that registered elector shall report the change by	2678
delivering a change of residence or change of name form, whichever	2679
is appropriate, as prescribed by the secretary of state under	2680
section 3503.14 of the Revised Code to the state or local office	2681
of a designated agency, a public high school or vocational school,	2682
a public library, the office of the county treasurer, the office	2683
of the secretary of state, any office of the registrar or deputy	2684
registrar of motor vehicles, or any office of a board of elections	2685
in person or by a third person. Any voter registration, change of	2686
address, or change of name application, returned by mail, may be	2687
sent only to the secretary of state or the board of elections.	2688

A registered elector also may update the registration of that	2689
registered elector by filing a change of residence or change of	2690
name form on the day of a special, primary, or general election at	2691
the polling place in the precinct in which that registered elector	2692
resides or at the board of elections or at another site designated	2693
by the board.	2694

(B)(1)(a) Any registered elector who moves within a precinct	2695
on or prior to the day of a general, primary, or special election	2696
and has not filed a notice of change of residence with the board	2697
of elections may vote in that election by going to that registered	2698
elector's assigned polling place, completing and signing a notice	2699
of change of residence, showing identification in the form of a	2700
current and valid photo identification, a military identification,	2701
or a copy of a current utility bill, bank statement, government	2702
check, paycheck, or other government document, other than a notice	2703
of an election mailed by a board of elections under section	2704
3501.19 of the Revised Code or a notice of voter registration	2705
mailed by a board of elections under section 3503.19 of the	2706
Revised Code, that shows the name and current address of the	2707
elector, and casting a ballot. If the elector provides either a	2708
driver's license or a state identification card issued under	2709
section 4507.50 of the Revised Code that does not contain the	2710
elector's current residence address, the elector shall provide the	2711
last four digits of the elector's driver's license number or state	2712
identification card number, and the precinct election official	2713
shall mark the poll list or signature pollbook to indicate that	2714
the elector has provided a driver's license or state	2715
identification card number with a former address and record the	2716
last four digits of the elector's driver's license number or state	2717
identification card number.	2718

(b) Any registered elector who changes the name of that	2719
registered elector and remains within a precinct on or prior to	2720
the day of a general, primary, or special election and has not	2721
filed a notice of change of name with the board of elections may	2722
vote in that election by going to that registered elector's	2723
assigned polling place, completing and signing a notice of a	2724
change of name, and casting a provisional ballot under section	2725
3505.181 of the Revised Code.	2726

(2) Any registered elector who moves from one precinct to	2727
another within a county or moves from one precinct to another and	2728
changes the name of that registered elector on or prior to the day	2729
of a general, primary, or special election and has not filed a	2730
notice of change of residence or change of name, whichever is	2731
appropriate, with the board of elections may vote in that election	2732
if that registered elector complies with division (G) of this	2733
section or does all of the following:	2734

(a) Appears at anytime during regular business hours on or	2735
after the twenty-eighth day prior to the election in which that	2736
registered elector wishes to vote or, if the election is held on	2737
the day of a presidential primary election, the twenty-fifth day	2738
prior to the election, through noon of the Saturday prior to the	2739
election at the office of the board of elections, appears at any	2740
time during regular business hours on the Monday prior to the	2741
election at the office of the board of elections, or appears on	2742
the day of the election at either of the following locations:	2743

(i) The polling place in the precinct in which that	2744
registered elector resides;	2745

(ii) The office of the board of elections or, if pursuant to	2746
division (C) of section 3501.10 of the Revised Code the board has	2747
designated another location in the county at which registered	2748
electors may vote, at that other location instead of the office of	2749
the board of elections.	2750

(b) Completes and signs, under penalty of election	2751
falsification, a notice of change of residence or change of name,	2752
whichever is appropriate, and files it with election officials at	2753
the polling place, at the office of the board of elections, or, if	2754
pursuant to division (C) of section 3501.10 of the Revised Code	2755
the board has designated another location in the county at which	2756
registered electors may vote, at that other location instead of	2757
the office of the board of elections, whichever is appropriate;	2758

(c) Votes a provisional ballot under section 3505.181 of the	2759
Revised Code at the polling place, at the office of the board of	2760
elections, or, if pursuant to division (C) of section 3501.10 of	2761
the Revised Code the board has designated another location in the	2762
county at which registered electors may vote, at that other	2763
location instead of the office of the board of elections,	2764
whichever is appropriate, using the address to which that	2765
registered elector has moved or the name of that registered	2766
elector as changed, whichever is appropriate;	2767

(d) Completes and signs, under penalty of election	2768
falsification, a statement attesting that that registered elector	2769
moved or had a change of name, whichever is appropriate, on or	2770
prior to the day of the election, has voted a provisional ballot	2771
at the polling place in the precinct in which that registered	2772
elector resides, at the office of the board of elections, or, if	2773
pursuant to division (C) of section 3501.10 of the Revised Code	2774
the board has designated another location in the county at which	2775
registered electors may vote, at that other location instead of	2776
the office of the board of elections, whichever is appropriate,	2777
and will not vote or attempt to vote at any other location for	2778
that particular election. The statement required under division	2779
(B)(2)(d) of this section shall be included on the notice of	2780
change of residence or change of name, whichever is appropriate,	2781
required under division (B)(2)(b) of this section.	2782

(C) Any registered elector who moves from one county to	2783
another county within the state on or prior to the day of a	2784
general, primary, or special election and has not registered to	2785
vote in the county to which that registered elector moved may vote	2786
in that election if that registered elector complies with division	2787
(G) of this section or does all of the following:	2788

(1) Appears at any time during regular business hours on or	2789
after the twenty-eighth day prior to the election in which that	2790
registered elector wishes to vote or, if the election is held on	2791
the day of a presidential primary election, the twenty-fifth day	2792
prior to the election, through noon of the Saturday prior to the	2793
election at the office of the board of elections or, if pursuant	2794
to division (C) of section 3501.10 of the Revised Code the board	2795
has designated another location in the county at which registered	2796
electors may vote, at that other location instead of the office of	2797
the board of elections, appears during regular business hours on	2798
the Monday prior to the election at the office of the board of	2799
elections or, if pursuant to division (C) of section 3501.10 of	2800
the Revised Code the board has designated another location in the	2801
county at which registered electors may vote, at that other	2802
location instead of the office of the board of elections, or	2803
appears on the day of the election at the office of the board of	2804
elections or, if pursuant to division (C) of section 3501.10 of	2805
the Revised Code the board has designated another location in the	2806
county at which registered electors may vote, at that other	2807
location instead of the office of the board of elections;	2808

(2) Completes and signs, under penalty of election	2809
falsification, a notice of change of residence and files it with	2810
election officials at the board of elections or, if pursuant to	2811
division (C) of section 3501.10 of the Revised Code the board has	2812
designated another location in the county at which registered	2813
electors may vote, at that other location instead of the office of	2814
the board of elections;	2815

(3) Votes a provisional ballot under section 3505.181 of the	2816
Revised Code at the office of the board of elections or, if	2817
pursuant to division (C) of section 3501.10 of the Revised Code	2818
the board has designated another location in the county at which	2819
registered electors may vote, at that other location instead of	2820
the office of the board of elections, using the address to which	2821
that registered elector has moved;	2822

(4) Completes and signs, under penalty of election	2823
falsification, a statement attesting that that registered elector	2824
has moved from one county to another county within the state on or	2825
prior to the day of the election, has voted at the office of the	2826
board of elections or, if pursuant to division (C) of section	2827
3501.10 of the Revised Code the board has designated another	2828
location in the county at which registered electors may vote, at	2829
that other location instead of the office of the board of	2830
elections, and will not vote or attempt to vote at any other	2831
location for that particular election. The statement required	2832
under division (C)(4) of this section shall be included on the	2833
notice of change of residence required under division (C)(2) of	2834
this section.	2835

(D) A person who votes by absent voter's ballots pursuant to	2836
division (G) of this section shall not make written application	2837
for the ballots pursuant to Chapter 3509. of the Revised Code.	2838
Ballots cast pursuant to division (G) of this section shall be set	2839
aside in a special envelope and counted during the official	2840
canvass of votes in the manner provided for in sections 3505.32	2841
and 3509.06 of the Revised Code insofar as that manner is	2842
applicable. The board shall examine the pollbooks to verify that	2843
no ballot was cast at the polls or by absent voter's ballots under	2844
Chapter 3509. or 3511. of the Revised Code by an elector who has	2845
voted by absent voter's ballots pursuant to division (G) of this	2846
section. Any ballot determined to be insufficient for any of the	2847
reasons stated above or stated in section 3509.07 of the Revised	2848
Code shall not be counted.	2849

Subject to division (C) of section 3501.10 of the Revised	2850
Code, a board of elections may lease or otherwise acquire a site	2851
different from the office of the board at which registered	2852
electors may vote pursuant to division (B) or (C) of this section.	2853

(E) Upon receiving a change of residence or change of name	2854
form, the board of elections shall immediately send the registrant	2855
an acknowledgment notice. If the change of residence or change of	2856
name form is valid, the board shall update the voter's	2857
registration as appropriate. If that form is incomplete, the board	2858
shall inform the registrant in the acknowledgment notice specified	2859
in this division of the information necessary to complete or	2860
update that registrant's registration.	2861

(F) Change of residence and change of name forms shall be	2862
available at each polling place, and when these forms are	2863
completed, noting changes of residence or name, as appropriate,	2864
they shall be filed with election officials at the polling place.	2865
Election officials shall return completed forms, together with the	2866
pollbooks and tally sheets, to the board of elections.	2867

The board of elections shall provide change of residence and	2868
change of name forms to the probate court and court of common	2869
pleas. The court shall provide the forms to any person eighteen	2870
years of age or older who has a change of name by order of the	2871
court or who applies for a marriage license. The court shall	2872
forward all completed forms to the board of elections within five	2873
days after receiving them.	2874

(G) A registered elector who otherwise would qualify to vote	2875
under division (B) or (C) of this section but is unable to appear	2876
at the office of the board of elections or, if pursuant to	2877
division (C) of section 3501.10 of the Revised Code the board has	2878
designated another location in the county at which registered	2879
electors may vote, at that other location, on account of personal	2880
illness, physical disability, or infirmity, may vote on the day of	2881
the election if that registered elector does all of the following:	2882

(1) Makes a written application that includes all of the	2883
information required under section 3509.03 of the Revised Code to	2884
the appropriate board for an absent voter's ballot on or after the	2885
twenty-seventh day prior to the election in which the registered	2886
elector wishes to vote through noon of the Saturday prior to that	2887
election and requests that the absent voter's ballot be sent to	2888
the address to which the registered elector has moved if the	2889
registered elector has moved, or to the address of that registered	2890
elector who has not moved but has had a change of name;	2891

(2) Declares that the registered elector has moved or had a	2892
change of name, whichever is appropriate, and otherwise is	2893
qualified to vote under the circumstances described in division	2894
(B) or (C) of this section, whichever is appropriate, but that the	2895
registered elector is unable to appear at the board of elections	2896
because of personal illness, physical disability, or infirmity;	2897

(3) Completes and returns along with the completed absent	2898
voter's ballot a notice of change of residence indicating the	2899
address to which the registered elector has moved, or a notice of	2900
change of name, whichever is appropriate;	2901

(4) Completes and signs, under penalty of election	2902
falsification, a statement attesting that the registered elector	2903
has moved or had a change of name on or prior to the day before	2904
the election, has voted by absent voter's ballot because of	2905
personal illness, physical disability, or infirmity that prevented	2906
the registered elector from appearing at the board of elections,	2907
and will not vote or attempt to vote at any other location or by	2908
absent voter's ballot mailed to any other location or address for	2909
that particular election.	2910

Sec. 3503.18.  At least once each month, each probate judge	2911
in this state shall file with the board of elections the names and	2912
residence addresses of all persons over eighteen years of age who	2913
have been adjudicated incompetent for the purpose of voting, as	2914
provided in section 5122.301 of the Revised Code. At least once	2915
each month the clerk of the court of common pleas shall file with	2916
the board the names and residence addresses of all persons who	2917
have been convicted during the previous month of crimes that would	2918
disfranchise such persons under existing laws of the state.	2919
Reports of conviction of crimes under the laws of the United	2920
States that would disfranchise an elector and that are provided to	2921
the secretary of state by any United States attorney shall be	2922
forwarded by the secretary of state to the appropriate board of	2923
elections.	2924

Upon receiving a report required by this section, the board	2925
of elections shall promptly cancel the registration of each	2926
elector named in the report. If the report contains a residence	2927
address of an elector in a county other than the county in which	2928
the board of elections is located, the director shall promptly	2929
send a copy of the report to the appropriate board of elections,	2930
which shall cancel the registration.	2931

Sec. 3503.19.  (A) Persons qualified to register or to change	2932
their registration because of a change of address or change of	2933
name may register or change their registration in person at any	2934
state or local office of a designated agency, at the office of the	2935
registrar or any deputy registrar of motor vehicles, at a public	2936
high school or vocational school, at a public library, at the	2937
office of a county treasurer, or at a branch office established by	2938
the board of elections, or in person, through another person, or	2939
by mail at the office of the secretary of state or at the office	2940
of a board of elections. A registered elector may also change the	2941
elector's registration on election day at any polling place where	2942
the elector is eligible to vote, in the manner provided under	2943
section 3503.16 of the Revised Code.	2944

Any state or local office of a designated agency, the office	2945
of the registrar or any deputy registrar of motor vehicles, a	2946
public high school or vocational school, a public library, or the	2947
office of a county treasurer shall transmit any voter registration	2948
application or change of registration form that it receives to the	2949
board of elections of the county in which the state or local	2950
office is located, within five days after receiving the voter	2951
registration application or change of registration form.	2952

An otherwise valid voter registration application that is	2953
returned to the appropriate office other than by mail must be	2954
received by a state or local office of a designated agency, the	2955
office of the registrar or any deputy registrar of motor vehicles,	2956
a public high school or vocational school, a public library, the	2957
office of a county treasurer, the office of the secretary of	2958
state, or the office of a board of elections no later than the	2959
thirtieth day preceding a primary, special, or general election	2960
for the person to qualify as an elector eligible to vote at that	2961
election. An otherwise valid registration application received	2962
after that day entitles the elector to vote at all subsequent	2963
elections.	2964

Any state or local office of a designated agency, the office	2965
of the registrar or any deputy registrar of motor vehicles, a	2966
public high school or vocational school, a public library, or the	2967
office of a county treasurer shall date stamp a registration	2968
application or change of name or change of address form it	2969
receives using a date stamp that does not disclose the identity of	2970
the state or local office that receives the registration.	2971

Voter registration applications, if otherwise valid, that are	2972
returned by mail to the office of the secretary of state or to the	2973
office of a board of elections must be postmarked no later than	2974
the thirtieth day preceding a primary, special, or general	2975
election in order for the person to qualify as an elector eligible	2976
to vote at that election. If an otherwise valid voter registration	2977
application that is returned by mail does not bear a postmark or a	2978
legible postmark, the registration shall be valid for that	2979
election if received by the office of the secretary of state or	2980
the office of a board of elections no later than twenty-five days	2981
preceding any special, primary, or general election.	2982

(B)(1) Any person may apply in person, by telephone, by mail,	2983
or through another person for voter registration forms to the	2984
office of the secretary of state or the office of a board of	2985
elections. An individual who is eligible to vote as a uniformed	2986
services voter or an overseas voter in accordance with 42 U.S.C.	2987
1973ff-6 also may apply for voter registration forms by electronic	2988
means to the office of the secretary of state or to the board of	2989
elections of the county in which the person's voting residence is	2990
located pursuant to section 3503.191 of the Revised Code.	2991

(2)(a) An applicant may return the applicant's completed	2992
registration form in person or by mail to any state or local	2993
office of a designated agency, to a public high school or	2994
vocational school, to a public library, to the office of a county	2995
treasurer, to the office of the secretary of state, or to the	2996
office of a board of elections. An applicant who is eligible to	2997
vote as a uniformed services voter or an overseas voter in	2998
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's	2999
completed voter registration form electronically to the office of	3000
the secretary of state or to the board of elections of the county	3001
in which the person's voting residence is located pursuant to	3002
section 3503.191 of the Revised Code.	3003

(b) Subject to division (B)(2)(c) of this section, an	3004
applicant may return the applicant's completed registration form	3005
through another person to any board of elections or the office of	3006
the secretary of state.	3007

(c) A person who receives compensation for registering a	3008
voter shall return any registration form entrusted to that person	3009
by an applicant to any board of elections or to the office of the	3010
secretary of state.	3011

(d) If a board of elections or the office of the secretary of	3012
state receives a registration form under division (B)(2)(b) or (c)	3013
of this section before the thirtieth day before an election, the	3014
board or the office of the secretary of state, as applicable,	3015
shall forward the registration to the board of elections of the	3016
county in which the applicant is seeking to register to vote	3017
within ten days after receiving the application. If a board of	3018
elections or the office of the secretary of state receives a	3019
registration form under division (B)(2)(b) or (c) of this section	3020
on or after the thirtieth day before an election, the board or the	3021
office of the secretary of state, as applicable, shall forward the	3022
registration to the board of elections of the county in which the	3023
applicant is seeking to register to vote within thirty days after	3024
that election.	3025

(C)(1) A board of elections that receives a voter	3026
registration application and is satisfied as to the truth of the	3027
statements made in the registration form shall register the	3028
applicant not later than twenty business days after receiving the	3029
application, unless that application is received during the thirty	3030
days immediately preceding the day of an election. The board shall	3031
promptly notify the applicant in writing of each of the following:	3032

(a) The applicant's registration;

3033

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

3034

(c) In bold type as follows:

3035

"Voters must bring identification to the polls in order to	3036
verify identity. Identification may include a current and valid	3037
photo identification, a military identification, or a copy of a	3038
current utility bill, bank statement, government check, paycheck,	3039
or other government document, other than this notification or a	3040
notification of an election mailed by a board of elections, that	3041
shows the voter's name and current address. Voters who do not	3042
provide one of these documents will still be able to vote by	3043
casting a provisional ballot. Voters who do not have any of the	3044
above forms of identification, including a social security number,	3045
will still be able to vote by signing an affirmation swearing to	3046
the voter's identity under penalty of election falsification and	3047
by casting a provisional ballot."	3048

The notification shall be by nonforwardable mail. If the mail	3049
is returned to the board, it shall investigate and cause the	3050
notification to be delivered to the correct address.	3051

(2) If, after investigating as required under division (C)(1)	3052
of this section, the board is unable to verify the voter's correct	3053
address, it shall cause the voter's name in the official	3054
registration list and in the poll list or signature pollbook to be	3055
marked to indicate that the voter's notification was returned to	3056
the board.	3057

At the first election at which a voter whose name has been so	3058
marked appears to vote, the voter shall be required to provide	3059
identification to the election officials and to vote by	3060
provisional ballot under section 3505.181 of the Revised Code. If	3061
the provisional ballot is counted pursuant to division (B)(3) of	3062
section 3505.183 of the Revised Code, the board shall correct that	3063
voter's registration, if needed, and shall remove the indication	3064
that the voter's notification was returned from that voter's name	3065
on the official registration list and on the poll list or	3066
signature pollbook. If the provisional ballot is not counted	3067
pursuant to division (B)(4)(a)(i), (v), or (vi) of section	3068
3505.183 of the Revised Code, the voter's registration shall be	3069
canceled. The board shall notify the voter by United States mail	3070
of the cancellation.	3071

(3) If a notice of the disposition of an otherwise valid	3072
registration application is sent by nonforwardable mail and is	3073
returned undelivered, the person shall be registered as provided	3074
in division (C)(2) of this section and sent a confirmation notice	3075
by forwardable mail. If the person fails to respond to the	3076
confirmation notice, update the person's registration, or vote by	3077
provisional ballot as provided in division (C)(2) of this section	3078
in any election during the period of two federal elections	3079
subsequent to the mailing of the confirmation notice, the person's	3080
registration shall be canceled.	3081

Sec. 3503.21.  (A) The registration of a registered elector	3082
shall be canceled upon the occurrence of any of the following:	3083

(1) The filing by a registered elector of a written request	3084
with a board of elections, on a form prescribed by the secretary	3085
of state and signed by the elector, that the registration be	3086
canceled. The filing of such a request does not prohibit an	3087
otherwise qualified elector from reregistering to vote at any	3088
time.	3089

(2) The conviction of the registered elector of a felony	3090
under the laws of this state, any other state, or the United	3091
States as provided in section 2961.01 of the Revised Code;	3092

(3) The adjudication of incompetency of the registered	3093
elector for the purpose of voting as provided in section 5122.301	3094
of the Revised Code;	3095

(5) The change of residence of the registered elector to a	3096
location outside the county of registration in accordance with	3097
division (B) of this section;	3098

(6) The failure of the registered elector, after having been	3099
mailed a confirmation notice, to do either of the following:	3100

(a) Respond to such a notice and vote at least once during a	3101
period of four consecutive years, which period shall include two	3102
general federal elections;	3103

(b) Update the elector's registration and vote at least once	3104
during a period of four consecutive years, which period shall	3105
include two general federal elections.	3106

(B)(1) The secretary of state shall prescribe procedures to	3107
identify and cancel the registration in a prior county of	3108
residence of any registrant who changes the registrant's voting	3109
residence to a location outside the registrant's current county of	3110
registration. Any procedures prescribed in this division shall be	3111
uniform and nondiscriminatory, and shall comply with the Voting	3112
Rights Act of 1965. The secretary of state may prescribe	3113
procedures under this division that include the use of the	3114
national change of address service provided by the United States	3115
postal system through its licensees. Any program so prescribed	3116
shall be completed not later than ninety days prior to the date of	3117
any primary or general election for federal office.	3118

(2) The registration of any elector identified as having	3119
changed the elector's voting residence to a location outside the	3120
elector's current county of registration shall not be canceled	3121
unless the registrant is sent a confirmation notice on a form	3122
prescribed by the secretary of state and the registrant fails to	3123
respond to the confirmation notice or otherwise update the	3124
registration and fails to vote in any election during the period	3125
of two federal elections subsequent to the mailing of the	3126
confirmation notice.	3127

(C) The registration of a registered elector shall not be	3128
canceled except as provided in this section, division (Q) of	3129
section 3501.05 of the Revised Code, division (C)(2) of section	3130
3503.19 of the Revised Code, or division (C) of section 3503.24 of	3131
the Revised Code.	3132

(D) Boards of elections shall send their voter registration	3133
information to the secretary of state as required under section	3134
3503.15 of the Revised Code. In the first quarter of each	3135
odd-numbered year, the secretary of state shall send the	3136
information to the national change of address service described in	3137
division (B) of this section and request that service to provide	3138
the secretary of state with a list of any voters sent by the	3139
secretary of state who have moved within the last thirty-six	3140
months. The secretary of state shall transmit to each appropriate	3141
board of elections whatever lists the secretary of state receives	3142
from that service. The board shall send a notice to each person on	3143
the list transmitted by the secretary of state requesting	3144
confirmation of the person's change of address, together with a	3145
postage prepaid, preaddressed return envelope containing a form on	3146
which the voter may verify or correct the change of address	3147
information.	3148

(E) The registration of a registered elector described in	3149
division (A)(6) or (B)(2) of this section shall be canceled not	3150
later than one hundred twenty days after the date of the second	3151
general federal election in which the elector fails to vote or not	3152
later than one hundred twenty days after the expiration of the	3153
four-year period in which the elector fails to vote or respond to	3154
a confirmation notice, whichever is later.	3155

Sec. 3503.24. (A) Application for the correction of any	3156
precinct registration list or a challenge of the right to vote of	3157
any registered elector may be made by any qualified elector of the	3158
county at the office of the board of elections not later than	3159
twenty days prior to the election. The applications or challenges,	3160
with the reasons for the application or challenge, shall be filed	3161
with the board on a form prescribed by the secretary of state and	3162
shall be signed under penalty of election falsification.	3163

(B) On receiving an application or challenge filed under this	3164
section, the board of elections promptly shall review the board's	3165
records. If the board is able to determine that an application or	3166
challenge should be granted or denied solely on the basis of the	3167
records maintained by the board, the board immediately shall vote	3168
to grant or deny that application or challenge.	3169

If the board is not able to determine whether an application	3170
or challenge should be granted or denied solely on the basis of	3171
the records maintained by the board, the director shall promptly	3172
set a time and date for a hearing before the board. Except as	3173
otherwise provided in division (D) of this section, the hearing	3174
shall be held, and the application or challenge shall be decided,	3175
no later than ten days after the board receives the application or	3176
challenge. The director shall send written notice to any elector	3177
whose right to vote is challenged and to any person whose name is	3178
alleged to have been omitted from a registration list. The notice	3179
shall inform the person of the time and date of the hearing, and	3180
of the person's right to appear and testify, call witnesses, and	3181
be represented by counsel. The notice shall be sent by first class	3182
mail no later than three days before the day of any scheduled	3183
hearing. The director shall also provide the person who filed the	3184
application or challenge with such written notice of the date and	3185
time of the hearing.	3186

At the request of either party or any member of the board,	3187
the board shall issue subpoenas to witnesses to appear and testify	3188
before the board at a hearing held under this section. All	3189
witnesses shall testify under oath. The board shall reach a	3190
decision on all applications and challenges immediately after	3191
hearing.	3192

(C) If the board decides that any such person is not entitled	3193
to have the person's name on the registration list, the person's	3194
name shall be removed from the list and the person's registration	3195
forms canceled. If the board decides that the name of any such	3196
person should appear on the registration list, it shall be added	3197
to the list, and the person's registration forms placed in the	3198
proper registration files. All such corrections and additions	3199
shall be made on a copy of the precinct lists, which shall	3200
constitute the poll lists, to be furnished to the respective	3201
precincts with other election supplies on the day preceding the	3202
election, to be used by the election officials in receiving the	3203
signatures of voters and in checking against the registration	3204
forms.	3205

(D)(1) If an application or challenge for which a hearing is	3206
required to be conducted under division (B) of this section is	3207
filed after the thirtieth day before the day of an election, the	3208
board of elections, in its discretion, may postpone that hearing	3209
and any notifications of that hearing until after the day of the	3210
election. Any hearing postponed under this division shall be	3211
conducted not later than ten days after the day of the election.	3212

(2) The board of elections shall cause the name of any	3213
registered elector whose registration is challenged and whose	3214
challenge hearing is postponed under division (D)(1) of this	3215
section to be marked in the official registration list and in the	3216
poll list or signature pollbook for that elector's precinct to	3217
indicate that the elector's registration is subject to challenge.	3218

(3) Any elector who is the subject of an application or	3219
challenge hearing that is postponed under division (D)(1) of this	3220
section shall be permitted to vote a provisional ballot under	3221
section 3505.181 of the Revised Code. The validity of a	3222
provisional ballot cast pursuant to this section shall be	3223
determined in accordance with section 3505.183 of the Revised	3224
Code, except that no such provisional ballot shall be counted	3225
unless the hearing conducted under division (B) of this section	3226
after the day of the election results in the elector's inclusion	3227
in the official registration list.	3228

Sec. 3503.26.  (A) All registration forms and lists, when not	3229
in official use by the registrars or judges of elections, shall be	3230
in the possession of the board of elections. Names and addresses	3231
of electors may be copied from the registration lists only in the	3232
office of the board when it is open for business; but no such	3233
copying shall be permitted during the period of time commencing	3234
twenty-one days before an election and ending on the eleventh day	3235
after an election if such copying will, in the opinion of the	3236
board, interfere with the necessary work of the board. The board	3237
shall keep in convenient form and available for public inspection	3238
a correct set of the registration lists of all precincts in the	3239
county.	3240

(B) Notwithstanding division (A) of this section the board of	3241
elections shall maintain and make available for public inspection	3242
and copying at a reasonable cost all records concerning the	3243
implementation of programs and activities conducted for the	3244
purpose of ensuring the accuracy and currency of voter	3245
registration lists, including the names and addresses of all	3246
registered electors sent confirmation notices and whether or not	3247
the elector responded to the confirmation notice. The board shall	3248
maintain all records described in this division for a period of	3249
two years.	3250

Sec. 3503.28.  (A) The secretary of state shall develop an	3251
information brochure regarding voter registration. The brochure	3252
shall include, but is not limited to, all of the following	3253
information:	3254

(1) The applicable deadlines for registering to vote or for	3255
returning an applicant's completed registration form;	3256

(2) The applicable deadline for returning an applicant's	3257
completed registration form if the person returning the form is	3258
being compensated for registering voters;	3259

(3) The locations to which a person may return an applicant's	3260
completed registration form;	3261

(4) The location to which a person who is compensated for	3262
registering voters may return an applicant's completed	3263
registration form;	3264

(5) The registration and affirmation requirements applicable	3265
to persons who are compensated for registering voters under	3266
section 3503.29 of the Revised Code;	3267

(6) A notice, which shall be written in bold type, stating as	3268
follows:	3269

"Voters must bring identification to the polls in order to	3270
verify identity. Identification may include a current and valid	3271
photo identification, a military identification, or a copy of a	3272
current utility bill, bank statement, government check, paycheck,	3273
or other government document, other than a notice of an election	3274
or a voter registration notification sent by a board of elections,	3275
that shows the voter's name and current address. Voters who do not	3276
provide one of these documents will still be able to vote by	3277
casting a provisional ballot. Voters who do not have any of the	3278
above forms of identification, including a social security number,	3279
will still be able to vote by signing an affirmation swearing to	3280
the voter's identity under penalty of election falsification and	3281
by casting a provisional ballot."	3282

(B) Except as otherwise provided in division (D) of this	3283
section, a board of elections, designated agency, public high	3284
school, public vocational school, public library, office of a	3285
county treasurer, or deputy registrar of motor vehicles shall	3286
distribute a copy of the brochure developed under division (A) of	3287
this section to any person who requests more than two voter	3288
registration forms at one time.	3289

(C)(1) The secretary of state shall provide the information	3290
required to be included in the brochure developed under division	3291
(A) of this section to any person who prints a voter registration	3292
form that is made available on a web site of the office of the	3293
secretary of state.	3294

(2) If a board of elections operates and maintains a web	3295
site, the board shall provide the information required to be	3296
included in the brochure developed under division (A) of this	3297
section to any person who prints a voter registration form that is	3298
made available on that web site.	3299

(D) A board of elections shall not be required to distribute	3300
a copy of a brochure under division (B) of this section to any of	3301
the following officials or employees who are requesting more than	3302
two voter registration forms at one time in the course of the	3303
official's or employee's normal duties:	3304

(1) An election official;

3305

(2) A county treasurer;

3306

(3) A deputy registrar of motor vehicles;

3307

(4) An employee of a designated agency;

3308

(5) An employee of a public high school;

3309

(6) An employee of a public vocational school;

3310

(7) An employee of a public library;

3311

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

3312

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

3313

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

3314

(11) An employee of an election official.

3315

(E) As used in this section, "registering voters" includes	3316
any effort, for compensation, to provide voter registration forms	3317
or to assist persons in completing or returning those forms.	3318

Sec. 3503.29.  (A) The secretary of state shall develop and	3319
make available through a web site of the office of the secretary	3320
of state a training program for any person who receives or expects	3321
to receive compensation for registering a voter. The secretary of	3322
state shall specify, by rule adopted pursuant to Chapter 119. of	3323
the Revised Code, the information to be included in the online	3324
training program developed under this division.	3325

(B) Except as otherwise provided in division (E) of this	3326
section, the secretary of state, by rules adopted pursuant to	3327
Chapter 119. of the Revised Code, shall prescribe a program under	3328
which the secretary of state shall register any person who	3329
receives or expects to receive compensation for registering a	3330
voter in this state.	3331

(C) Except as otherwise provided in division (E) of this	3332
section, in each year in which a person receives or expects to	3333
receive compensation for registering a voter, that person, prior	3334
to registering a voter, shall do all of the following:	3335

(1) Register with the secretary of state in accordance with	3336
the program prescribed under division (B) of this section;	3337

(2) Complete the training program established by the	3338
secretary of state under division (A) of this section.	3339

(3) Sign an affirmation that includes all of the following:

3340

(a) The person's name;

3341

(b) The person's date of birth;

3342

(c) The person's permanent address;

3343

(d) The name of each county in which the person expects to	3344
register voters;	3345

(e) A statement that the person has registered, as required	3346
under division (C)(1) of this section, with the secretary of	3347
state;	3348

(f) A statement that the person has completed the training	3349
program required under division (C)(2) of this section;	3350

(g) A statement that the person will follow all applicable	3351
laws of this state while registering voters.	3352

(D) Except as otherwise provided in division (E) of this	3353
section, each time a person who receives or expects to receive	3354
compensation for registering a voter submits a completed	3355
registration form that has been entrusted to that person to a	3356
board of elections, the person also shall submit, with the voter	3357
registration form, a copy of the affirmation signed by the person	3358
under division (C)(3) of this section. A single copy of the signed	3359
affirmation may be submitted with all voter registration forms	3360
that are returned by that person at one time.	3361

(E) None of the following officials or employees who are	3362
registering voters in the course of the official's or employee's	3363
normal duties shall be required to comply with divisions (C) and	3364
(D) of this section:	3365

(1) An election official;

3366

(2) A county treasurer;

3367

(3) A deputy registrar of motor vehicles;

3368

(4) An employee of a designated agency;

3369

(5) An employee of a public high school;

3370

(6) An employee of a public vocational school;

3371

(7) An employee of a public library;

3372

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

3373

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

3374

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

3375

(11) An employee of an election official.

3376

(F) As used in this section, "registering a voter" and	3377
"registering voters" includes any effort, for compensation, to	3378
provide voter registration forms or to assist persons in	3379
completing or returning those forms.	3380

Sec. 3504.01. Each citizen of the United States who, on the	3381
day of the succeeding presidential election, will be eighteen	3382
years of age or over, who has moved the citizen's residence from	3383
this state not more than ninety days prior to the day of such	3384
presidential election, who has not registered to vote in the state	3385
to which that citizen has moved that citizen's residence, and who,	3386
because of that citizen's removal from this state, is not entitled	3387
to vote for the offices of president and vice-president or for	3388
presidential and vice-presidential electors in the state of that	3389
citizen's current residence may be entitled to vote in this state,	3390
in the precinct in which that citizen's voting residence was	3391
located at the time the citizen moved from this state, for	3392
presidential and vice-presidential electors but for no other	3393
offices if the citizen meets all of the following conditions:	3394

(A) The citizen otherwise possesses the substantive	3395
qualifications to vote in this state, except the requirements of	3396
residence and registration.	3397

(B) The citizen complies with sections 3504.01 to 3504.06 of	3398
the Revised Code.	3399

(C) The citizen completes a certificate of intent to vote in	3400
a presidential election under section 3504.02 of the Revised Code	3401
under penalty of election falsification.	3402

Sec. 3504.02.  Any citizen who desires to vote in a	3403
presidential election under this chapter shall, not later than	3404
four p.m. of the thirtieth day prior to the date of the	3405
presidential election, complete a certificate of intent to vote	3406
for presidential and vice-presidential electors. The certificate	3407
of intent shall be completed in duplicate on a form prescribed by	3408
the secretary of state that may be obtained and filed personally	3409
in the office of the board of elections of the county in which	3410
such person last resided before removal from this state, or mailed	3411
to such board of elections.	3412

Immediately following the spaces on the certificate for	3413
inserting information as requested by the secretary of state, the	3414
following statement shall be printed: "I declare under penalty of	3415
election falsification that the statements herein contained are	3416
true to the best of my knowledge and belief; that I am legally	3417
qualified to vote; that I am not registered to vote in any other	3418
state; and that I have not voted in an election in any other state	3419
since removing myself from the state of Ohio.	3420

	..................................		3421
	Signature of applicant		3422
	..................................		3423
	Date		3424

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3425
OF THE FIFTH DEGREE."	3426

Sec. 3504.04.  On or before election day, the director of the	3427
board of elections shall deliver to the polling place a list of	3428
persons who have filed certificates of intent to vote as former	3429
resident voters and who appear, from their voting address,	3430
entitled to vote at such polling place. Those persons whose names	3431
appear on the list of former resident voters, and who have	3432
otherwise complied with sections 3504.01 to 3504.06 of the Revised	3433
Code, shall then be entitled to vote for presidential and	3434
vice-presidential electors only at their polling place on election	3435
day or by absent voter's ballots. Such voter who votes at that	3436
voter's polling place on election day shall sign that voter's name	3437
in the poll book or poll list followed by, "Former Resident's	3438
Presidential Ballot." Qualified former residents shall be entitled	3439
to cast absent voter's ballots for presidential and	3440
vice-presidential electors.	3441

Sec. 3504.05.  The director of the board of elections shall	3442
forward copies of all certificates of intent received from former	3443
residents to the secretary of state no later than the twenty-fifth	3444
day prior to the day of the election in which such former resident	3445
desires to vote. Upon receipt of such certificate the secretary of	3446
state shall immediately notify the chief elections officer of the	3447
state of each applicant's prior residence of the fact that such	3448
applicant has declared his intention to vote for presidential and	3449
vice-presidential electors in this state.	3450

Sec. 3505.07.  (A) If the board of elections, by a unanimous	3451
vote of its members, or if the secretary of state, in the	3452
secretary of state's sole discretion, finds it impracticable to	3453
place the names of candidates for any office of a minor political	3454
subdivision in the county or the wording of any question or issue	3455
to be voted upon in such minor political subdivision on the	3456
ballots under sections 3505.01 to 3505.09 of the Revised Code,	3457
then such board may, or at the direction of the secretary of state	3458
shall, provide separate ballots for the candidates, question, or	3459
issue.	3460

(B) If the secretary of state, in the secretary of state's	3461
sole discretion, determines that it is impracticable to place the	3462
names of candidates for any office or the wording for any question	3463
or issue to be voted upon on the ballot when the candidates,	3464
question, issue, or wording for the question or issue was ordered	3465
onto the ballot by a court of competent jurisdiction and the	3466
ballots have been printed prior to the court order, the board of	3467
elections, at the direction of the secretary of state, shall	3468
provide separate ballots for the candidates, question, or issue.	3469

(C) All separate ballots provided for in this section shall	3470
conform in quality of paper, style of printing, form of ballot,	3471
arrangement of names, and in all other ways, in so far as	3472
practicable, with the provisions relating to the printing of the	3473
general official ballot. Separate ballot boxes shall be provided	3474
for each such separate kind of ballot.	3475

Sec. 3505.08. (A) Ballots shall be provided by the board of	3476
elections for all general and special elections. The ballots shall	3477
be printed with black ink on No. 2 white book paper fifty pounds	3478
in weight per ream assuming such ream to consist of five hundred	3479
sheets of such paper twenty-five by thirty-eight inches in size.	3480
Each ballot shall have attached at the top two stubs, each of the	3481
width of the ballot and not less than one-half inch in length,	3482
except that, if the board of elections has an alternate method to	3483
account for the ballots that the secretary of state has	3484
authorized, each ballot may have only one stub that shall be the	3485
width of the ballot and not less than one-half inch in length. In	3486
the case of ballots with two stubs, the stubs shall be separated	3487
from the ballot and from each other by perforated lines. The top	3488
stub shall be known as Stub B and shall have printed on its face	3489
"Stub B." The other stub shall be known as Stub A and shall have	3490
printed on its face "Stub A." Each stub shall also have printed on	3491
its face "Consecutive Number .........."	3492

Each ballot of each kind of ballot provided for use in each	3493
precinct shall be numbered consecutively beginning with number 1	3494
by printing such number upon both of the stubs attached to the	3495
ballot. On ballots bearing the names of candidates, each	3496
candidate's name shall be printed in twelve point boldface upper	3497
case type in an enclosed rectangular space, and an enclosed blank	3498
rectangular space shall be provided at the left of the candidate's	3499
name. The name of the political party of a candidate nominated at	3500
a primary election or certified by a party committee shall be	3501
printed in ten point lightface upper and lower case type and shall	3502
be separated by a two point blank space. The name of each	3503
candidate shall be indented one space within the enclosed	3504
rectangular space, and the name of the political party shall be	3505
indented two spaces within the enclosed rectangular space.	3506

The title of each office on the ballots shall be printed in	3507
twelve point boldface upper and lower case type in a separate	3508
enclosed rectangular space. A four point rule shall separate the	3509
name of a candidate or a group of candidates for the same office	3510
from the title of the office next appearing below on the ballot; a	3511
two point rule shall separate the title of the office from the	3512
names of candidates; and a one point rule shall separate names of	3513
candidates. Headings shall be printed in display Roman type. When	3514
the names of several candidates are grouped together as candidates	3515
for the same office, there shall be printed on the ballots	3516
immediately below the title of the office and within the separate	3517
rectangular space in which the title is printed "Vote for not more	3518
than ........," in six point boldface upper and lower case filling	3519
the blank space with that number which will indicate the number of	3520
persons who may be lawfully elected to the office.	3521

Columns on ballots shall be separated from each other by a	3522
heavy vertical border or solid line at least one-eighth of an inch	3523
wide, and a similar vertical border or line shall enclose the left	3524
and right side of ballots. Ballots shall be trimmed along the	3525
sides close to such lines.	3526

The ballots provided for by this section shall be comprised	3527
of four kinds of ballots designated as follows: office type	3528
ballot; nonpartisan ballot; questions and issues ballot; and	3529
presidential ballot.	3530

On the back of each office type ballot shall be printed	3531
"Official Office Type Ballot;" on the back of each nonpartisan	3532
ballot shall be printed "Official Nonpartisan Ballot;" on the back	3533
of each questions and issues ballot shall be printed "Official	3534
Questions and Issues Ballot;" and on the back of each presidential	3535
ballot shall be printed "Official Presidential Ballot." On the	3536
back of every ballot also shall be printed the date of the	3537
election at which the ballot is used and the facsimile signatures	3538
of the members of the board of the county in which the ballot is	3539
used. For the purpose of identifying the kind of ballot, the back	3540
of every ballot may be numbered in the order the board shall	3541
determine. The numbers shall be printed in not less than	3542
thirty-six point type above the words "Official Office Type	3543
Ballot," "Official Nonpartisan Ballot," "Official Questions and	3544
Issues Ballot," or "Official Presidential Ballot," as the case may	3545
be. Ballot boxes bearing corresponding numbers shall be furnished	3546
for each precinct in which the above-described numbered ballots	3547
are used.	3548

On the back of every ballot used, there shall be a solid	3549
black line printed opposite the blank rectangular space that is	3550
used to mark the choice of the voter. This line shall be printed	3551
wide enough so that the mark in the blank rectangular space will	3552
not be visible from the back side of the ballot.	3553

Sample ballots may be printed by the board of elections for	3554
all general elections. The ballots shall be printed on colored	3555
paper, and "Sample Ballot" shall be plainly printed in boldface	3556
type on the face of each ballot. In counties of less than one	3557
hundred thousand population, the board may print not more than	3558
five hundred sample ballots; in all other counties, it may print	3559
not more than one thousand sample ballots. The sample ballots	3560
shall not be distributed by a political party or a candidate, nor	3561
shall a political party or candidate cause their title or name to	3562
be imprinted on sample ballots.	3563

(B) Notwithstanding division (A) of this section, in	3564
approving the form of an official ballot, the secretary of state	3565
may authorize the use of fonts, type face settings, and ballot	3566
formats other than those prescribed in that division.	3567

Sec. 3505.11.  (A) The ballots, with the stubs attached,	3568
shall be bound into tablets for each precinct, which tablets shall	3569
contain at least one per cent more ballots than the total	3570
registration in the precinct, except as otherwise provided in	3571
division (B) of this section. Upon the covers of the tablets shall	3572
be written, printed, or stamped the designation of the precinct	3573
for which the ballots have been prepared. All official ballots	3574
shall be printed uniformly upon the same kind and quality of paper	3575
and shall be of the same shape, size, and type.	3576

Electors who have failed to respond within thirty days to any	3577
confirmation notice shall not be counted in determining the number	3578
of ballots to be printed under this section.	3579

(B)(1) A board of elections may choose to provide ballots on	3580
demand. If a board so chooses, the board shall have prepared for	3581
each precinct at least five per cent more ballots for an election	3582
than the number specified below for that kind of election:	3583

(a) For a primary election or a special election held on the	3584
day of a primary election, the total number of electors in that	3585
precinct who voted in the primary election held four years	3586
previously;	3587

(b) For a general election or a special election held on the	3588
day of a general election, the total number of electors in that	3589
precinct who voted in the general election held four years	3590
previously;	3591

(c) For a special election held at any time other than on the	3592
day of a primary or general election, the total number of electors	3593
in that precinct who voted in the most recent primary or general	3594
election, whichever of those elections occurred in the precinct	3595
most recently.	3596

(2) If, after the board complies with the requirements of	3597
division (B)(1) of this section, the election officials of a	3598
precinct determine that the precinct will not have enough ballots	3599
to enable all the qualified electors in the precinct who wish to	3600
vote at a particular election to do so, the officials shall	3601
request that the board provide additional ballots, and the board	3602
shall provide enough additional ballots, to that precinct in a	3603
timely manner so that all qualified electors in that precinct who	3604
wish to vote at that election may do so.	3605

Sec. 3505.13.  A contract for the printing of ballots	3606
involving a cost in excess of ten thousand dollars shall not be	3607
let until after five days' notice published once in a newspaper of	3608
general circulation published in the county or upon notice given	3609
by mail by the board of elections, addressed to the responsible	3610
printing offices within the state. Except as otherwise provided in	3611
this section, each bid for such printing must be accompanied by a	3612
bond with at least two sureties, or a surety company, satisfactory	3613
to the board, in a sum double the amount of the bid, conditioned	3614
upon the faithful performance of the contract for such printing as	3615
is awarded and for the payment as damages by such bidder to the	3616
board of any excess of cost over the bid which it may be obliged	3617
to pay for such work by reason of the failure of the bidder to	3618
complete the contract. No bid unaccompanied by such bond shall be	3619
considered by the board. The board may, however, waive the	3620
requirement that each bid be accompanied by a bond if the cost of	3621
the contract is ten thousand dollars or less. The contract shall	3622
be let to the lowest responsible bidder in the state. All ballots	3623
shall be printed within the state.	3624

Sec. 3505.16.  Before the opening of the polls, the package	3625
of supplies and the ballot boxes shall be opened in the presence	3626
of the precinct officials. The ballot boxes, the package of	3627
ballots, registration forms, and other supplies shall at all times	3628
be in full sight of the observers, and no ballot box or unused	3629
ballots during the balloting or counting shall be removed or	3630
screened from their full sight until the counting has been closed	3631
and the final returns completed and the certificate signed by the	3632
judges.	3633

Sec. 3505.17.  If by accident or casualty the ballots or	3634
other required papers, lists, or supplies are lost or destroyed,	3635
or in case none are delivered at the polling place, or if during	3636
the time the polls are open additional ballots or supplies are	3637
required, the board of elections, upon requisition by telephone or	3638
in writing and signed by a majority of the election judges of the	3639
precinct stating why such additional supplies are needed, shall	3640
supply them as speedily as possible.	3641

Sec. 3505.18. (A)(1) When an elector appears in a polling	3642
place to vote, the elector shall announce to the precinct election	3643
officials the elector's full name and current address and provide	3644
proof of the elector's identity in the form of a current and valid	3645
photo identification, a military identification, or a copy of a	3646
current utility bill, bank statement, government check, paycheck,	3647
or other government document, other than a notice of an election	3648
mailed by a board of elections under section 3501.19 of the	3649
Revised Code or a notice of voter registration mailed by a board	3650
of elections under section 3503.19 of the Revised Code, that shows	3651
the name and current address of the elector. If the elector	3652
provides either a driver's license or a state identification card	3653
issued under section 4507.50 of the Revised Code that does not	3654
contain the elector's current residence address, the elector shall	3655
provide the last four digits of the elector's driver's license	3656
number or state identification card number, and the precinct	3657
election official shall mark the poll list or signature pollbook	3658
to indicate that the elector has provided a driver's license or	3659
state identification card number with a former address and record	3660
the last four digits of the elector's driver's license number or	3661
state identification card number.	3662

(2) If an elector has but is unable to provide to the	3663
precinct election officials any of the forms of identification	3664
required under division (A)(1) of this section, but has a social	3665
security number, the elector may provide the last four digits of	3666
the elector's social security number. Upon providing the social	3667
security number information, the elector may cast a provisional	3668
ballot under section 3505.181 of the Revised Code, the envelope of	3669
which ballot shall include that social security number	3670
information.	3671

(3) If an elector has but is unable to provide to the	3672
precinct election officials any of the forms of identification	3673
required under division (A)(1) of this section and if the elector	3674
has a social security number but is unable to provide the last	3675
four digits of the elector's social security number, the elector	3676
may cast a provisional ballot under section 3505.181 of the	3677
Revised Code.	3678

(4) If an elector does not have any of the forms of	3679
identification required under division (A)(1) of this section and	3680
cannot provide the last four digits of the elector's social	3681
security number because the elector does not have a social	3682
security number, the elector may execute an affirmation under	3683
penalty of election falsification that the elector cannot provide	3684
the identification required under that division or the last four	3685
digits of the elector's social security number for those reasons.	3686
Upon signing the affirmation, the elector may cast a provisional	3687
ballot under section 3505.181 of the Revised Code. The secretary	3688
of state shall prescribe the form of the affirmation, which shall	3689
include spaces for all of the following:	3690

(a) The elector's name;

3691

(b) The elector's address;

3692

(c) The current date;

3693

(d) The elector's date of birth;

3694

(e) The elector's signature.

3695

(5) If an elector does not have any of the forms of	3696
identification required under division (A)(1) of this section and	3697
cannot provide the last four digits of the elector's social	3698
security number because the elector does not have a social	3699
security number, and if the elector declines to execute an	3700
affirmation under division (A)(4) of this section, the elector may	3701
cast a provisional ballot under section 3505.181 of the Revised	3702
Code, the envelope of which ballot shall include the elector's	3703
name.	3704

(6) If an elector has but declines to provide to the precinct	3705
election officials any of the forms of identification required	3706
under division (A)(1) of this section or the elector has a social	3707
security number but declines to provide to the precinct election	3708
officials the last four digits of the elector's social security	3709
number, the elector may cast a provisional ballot under section	3710
3505.181 of the Revised Code.	3711

(B) After the elector has announced the elector's full name	3712
and current address and provided any of the forms of	3713
identification required under division (A)(1) of this section, the	3714
elector shall write the elector's name and address at the proper	3715
place in the poll list or signature pollbook provided for the	3716
purpose, except that if, for any reason, an elector is unable to	3717
write the elector's name and current address in the poll list or	3718
signature pollbook, the elector may make the elector's mark at the	3719
place intended for the elector's name, and a precinct election	3720
official shall write the name of the elector at the proper place	3721
on the poll list or signature pollbook following the elector's	3722
mark. The making of such a mark shall be attested by the precinct	3723
election official, who shall evidence the same by signing the	3724
precinct election official's name on the poll list or signature	3725
pollbook as a witness to the mark. Alternatively, if applicable,	3726
an attorney in fact acting pursuant to section 3501.382 of the	3727
Revised Code may sign the elector's signature in the poll list or	3728
signature pollbook in accordance with that section.	3729

The elector's signature in the poll list or signature	3730
pollbook then shall be compared with the elector's signature on	3731
the elector's registration form or a digitized signature list as	3732
provided for in section 3503.13 of the Revised Code, and if, in	3733
the opinion of a majority of the precinct election officials, the	3734
signatures are the signatures of the same person, the election	3735
officials shall enter the date of the election on the registration	3736
form or shall record the date by other means prescribed by the	3737
secretary of state. The validity of an attorney in fact's	3738
signature on behalf of an elector shall be determined in	3739
accordance with section 3501.382 of the Revised Code.	3740

If the right of the elector to vote is not then challenged,	3741
or, if being challenged, the elector establishes the elector's	3742
right to vote, the elector shall be allowed to proceed to use the	3743
voting machine. If voting machines are not being used in that	3744
precinct, the judge in charge of ballots shall then detach the	3745
next ballots to be issued to the elector from Stub B attached to	3746
each ballot, leaving Stub A attached to each ballot, hand the	3747
ballots to the elector, and call the elector's name and the stub	3748
number on each of the ballots. The judge shall enter the stub	3749
numbers opposite the signature of the elector in the pollbook. The	3750
elector shall then retire to one of the voting compartments to	3751
mark the elector's ballots. No mark shall be made on any ballot	3752
which would in any way enable any person to identify the person	3753
who voted the ballot.	3754

Sec. 3505.181.  (A) All of the following individuals shall be	3755
permitted to cast a provisional ballot at an election:	3756

(1) An individual who declares that the individual is a	3757
registered voter in the jurisdiction in which the individual	3758
desires to vote and that the individual is eligible to vote in an	3759
election, but the name of the individual does not appear on the	3760
official list of eligible voters for the polling place or an	3761
election official asserts that the individual is not eligible to	3762
vote;	3763

(2) An individual who has a social security number and	3764
provides to the election officials the last four digits of the	3765
individual's social security number as permitted by division	3766
(A)(2) of section 3505.18 of the Revised Code;	3767

(3) An individual who has but is unable to provide to the	3768
election officials any of the forms of identification required	3769
under division (A)(1) of section 3505.18 of the Revised Code and	3770
who has a social security number but is unable to provide the last	3771
four digits of the individual's social security number as	3772
permitted under division (A)(2) of that section;	3773

(4) An individual who does not have any of the forms of	3774
identification required under division (A)(1) of section 3505.18	3775
of the Revised Code, who cannot provide the last four digits of	3776
the individual's social security number under division (A)(2) of	3777
that section because the individual does not have a social	3778
security number, and who has executed an affirmation as permitted	3779
under division (A)(4) of that section;	3780

(5) An individual whose name in the poll list or signature	3781
pollbook has been marked under section 3509.09 or 3511.13 of the	3782
Revised Code as having requested an absent voter's ballot or an	3783
armed service absent voter's ballot for that election and who	3784
appears to vote at the polling place;	3785

(6) An individual whose notification of registration has been	3786
returned undelivered to the board of elections and whose name in	3787
the official registration list and in the poll list or signature	3788
pollbook has been marked under division (C)(2) of section 3503.19	3789
of the Revised Code;	3790

(7) An individual who is challenged under section 3505.20 of	3791
the Revised Code and the election officials determine that the	3792
person is ineligible to vote or are unable to determine the	3793
person's eligibility to vote;	3794

(8) An individual whose application or challenge hearing has	3795
been postponed until after the day of the election under division	3796
(D)(1) of section 3503.24 of the Revised Code;	3797

(9) An individual who changes the individual's name and	3798
remains within the precinct, moves from one precinct to another	3799
within a county, moves from one precinct to another and changes	3800
the individual's name, or moves from one county to another within	3801
the state, and completes and signs the required forms and	3802
statements under division (B) or (C) of section 3503.16 of the	3803
Revised Code;	3804

(10) An individual whose signature, in the opinion of the	3805
precinct officers under section 3505.22 of the Revised Code, is	3806
not that of the person who signed that name in the registration	3807
forms;	3808

(11) An individual who is challenged under section 3513.20 of	3809
the Revised Code who refuses to make the statement required under	3810
that section or who a majority of the precinct officials find	3811
lacks any of the qualifications to make the individual a qualified	3812
elector;	3813

(12) An individual who does not have any of the forms of	3814
identification required under division (A)(1) of section 3505.18	3815
of the Revised Code, who cannot provide the last four digits of	3816
the individual's social security number under division (A)(2) of	3817
that section because the person does not have a social security	3818
number, and who declines to execute an affirmation as permitted	3819
under division (A)(4) of that section;	3820

(13) An individual who has but declines to provide to the	3821
precinct election officials any of the forms of identification	3822
required under division (A)(1) of section 3501.18 of the Revised	3823
Code or who has a social security number but declines to provide	3824
to the precinct election officials the last four digits of the	3825
individual's social security number.	3826

(B) An individual who is eligible to cast a provisional	3827
ballot under division (A) of this section shall be permitted to	3828
cast a provisional ballot as follows:	3829

(1) An election official at the polling place shall notify	3830
the individual that the individual may cast a provisional ballot	3831
in that election.	3832

(2) The individual shall be permitted to cast a provisional	3833
ballot at that polling place upon the execution of a written	3834
affirmation by the individual before an election official at the	3835
polling place stating that the individual is both of the	3836
following:	3837

(a) A registered voter in the jurisdiction in which the	3838
individual desires to vote;	3839

(b) Eligible to vote in that election.

3840

(3) An election official at the polling place shall transmit	3841
the ballot cast by the individual, the voter information contained	3842
in the written affirmation executed by the individual under	3843
division (B)(2) of this section, or the individual's name if the	3844
individual declines to execute such an affirmation to an	3845
appropriate local election official for verification under	3846
division (B)(4) of this section.	3847

(4) If the appropriate local election official to whom the	3848
ballot or voter or address information is transmitted under	3849
division (B)(3) of this section determines that the individual is	3850
eligible to vote, the individual's provisional ballot shall be	3851
counted as a vote in that election.	3852

(5)(a) At the time that an individual casts a provisional	3853
ballot, the appropriate local election official shall give the	3854
individual written information that states that any individual who	3855
casts a provisional ballot will be able to ascertain under the	3856
system established under division (B)(5)(b) of this section	3857
whether the vote was counted, and, if the vote was not counted,	3858
the reason that the vote was not counted.	3859

(b) The appropriate state or local election official shall	3860
establish a free access system, in the form of a toll-free	3861
telephone number, that any individual who casts a provisional	3862
ballot may access to discover whether the vote of that individual	3863
was counted, and, if the vote was not counted, the reason that the	3864
vote was not counted. The free access system established under	3865
this division also shall provide to an individual whose	3866
provisional ballot was not counted information explaining how that	3867
individual may contact the board of elections to register to vote	3868
or to resolve problems with the individual's voter registration.	3869

The appropriate state or local election official shall	3870
establish and maintain reasonable procedures necessary to protect	3871
the security, confidentiality, and integrity of personal	3872
information collected, stored, or otherwise used by the free	3873
access system established under this division. Access to	3874
information about an individual ballot shall be restricted to the	3875
individual who cast the ballot.	3876

(6) If, at the time that an individual casts a provisional	3877
ballot, the individual provides identification in the form of a	3878
current and valid photo identification, a military identification,	3879
or a copy of a current utility bill, bank statement, government	3880
check, paycheck, or other government document, other than a notice	3881
of an election mailed by a board of elections under section	3882
3501.19 of the Revised Code or a notice of voter registration	3883
mailed by a board of elections under section 3503.19 of the	3884
Revised Code, that shows the individual's name and current	3885
address, or provides the last four digits of the individual's	3886
social security number, or executes an affirmation that the	3887
elector does not have any of those forms of identification or the	3888
last four digits of the individual's social security number	3889
because the individual does not have a social security number, or	3890
declines to execute such an affirmation, the appropriate local	3891
election official shall record the type of identification	3892
provided, the social security number information, the fact that	3893
the affirmation was executed, or the fact that the individual	3894
declined to execute such an affirmation and include that	3895
information with the transmission of the ballot or voter or	3896
address information under division (B)(3) of this section. If the	3897
individual declines to execute such an affirmation, the	3898
appropriate local election official shall record the individual's	3899
name and include that information with the transmission of the	3900
ballot under division (B)(3) of this section.	3901

(7) If an individual casts a provisional ballot pursuant to	3902
division (A)(3), (7), (8), (12), or (13) of this section, the	3903
election official shall indicate, on the provisional ballot	3904
verification statement required under section 3505.182 of the	3905
Revised Code, that the individual is required to provide	3906
additional information to the board of elections or that an	3907
application or challenge hearing has been postponed with respect	3908
to the individual, such that additional information is required	3909
for the board of elections to determine the eligibility of the	3910
individual who cast the provisional ballot.	3911

(8) During the ten days after the day of an election, an	3912
individual who casts a provisional ballot pursuant to division	3913
(A)(3), (7), (12), or (13) of this section shall appear at the	3914
office of the board of elections and provide to the board any	3915
additional information necessary to determine the eligibility of	3916
the individual who cast the provisional ballot.	3917

(a) For a provisional ballot cast pursuant to division	3918
(A)(3), (12), or (13) of this section to be eligible to be	3919
counted, the individual who cast that ballot, within ten days	3920
after the day of the election, shall do any of the following:	3921

(i) Provide to the board of elections proof of the	3922
individual's identity in the form of a current and valid photo	3923
identification, a military identification, or a copy of a current	3924
utility bill, bank statement, government check, paycheck, or other	3925
government document, other than a notice of an election mailed by	3926
a board of elections under section 3501.19 of the Revised Code or	3927
a notice of voter registration mailed by a board of elections	3928
under section 3503.19 of the Revised Code, that shows the	3929
individual's name and current address;	3930

(ii) Provide to the board of elections the last four digits	3931
of the individual's social security number;	3932

(iii) In the case of a provisional ballot executed pursuant	3933
to division (A)(12) of this section, execute an affirmation as	3934
permitted under division (A)(4) of section 3505.18 of the Revised	3935
Code.	3936

(b) For a provisional ballot cast pursuant to division (A)(7)	3937
of this section to be eligible to be counted, the individual who	3938
cast that ballot, within ten days after the day of that election,	3939
shall provide to the board of elections any identification or	3940
other documentation required to be provided by the applicable	3941
challenge questions asked of that individual under section 3505.20	3942
of the Revised Code.	3943

(C)(1) If an individual declares that the individual is	3944
eligible to vote in a jurisdiction other than the jurisdiction in	3945
which the individual desires to vote, or if, upon review of the	3946
precinct voting location guide using the residential street	3947
address provided by the individual, an election official at the	3948
polling place at which the individual desires to vote determines	3949
that the individual is not eligible to vote in that jurisdiction,	3950
the election official shall direct the individual to the polling	3951
place for the jurisdiction in which the individual appears to be	3952
eligible to vote, explain that the individual may cast a	3953
provisional ballot at the current location but the ballot will not	3954
be counted if it is cast in the wrong precinct, and provide the	3955
telephone number of the board of elections in case the individual	3956
has additional questions.	3957

(2) If the individual refuses to travel to the polling place	3958
for the correct jurisdiction or to the office of the board of	3959
elections to cast a ballot, the individual shall be permitted to	3960
vote a provisional ballot at that jurisdiction in accordance with	3961
division (B) of this section. If any of the following apply, the	3962
provisional ballot cast by that individual shall not be opened or	3963
counted:	3964

(a) The individual is not properly registered in that	3965
jurisdiction.	3966

(b) The individual is not eligible to vote in that election	3967
in that jurisdiction.	3968

(c) The individual's eligibility to vote in that jurisdiction	3969
in that election cannot be established upon examination of the	3970
records on file with the board of elections.	3971

(D) The appropriate local election official shall cause	3972
voting information to be publicly posted at each polling place on	3973
the day of each election.	3974

(E) As used in this section and sections 3505.182 and	3975
3505.183 of the Revised Code:	3976

(1) "Jurisdiction" means the precinct in which a person is a	3977
legally qualified elector.	3978

(2) "Precinct voting location guide" means either of the	3979
following:	3980

(a) An electronic or paper record that lists the correct	3981
jurisdiction and polling place for either each specific	3982
residential street address in the county or the range of	3983
residential street addresses located in each neighborhood block in	3984
the county;	3985

(b) Any other method that a board of elections creates that	3986
allows a precinct election official or any elector who is at a	3987
polling place in that county to determine the correct jurisdiction	3988
and polling place of any qualified elector who resides in the	3989
county.	3990

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

3991

(a) A sample version of the ballot that will be used for that	3992
election;	3993

(b) Information regarding the date of the election and the	3994
hours during which polling places will be open;	3995

(c) Instructions on how to vote, including how to cast a vote	3996
and how to cast a provisional ballot;	3997

(d) Instructions for mail-in registrants and first-time	3998
voters under applicable federal and state laws;	3999

(e) General information on voting rights under applicable	4000
federal and state laws, including information on the right of an	4001
individual to cast a provisional ballot and instructions on how to	4002
contact the appropriate officials if these rights are alleged to	4003
have been violated;	4004

(f) General information on federal and state laws regarding	4005
prohibitions against acts of fraud and misrepresentation.	4006

Sec. 3505.182.  Each individual who casts a provisional	4007
ballot under section 3505.181 of the Revised Code shall execute a	4008
written affirmation. The form of the written affirmation shall be	4009
printed upon the face of the provisional ballot envelope and shall	4010
be substantially as follows:	4011

"Provisional Ballot Affirmation	4012

STATE OF OHIO	4013

I, .................... (Name of provisional voter), solemnly	4014
swear or affirm that I am a registered voter in the jurisdiction	4015
in which I am voting this provisional ballot and that I am	4016
eligible to vote in the election in which I am voting this	4017
provisional ballot.	4018

I understand that, if the above-provided information is not	4019
fully completed and correct, if the board of elections determines	4020
that I am not registered to vote, a resident of this precinct, or	4021
eligible to vote in this election, or if the board of elections	4022
determines that I have already voted in this election, my	4023
provisional ballot will not be counted. I further understand that	4024
knowingly providing false information is a violation of law and	4025
subjects me to possible criminal prosecution.	4026

I hereby declare, under penalty of election falsification,	4027
that the above statements are true and correct to the best of my	4028
knowledge and belief.	4029

			4030
	(Signature of Voter)		4031
			4032
	(Voter's date of birth)		4033

	The last four digits of the voter's social security number		4034
			4035
	(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)		4036

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	4037
OF THE FIFTH DEGREE.	4038

Additional Information For Determining Ballot Validity	4039

(May be completed at voter's discretion)	4040

Voter's current address:				4041
Voter's former address if photo identification does not contain voter's current address				4042
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number				4043
(Please circle number type)				4044
(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.)				4045
Reason for voting provisional ballot (Check one):				4046
..... Requested, but did not receive, absent voter's ballot				4047
..... Other				4048

Verification Statement	4049

(To be completed by election official)	4050

The Provisional Ballot Affirmation printed above was	4051
subscribed and affirmed before me this .......... day of	4052
.......... (Month), .......... (Year).	4053

(If applicable, the election official must check the	4054
following true statement concerning additional information needed	4055
to determine the eligibility of the provisional voter.)	4056

...... The provisional voter is required to provide	4057
additional information to the board of elections.	4058

...... An application or challenge hearing regarding this	4059
voter has been postponed until after the election.	4060

(The election official must check the following true	4061
statement concerning identification provided by the provisional	4062
voter, if any.)	4063

...... The provisional voter provided a current and valid	4064
photo identification.	4065

...... The provisional voter provided a current valid photo	4066
identification, other than a driver's license or a state	4067
identification card, with the voter's former address instead of	4068
current address and has provided the election official both the	4069
current and former addresses.	4070

...... The provisional voter provided a military	4071
identification or a copy of a current utility bill, bank	4072
statement, government check, paycheck, or other government	4073
document, other than a notice of an election mailed by a board of	4074
elections under section 3501.19 of the Revised Code or a notice of	4075
voter registration mailed by a board of elections under section	4076
3503.19 of the Revised Code, with the voter's name and current	4077
address.	4078

...... The provisional voter provided the last four digits of	4079
the voter's social security number.	4080

...... The provisional voter is not able to provide a current	4081
and valid photo identification, a military identification, or a	4082
copy of a current utility bill, bank statement, government check,	4083
paycheck, or other government document, other than a notice of an	4084
election mailed by a board of elections under section 3501.19 of	4085
the Revised Code or a notice of voter registration mailed by a	4086
board of elections under section 3503.19 of the Revised Code, with	4087
the voter's name and current address but does have one of these	4088
forms of identification. The provisional voter must provide one of	4089
the foregoing items of identification to the board of elections	4090
within ten days after the election.	4091

..... The provisional voter is not able to provide a current	4092
and valid photo identification, a military identification, or a	4093
copy of a current utility bill, bank statement, government check,	4094
paycheck, or other government document, other than a notice of an	4095
election mailed by a board of elections under section 3501.19 of	4096
the Revised Code or a notice of voter registration mailed by a	4097
board of elections under section 3503.19 of the Revised Code, with	4098
the voter's name and current address but does have one of these	4099
forms of identification. Additionally, the provisional voter does	4100
have a social security number but is not able to provide the last	4101
four digits of the voter's social security number before voting.	4102
The provisional voter must provide one of the foregoing items of	4103
identification or the last four digits of the voter's social	4104
security number to the board of elections within ten days after	4105
the election.	4106

..... The provisional voter does not have a current and valid	4107
photo identification, a military identification, a copy of a	4108
current utility bill, bank statement, government check, paycheck,	4109
or other government document with the voter's name and current	4110
address, or a social security number, but has executed an	4111
affirmation.	4112

..... The provisional voter does not have a current and valid	4113
photo identification, a military identification, a copy of a	4114
current utility bill, bank statement, government check, paycheck,	4115
or other government document with the voter's name and current	4116
address, or a social security number, and has declined to execute	4117
an affirmation.	4118

..... The provisional voter declined to provide a current and	4119
valid photo identification, a military identification, a copy of a	4120
current utility bill, bank statement, government check, paycheck,	4121
or other government document with the voter's name and current	4122
address, or the last four digits of the voter's social security	4123
number but does have one of these forms of identification or a	4124
social security number. The provisional voter must provide one of	4125
the foregoing items of identification or the last four digits of	4126
the voter's social security number to the board of elections	4127
within ten days after the election.	4128

			4129
	(Signature of Election Official)"		4130

In addition to any information required to be included on the	4131
written affirmation, an individual casting a provisional ballot	4132
may provide additional information to the election official to	4133
assist the board of elections in determining the individual's	4134
eligibility to vote in that election, including the date and	4135
location at which the individual registered to vote, if known.	4136

If the individual declines to execute the affirmation, an	4137
appropriate local election official shall comply with division	4138
(B)(6) of section 3505.181 of the Revised Code.	4139

Sec. 3505.183.  (A) When the ballot boxes are delivered to	4140
the board of elections from the precincts, the board shall	4141
separate the provisional ballot envelopes from the rest of the	4142
ballots. Teams of employees of the board consisting of one member	4143
of each major political party shall place the sealed provisional	4144
ballot envelopes in a secure location within the office of the	4145
board. The sealed provisional ballot envelopes shall remain in	4146
that secure location until the validity of those ballots is	4147
determined under division (B) of this section. While the	4148
provisional ballot is stored in that secure location, and prior to	4149
the counting of the provisional ballots, if the board receives	4150
information regarding the validity of a specific provisional	4151
ballot under division (B) of this section, the board may note, on	4152
the sealed provisional ballot envelope for that ballot, whether	4153
the ballot is valid and entitled to be counted.	4154

(B)(1) To determine whether a provisional ballot is valid and	4155
entitled to be counted, the board shall examine its records and	4156
determine whether the individual who cast the provisional ballot	4157
is registered and eligible to vote in the applicable election. The	4158
board shall examine the information contained in the written	4159
affirmation executed by the individual who cast the provisional	4160
ballot under division (B)(2) of section 3505.181 of the Revised	4161
Code. If the individual declines to execute such an affirmation,	4162
the individual's name, written by either the individual or the	4163
election official at the direction of the individual, shall be	4164
included in a written affirmation in order for the provisional	4165
ballot to be eligible to be counted; otherwise, the following	4166
information shall be included in the written affirmation in order	4167
for the provisional ballot to be eligible to be counted:	4168

(a) The individual's name and signature;

4169

(b) A statement that the individual is a registered voter in	4170
the jurisdiction in which the provisional ballot is being voted;	4171

(c) A statement that the individual is eligible to vote in	4172
the election in which the provisional ballot is being voted.	4173

(2) In addition to the information required to be included in	4174
an affirmation under division (B)(1) of this section, in	4175
determining whether a provisional ballot is valid and entitled to	4176
be counted, the board also shall examine any additional	4177
information for determining ballot validity provided by the	4178
provisional voter on the affirmation, provided by the provisional	4179
voter to an election official under section 3505.182 of the	4180
Revised Code, or provided to the board of elections during the ten	4181
days after the day of the election under division (B)(8) of	4182
section 3505.181 of the Revised Code, to assist the board in	4183
determining the individual's eligibility to vote.	4184

(3) If, in examining a provisional ballot affirmation and	4185
additional information under divisions (B)(1) and (2) of this	4186
section and comparing the information required under division	4187
(B)(1) of this section with the elector's information in the	4188
statewide voter registration database, the board determines that	4189
all of the following apply, the provisional ballot envelope shall	4190
be opened, and the ballot shall be placed in a ballot box to be	4191
counted:	4192

(a) The individual named on the affirmation is properly	4193
registered to vote.	4194

(b) The individual named on the affirmation is eligible to	4195
cast a ballot in the precinct and for the election in which the	4196
individual cast the provisional ballot.	4197

(c) The individual provided all of the information required	4198
under division (B)(1) of this section in the affirmation that the	4199
individual executed at the time the individual cast the	4200
provisional ballot.	4201

(d) The last four digits of the elector's social security	4202
number or the elector's driver's license number or state	4203
identification number are not different from the last four digits	4204
of the elector's social security number or the elector's driver's	4205
license number or state identification number contained in the	4206
statewide voter registration database.	4207

(e) If applicable, the individual provided any additional	4208
information required under division (B)(8) of section 3505.181 of	4209
the Revised Code within ten days after the day of the election.	4210

(f) If applicable, the hearing conducted under division (B)	4211
of section 3503.24 of the Revised Code after the day of the	4212
election resulted in the individual's inclusion in the official	4213
registration list.	4214

(4)(a) If, in examining a provisional ballot affirmation and	4215
additional information under divisions (B)(1) and (2) of this	4216
section and comparing the information required under division	4217
(B)(1) of this section with the elector's information in the	4218
statewide voter registration database, the board determines that	4219
any of the following applies, the provisional ballot envelope	4220
shall not be opened, and the ballot shall not be counted:	4221

(i) The individual named on the affirmation is not qualified	4222
or is not properly registered to vote.	4223

(ii) The individual named on the affirmation is not eligible	4224
to cast a ballot in the precinct or for the election in which the	4225
individual cast the provisional ballot.	4226

(iii) The individual did not provide all of the information	4227
required under division (B)(1) of this section in the affirmation	4228
that the individual executed at the time the individual cast the	4229
provisional ballot.	4230

(iv) The individual has already cast a ballot for the	4231
election in which the individual cast the provisional ballot.	4232

(v) If applicable, the individual did not provide any	4233
additional information required under division (B)(8) of section	4234
3505.181 of the Revised Code within ten days after the day of the	4235
election.	4236

(vi) If applicable, the hearing conducted under division (B)	4237
of section 3503.24 of the Revised Code after the day of the	4238
election did not result in the individual's inclusion in the	4239
official registration list.	4240

(vii) The individual failed to provide a current and valid	4241
photo identification, a military identification, a copy of a	4242
current utility bill, bank statement, government check, paycheck,	4243
or other government document, other than a notice of an election	4244
mailed by a board of elections under section 3501.19 of the	4245
Revised Code or a notice of voter registration mailed by a board	4246
of elections under section 3503.19 of the Revised Code, with the	4247
voter's name and current address, or the last four digits of the	4248
individual's social security number or to execute an affirmation	4249
under division (A) of section 3505.18 or division (B) of section	4250
3505.181 of the Revised Code.	4251

(viii) The last four digits of the elector's social security	4252
number or the elector's driver's license number or state	4253
identification number are different from the last four digits of	4254
the elector's social security number or the elector's driver's	4255
license number or state identification number contained in the	4256
statewide voter registration database.	4257

(b) If, in examining a provisional ballot affirmation and	4258
additional information under divisions (B)(1) and (2) of this	4259
section and comparing the information required under division	4260
(B)(1) of this section with the elector's information in the	4261
statewide voter registration database, the board is unable to	4262
determine either of the following, the provisional ballot envelope	4263
shall not be opened, and the ballot shall not be counted:	4264

(i) Whether the individual named on the affirmation is	4265
qualified or properly registered to vote;	4266

(ii) Whether the individual named on the affirmation is	4267
eligible to cast a ballot in the precinct or for the election in	4268
which the individual cast the provisional ballot.	4269

(C)(1) For each provisional ballot rejected under division	4270
(B)(4) of this section, the board shall record the name of the	4271
provisional voter who cast the ballot, the identification number	4272
of the provisional ballot envelope, the names of the election	4273
officials who determined the validity of that ballot, the date and	4274
time that the determination was made, and the reason that the	4275
ballot was not counted.	4276

(2) Provisional ballots that are rejected under division	4277
(B)(4) of this section shall not be counted but shall be preserved	4278
in their provisional ballot envelopes unopened until the time	4279
provided by section 3505.31 of the Revised Code for the	4280
destruction of all other ballots used at the election for which	4281
ballots were provided, at which time they shall be destroyed.	4282

(D) Provisional ballots that the board determines are	4283
eligible to be counted under division (B)(3) of this section shall	4284
be counted in the same manner as provided for other ballots under	4285
section 3505.27 of the Revised Code. No provisional ballots shall	4286
be counted in a particular county until the board determines the	4287
eligibility to be counted of all provisional ballots cast in that	4288
county under division (B) of this section for that election.	4289
Observers, as provided in section 3505.21 of the Revised Code, may	4290
be present at all times that the board is determining the	4291
eligibility of provisional ballots to be counted and counting	4292
those provisional ballots determined to be eligible. No person	4293
shall recklessly disclose the count or any portion of the count of	4294
provisional ballots in such a manner as to jeopardize the secrecy	4295
of any individual ballot.	4296

(E)(1) Except as otherwise provided in division (E)(2) of	4297
this section, nothing in this section shall prevent a board of	4298
elections from examining provisional ballot affirmations and	4299
additional information under divisions (B)(1) and (2) of this	4300
section to determine the eligibility of provisional ballots to be	4301
counted during the ten days after the day of an election.	4302

(2) A board of elections shall not examine the provisional	4303
ballot affirmation and additional information under divisions	4304
(B)(1) and (2) of this section of any provisional ballot for which	4305
an election official has indicated under division (B)(7) of	4306
section 3505.181 of the Revised Code that additional information	4307
is required for the board of elections to determine the	4308
eligibility of the individual who cast that provisional ballot	4309
until the individual provides any information required under	4310
division (B)(8) of section 3505.181 of the Revised Code, until any	4311
hearing required to be conducted under section 3503.24 of the	4312
Revised Code with regard to the provisional voter is held, or	4313
until the eleventh day after the day of the election, whichever is	4314
earlier.	4315

Sec. 3505.20.  Any person offering to vote may be challenged	4316
at the polling place by any judge of elections. If the board of	4317
elections has ruled on the question presented by a challenge prior	4318
to election day, its finding and decision shall be final, and the	4319
presiding judge shall be notified in writing. If the board has not	4320
ruled, the question shall be determined as set forth in this	4321
section. If any person is so challenged as unqualified to vote,	4322
the presiding judge shall tender the person the following oath:	4323
"You do swear or affirm under penalty of election falsification	4324
that you will fully and truly answer all of the following	4325
questions put to you concerning your qualifications as an elector	4326
at this election."	4327

(A) If the person is challenged as unqualified on the ground	4328
that the person is not a citizen, the judges shall put the	4329
following questions:	4330

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

4331

(2) Are you a native or naturalized citizen?

4332

(3) Where were you born?

4333

(4) What official documentation do you possess to prove your	4334
citizenship? Please provide that documentation.	4335

If the person offering to vote claims to be a naturalized	4336
citizen of the United States, the person shall, before the vote is	4337
received, produce for inspection of the judges a certificate of	4338
naturalization and declare under oath that the person is the	4339
identical person named in the certificate. If the person states	4340
under oath that, by reason of the naturalization of the person's	4341
parents or one of them, the person has become a citizen of the	4342
United States, and when or where the person's parents were	4343
naturalized, the certificate of naturalization need not be	4344
produced. If the person is unable to provide a certificate of	4345
naturalization on the day of the election, the judges shall	4346
provide to the person, and the person may vote, a provisional	4347
ballot under section 3505.181 of the Revised Code. The provisional	4348
ballot shall not be counted unless it is properly completed and	4349
the board of elections determines that the voter is properly	4350
registered and eligible to vote in the election.	4351

(B) If the person is challenged as unqualified on the ground	4352
that the person has not resided in this state for thirty days	4353
immediately preceding the election, the judges shall put the	4354
following questions:	4355

(1) Have you resided in this state for thirty days	4356
immediately preceding this election? If so, where have you	4357
resided?	4358

(2) Did you properly register to vote?

4359

(3) Can you provide some form of identification containing	4360
your current mailing address in this precinct? Please provide that	4361
identification.	4362

(4) Have you voted or attempted to vote at any other location	4363
in this or in any other state at this election?	4364

(5) Have you applied for an absent voter's ballot in any	4365
state for this election?	4366

If the judges are unable to verify the person's eligibility	4367
to cast a ballot in the election, the judges shall provide to the	4368
person, and the person may vote, a provisional ballot under	4369
section 3505.181 of the Revised Code. The provisional ballot shall	4370
not be counted unless it is properly completed and the board of	4371
elections determines that the voter is properly registered and	4372
eligible to vote in the election.	4373

(C) If the person is challenged as unqualified on the ground	4374
that the person is not a resident of the precinct where the person	4375
offers to vote, the judges shall put the following questions:	4376

(1) Do you reside in this precinct?

4377

(2) When did you move into this precinct?

4378

(3) When you came into this precinct, did you come for a	4379
temporary purpose merely or for the purpose of making it your	4380
home?	4381

(4) What is your current mailing address?

4382

(5) Do you have some official identification containing your	4383
current address in this precinct? Please provide that	4384
identification.	4385

(6) Have you voted or attempted to vote at any other location	4386
in this or in any other state at this election?	4387

(7) Have you applied for any absent voter's ballot in any	4388
state for this election?	4389

The judges shall direct an individual who is not in the	4390
appropriate polling place to the appropriate polling place. If the	4391
individual refuses to go to the appropriate polling place, or if	4392
the judges are unable to verify the person's eligibility to cast a	4393
ballot in the election, the judges shall provide to the person,	4394
and the person may vote, a provisional ballot under section	4395
3505.181 of the Revised Code. The provisional ballot shall not be	4396
counted unless it is properly completed and the board of elections	4397
determines that the voter is properly registered and eligible to	4398
vote in the election.	4399

(D) If the person is challenged as unqualified on the ground	4400
that the person is not of legal voting age, the judges shall put	4401
the following questions:	4402

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

4403

(2) What is your date of birth?

4404

(3) Do you have some official identification verifying your	4405
age? Please provide that identification.	4406

If the judges are unable to verify the person's age and	4407
eligibility to cast a ballot in the election, the judges shall	4408
provide to the person, and the person may vote, a provisional	4409
ballot under section 3505.181 of the Revised Code. The provisional	4410
ballot shall not be counted unless it is properly completed and	4411
the board of elections determines that the voter is properly	4412
registered and eligible to vote in the election.	4413

The presiding judge shall put such other questions to the	4414
person challenged as are necessary to determine the person's	4415
qualifications as an elector at the election. If a person	4416
challenged refuses to answer fully any question put to the person,	4417
is unable to answer the questions as they were answered on the	4418
registration form by the person under whose name the person offers	4419
to vote, or refuses to sign the person's name or make the person's	4420
mark, or if for any other reason a majority of the judges believes	4421
the person is not entitled to vote, the judges shall provide to	4422
the person, and the person may vote, a provisional ballot under	4423
section 3505.181 of the Revised Code. The provisional ballot shall	4424
not be counted unless it is properly completed and the board of	4425
elections determines that the voter is properly registered and	4426
eligible to vote in the election.	4427

A qualified citizen who has certified the citizen's intention	4428
to vote for president and vice-president as provided by Chapter	4429
3504. of the Revised Code shall be eligible to receive only the	4430
ballot containing presidential and vice-presidential candidates.	4431

However, prior to the nineteenth day before the day of an	4432
election and in accordance with section 3503.24 of the Revised	4433
Code, any person qualified to vote may challenge the right of any	4434
other person to be registered as a voter, or the right to cast an	4435
absent voter's ballot, or to make application for such ballot.	4436
Such challenge shall be made in accordance with section 3503.24 of	4437
the Revised Code, and the board of elections of the county in	4438
which the voting residence of the challenged voter is situated	4439
shall make a final determination relative to the legality of such	4440
registration or application.	4441

Sec. 3505.21.  At any primary, special, or general election,	4442
any political party supporting candidates to be voted upon at such	4443
election and any group of five or more candidates may appoint to	4444
the board of elections or to any of the precincts in the county or	4445
city one person, a qualified elector, who shall serve as observer	4446
for such party or such candidates during the casting and counting	4447
of the ballots; provided that separate observers may be appointed	4448
to serve during the casting and during the counting of the	4449
ballots. No candidate, no uniformed peace officer as defined by	4450
section 2935.01 of the Revised Code, no uniformed state highway	4451
patrol trooper, no uniformed member of any fire department, no	4452
uniformed member of the armed services, no uniformed member of the	4453
organized militia, no person wearing any other uniform, and no	4454
person carrying a firearm or other deadly weapon shall serve as an	4455
observer, nor shall any candidate be represented by more than one	4456
observer at any one precinct except that a candidate who is a	4457
member of a party controlling committee, as defined in section	4458
3517.03 of the Revised Code, may serve as an observer. Any	4459
political party or group of candidates appointing observers shall	4460
notify the board of elections of the names and addresses of its	4461
appointees and the precincts at which they shall serve.	4462
Notification shall take place not less than eleven days before the	4463
election on forms prescribed by the secretary of state and may be	4464
amended by filing an amendment with the board of elections at any	4465
time until four p.m. of the day before the election. The observer	4466
serving on behalf of a political party shall be appointed in	4467
writing by the chairperson and secretary of the respective	4468
controlling party committee. Observers serving for any five or	4469
more candidates shall have their certificates signed by those	4470
candidates. Observers appointed to a precinct may file their	4471
certificates of appointment with the presiding judge of the	4472
precinct at the meeting on the evening prior to the election, or	4473
with the presiding judge of the precinct on the day of the	4474
election. Upon the filing of a certificate, the person named as	4475
observer in the certificate shall be permitted to be in and about	4476
the polling place for the precinct during the casting of the	4477
ballots and shall be permitted to watch every proceeding of the	4478
judges of elections from the time of the opening until the closing	4479
of the polls. The observer also may inspect the counting of all	4480
ballots in the polling place or board of elections from the time	4481
of the closing of the polls until the counting is completed and	4482
the final returns are certified and signed. Observers appointed to	4483
the board of elections under this section may observe at the board	4484
of elections and may observe at any precinct in the county. The	4485
judges of elections shall protect such observers in all of the	4486
rights and privileges granted to them by Title XXXV of the Revised	4487
Code.	4488

No persons other than the judges of elections, the observers,	4489
a police officer, other persons who are detailed to any precinct	4490
on request of the board of elections, or the secretary of state or	4491
the secretary of state's legal representative shall be admitted to	4492
the polling place, or any room in which a board of elections is	4493
counting ballots, after the closing of the polls until the	4494
counting, certifying, and signing of the final returns of each	4495
election have been completed.	4496

Not later than four p.m. of the twentieth day prior to an	4497
election at which questions are to be submitted to a vote of the	4498
people, any committee that in good faith advocates or opposes a	4499
measure may file a petition with the board of any county asking	4500
that the petitioners be recognized as the committee entitled to	4501
appoint observers to the count at the election. If more than one	4502
committee alleging themselves to advocate or oppose the same	4503
measure file such a petition, the board shall decide and announce	4504
by registered mail to each committee not less than twelve days	4505
immediately preceding the election which committee is recognized	4506
as being entitled to appoint observers. The decision shall not be	4507
final, but any aggrieved party may institute mandamus proceedings	4508
in the court of common pleas of the county in which the board has	4509
jurisdiction to compel the judges of elections to accept the	4510
appointees of such aggrieved party. Any such recognized committee	4511
may appoint an observer to the count in each precinct. Committees	4512
appointing observers shall notify the board of elections of the	4513
names and addresses of its appointees and the precincts at which	4514
they shall serve. Notification shall take place not less than	4515
eleven days before the election on forms prescribed by the	4516
secretary of state and may be amended by filing an amendment with	4517
the board of elections at any time until four p.m. on the day	4518
before the election. A person so appointed shall file the person's	4519
certificate of appointment with the presiding judge in the	4520
precinct in which the person has been appointed to serve.	4521
Observers shall file their certificates before the polls are	4522
closed. In no case shall more than six observers be appointed for	4523
any one election in any one precinct. If more than three questions	4524
are to be voted on, the committees which have appointed observers	4525
may agree upon not to exceed six observers, and the judges of	4526
elections shall appoint such observers. If such committees fail to	4527
agree, the judges of elections shall appoint six observers from	4528
the appointees so certified, in such manner that each side of the	4529
several questions shall be represented.	4530

No person shall serve as an observer at any precinct unless	4531
the board of elections of the county in which such observer is to	4532
serve has first been notified of the name, address, and precinct	4533
at which such observer is to serve. Notification to the board of	4534
elections shall be given by the political party, group of	4535
candidates, or committee appointing such observer as prescribed in	4536
this section. No such observers shall receive any compensation	4537
from the county, municipal corporation, or township, and they	4538
shall take the following oath, to be administered by one of the	4539
judges of elections:	4540

"You do solemnly swear that you will faithfully and	4541
impartially discharge the duties as an official observer, assigned	4542
by law; that you will not cause any delay to persons offering to	4543
vote; and that you will not disclose or communicate to any person	4544
how any elector has voted at such election."	4545

Sec. 3505.23.  No voter shall be allowed to occupy a voting	4546
compartment or use a voting machine more than five minutes when	4547
all the voting compartments or machines are in use and voters are	4548
waiting to occupy them. Except as otherwise provided by section	4549
3505.24 of the Revised Code, no voter shall occupy a voting	4550
compartment or machine with another person or speak to anyone, nor	4551
shall anyone speak to the voter, while the voter is in a voting	4552
compartment or machine.	4553

In precincts that do not use voting machines the following	4554
procedure shall be followed:	4555

If a voter tears, soils, defaces, or erroneously marks a	4556
ballot the voter may return it to the precinct election officials	4557
and a second ballot shall be issued to the voter. Before returning	4558
a torn, soiled, defaced, or erroneously marked ballot, the voter	4559
shall fold it so as to conceal any marks the voter made upon it,	4560
but the voter shall not remove Stub A therefrom. If the voter	4561
tears, soils, defaces, or erroneously marks such second ballot,	4562
the voter may return it to the precinct election officials, and a	4563
third ballot shall be issued to the voter. In no case shall more	4564
than three ballots be issued to a voter. Upon receiving a returned	4565
torn, soiled, defaced, or erroneously marked ballot the precinct	4566
election officials shall detach Stub A therefrom, write "Defaced"	4567
on the back of such ballot, and place the stub and the ballot in	4568
the separate containers provided therefor.	4569

No elector shall leave the polling place until the elector	4570
returns to the precinct election officials every ballot issued to	4571
the elector with Stub A on each ballot attached thereto,	4572
regardless of whether the elector has or has not placed any marks	4573
upon the ballot.	4574

Before leaving the voting compartment, the voter shall fold	4575
each ballot marked by the voter so that no part of the face of the	4576
ballot is visible, and so that the printing thereon indicating the	4577
kind of ballot it is and the facsimile signatures of the members	4578
of the board of elections are visible. The voter shall then leave	4579
the voting compartment, deliver the voter's ballots, and state the	4580
voter's name to the judge having charge of the ballot boxes, who	4581
shall announce the name, detach Stub A from each ballot, and	4582
announce the number on the stubs. The judges in charge of the poll	4583
lists or poll books shall check to ascertain whether the number so	4584
announced is the number on Stub B of the ballots issued to such	4585
voter, and if no discrepancy appears to exist, the judge in charge	4586
of the ballot boxes shall, in the presence of the voter, deposit	4587
each such ballot in the proper ballot box and shall place Stub A	4588
from each ballot in the container provided therefor. The voter	4589
shall then immediately leave the polling place.	4590

No ballot delivered by a voter to the judge in charge of the	4591
ballot boxes with Stub A detached therefrom, and only ballots	4592
provided in accordance with Title XXXV of the Revised Code, shall	4593
be voted or deposited in the ballot boxes.	4594

In marking a presidential ballot, the voter shall record the	4595
vote in the manner provided on the ballot next to the names of the	4596
candidates for the offices of president and vice-president. Such	4597
ballot shall be considered and counted as a vote for each of the	4598
candidates for election as presidential elector whose names were	4599
certified to the secretary of state by the political party of such	4600
nominees for president and vice-president.	4601

In marking an office type ballot or nonpartisan ballot, the	4602
voter shall record the vote in the manner provided on the ballot	4603
next to the name of each candidate for whom the voter desires to	4604
vote.	4605

In marking a primary election ballot, the voter shall record	4606
the vote in the manner provided on the ballot next to the name of	4607
each candidate for whom the voter desires to vote. If the voter	4608
desires to vote for the nomination of a person whose name is not	4609
printed on the primary election ballot, the voter may do so by	4610
writing such person's name on the ballot in the proper place	4611
provided for such purpose.	4612

In marking a questions and issues ballot, the voter shall	4613
record the vote in the manner provided on the ballot at the left	4614
or at the right of "YES" or "NO" or other words of similar import	4615
which are printed on the ballot to enable the voter to indicate	4616
how the voter votes in connection with each question or issue upon	4617
which the voter desires to vote.	4618

In marking any ballot on which a blank space has been	4619
provided wherein an elector may write in the name of a person for	4620
whom the elector desires to vote, the elector shall write such	4621
person's name in such blank space and on no other place on the	4622
ballot. Unless specific provision is made by statute, no blank	4623
space shall be provided on a ballot for write-in votes, and any	4624
names written on a ballot other than in a blank space provided	4625
therefor shall not be counted or recorded.	4626

Sec. 3505.24.  Any elector who declares to the presiding	4627
judge of elections that the elector is unable to mark the	4628
elector's ballot by reason of blindness, disability, or illiteracy	4629
may be accompanied in the voting booth and aided by any person of	4630
the elector's choice, other than the elector's employer, an agent	4631
of the elector's employer, or an officer or agent of the elector's	4632
union, if any. The elector also may request and receive assistance	4633
in the marking of the elector's ballot from two election officials	4634
of different political parties. Any person providing assistance in	4635
the marking of an elector's ballot under this section shall	4636
thereafter provide no information in regard to the marking of that	4637
ballot.	4638

Any judge may require a declaration of inability to be made	4639
by the elector under oath before the judge. Assistance shall not	4640
be rendered for causes other than those specified in this section,	4641
and no candidate whose name appears on the ballot shall assist any	4642
person in marking that person's ballot.	4643

Sec. 3505.26.  At the time for closing the polls, the	4644
presiding judge shall by proclamation announce that the polls are	4645
closed.	4646

The judges shall then in the presence of observers proceed as	4647
follows:	4648

(A) Count the number of electors who voted, as shown on the	4649
pollbooks;	4650

(B) Count the unused ballots without removing stubs;

4651

(C) Count the soiled and defaced ballots;

4652

(D) Insert the totals of (A), (B), and (C) on the report	4653
forms provided therefor in the pollbook;	4654

(E) Count the voted ballots. If the number of voted ballots	4655
exceeds the number of voters whose names appear upon the	4656
pollbooks, the presiding judge shall enter on the pollbooks an	4657
explanation of that discrepancy, and that explanation, if agreed	4658
to, shall be subscribed to by all of the judges. Any judge having	4659
a different explanation shall enter it in the pollbooks and	4660
subscribe to it.	4661

(F) Put the unused ballots with stubs attached, and soiled	4662
and defaced ballots with stubs attached, in the envelopes or	4663
containers provided therefor, certify the number, and then proceed	4664
to count and tally the votes in the manner prescribed by section	4665
3505.27 of the Revised Code and certify the result of the election	4666
to the board of elections.	4667

Sec. 3505.28.  No ballot shall be counted which is marked	4668
contrary to law, except that no ballot shall be rejected for any	4669
technical error unless it is impossible to determine the voter's	4670
choice. If two or more ballots are found folded together among the	4671
ballots removed from a ballot box, they shall be deemed to be	4672
fraudulent. Such ballots shall not be counted. They shall be	4673
marked "Fraudulent" and shall be placed in an envelope indorsed	4674
"Not Counted" with the reasons therefor, and such envelope shall	4675
be delivered to the board of elections together with other	4676
uncounted ballots.	4677

No ballot shall be rejected because of being marked with ink	4678
or by any writing instrument other than one of the pencils	4679
provided by the board of elections.	4680

Sec. 3505.29.  From the time the ballot box is opened and the	4681
count of ballots begun until the ballots are counted and	4682
certificates of votes cast are made out, signed, certified and	4683
given to the presiding judge for delivery to the headquarters of	4684
the board of elections, the judges in each precinct shall not	4685
separate, nor shall a judge leave the polling place except from	4686
unavoidable necessity. In cases of illness or unavoidable	4687
necessity, the board may substitute another qualified person for	4688
any precinct official so incapacitated.	4689

Sec. 3505.30.  When the results of the ballots have been	4690
ascertained, such results shall be embodied in a summary statement	4691
to be prepared by the judges in duplicate, on forms provided by	4692
the board of elections. One copy shall be certified by the judges	4693
and posted on the front of the polling place, and one copy,	4694
similarly certified, shall be transmitted without delay to the	4695
board in a sealed envelope along with the other returns of the	4696
election. The board shall, immediately upon receipt of such	4697
summary statements, compile and prepare an unofficial count and	4698
upon its completion shall transmit prepaid, immediately by	4699
telephone, facsimile machine, or other telecommunications device,	4700
the results of such unofficial count to the secretary of state, or	4701
to the board of the most populous county of the district which is	4702
authorized to canvass the returns. Such count, in no event, shall	4703
be made later than twelve noon on the day following the election.	4704
The board shall also, at the same time, certify the results	4705
thereof to the secretary of state by certified mail. The board	4706
shall remain in session from the time of the opening of the polls,	4707
continuously, until the results of the election are received from	4708
every precinct in the county and such results are communicated to	4709
the secretary of state.	4710

Sec. 3505.31.  When the results of the voting in a polling	4711
place on the day of an election have been determined and entered	4712
upon the proper forms and the certifications of those results have	4713
been signed by the precinct officials, those officials, before	4714
leaving the polling place, shall place all ballots that they have	4715
counted in containers provided for that purpose by the board of	4716
elections, and shall seal each container in a manner that it	4717
cannot be opened without breaking the seal or the material of	4718
which the container is made. They shall also seal the pollbook,	4719
poll list or signature pollbook, and tally sheet in a manner that	4720
the data contained in these items cannot be seen without breaking	4721
the seals. On the outside of these items shall be a plain	4722
indication that they are to be filed with the board. The presiding	4723
judge and an employee or appointee of the board of elections who	4724
has taken an oath to uphold the laws and constitution of this	4725
state, including an oath that the person will promptly and	4726
securely perform the duties required under this section and who is	4727
a member of a different political party than the presiding judge,	4728
shall then deliver to the board the containers of ballots and the	4729
sealed pollbook, poll list, and tally sheet, together with all	4730
other election reports, materials, and supplies required to be	4731
delivered to the board.	4732

The board shall carefully preserve all ballots prepared and	4733
provided by it for use in an election, whether used or unused, for	4734
sixty days after the day of the election, except that, if an	4735
election includes the nomination or election of candidates for any	4736
of the offices of president, vice-president, presidential elector,	4737
member of the senate of the congress of the United States, or	4738
member of the house of representatives of the congress of the	4739
United States, the board shall carefully preserve all ballots	4740
prepared and provided by it for use in that election, whether used	4741
or unused, for twenty-two months after the day of the election. If	4742
an election is held within that sixty-day period, the board shall	4743
have authority to transfer those ballots to other containers to	4744
preserve them until the sixty-day period has expired. After that	4745
sixty-day period, the ballots shall be disposed of by the board in	4746
a manner that the board orders, or where voting machines have been	4747
used the counters may be turned back to zero; provided that the	4748
secretary of state, within that sixty-day period, may order the	4749
board to preserve the ballots or any part of the ballots for a	4750
longer period of time, in which event the board shall preserve	4751
those ballots for that longer period of time.	4752

In counties where voting machines are used, if an election is	4753
to be held within the sixty days immediately following a primary,	4754
general, or special election or within any period of time within	4755
which the ballots have been ordered preserved by the secretary of	4756
state or a court of competent jurisdiction, the board, after	4757
giving notice to all interested parties and affording them an	4758
opportunity to have a representative present, shall open the	4759
compartments of the machines and, without unlocking the machines,	4760
shall recanvass the vote cast in them as if a recount were being	4761
held. The results shall be certified by the board, and this	4762
certification shall be filed in the board's office and retained	4763
for the remainder of the period for which ballots must be kept.	4764
After preparation of the certificate, the counters may be turned	4765
back to zero, and the machines may be used for the election.	4766

The board shall carefully preserve the pollbook, poll list or	4767
signature pollbook, and tally sheet delivered to it from each	4768
polling place until it has completed the official canvass of the	4769
election returns from all precincts in which electors were	4770
entitled to vote at an election, and has prepared and certified	4771
the abstracts of election returns, as required by law. The board	4772
shall not break, or permit anyone to break, the seals upon the	4773
pollbook, poll list or signature pollbook, and tally sheet, or	4774
make, or permit any one to make, any changes or notations in these	4775
items, while they are in its custody, except as provided by	4776
section 3505.32 of the Revised Code.	4777

Pollbooks and poll lists or signature pollbooks of a party	4778
primary election delivered to the board from polling places shall	4779
be carefully preserved by it for two years after the day of	4780
election in which they were used, and shall then be disposed of by	4781
the board in a manner that the board orders.	4782

Pollbooks, poll lists or signature pollbooks, tally sheets,	4783
summary statements, and other records and returns of an election	4784
delivered to it from polling places shall be carefully preserved	4785
by the board for two years after the day of the election in which	4786
they were used, and shall then be disposed of by the board in a	4787
manner that the board orders.	4788

Sec. 3506.05.  (A) As used in this section, except when used	4789
as part of the phrase "tabulating equipment" or "automatic	4790
tabulating equipment":	4791

(1) "Equipment" means a voting machine, marking device,	4792
automatic tabulating equipment, or software.	4793

(2) "Vendor" means the person that owns, manufactures,	4794
distributes, or has the legal right to control the use of	4795
equipment, or the person's agent.	4796

(B) No voting machine, marking device, automatic tabulating	4797
equipment, or software for the purpose of casting or tabulating	4798
votes or for communications among systems involved in the	4799
tabulation, storage, or casting of votes shall be purchased,	4800
leased, put in use, or continued to be used, except for	4801
experimental use as provided in division (B) of section 3506.04 of	4802
the Revised Code, unless it, a manual of procedures governing its	4803
use, and training materials, service, and other support	4804
arrangements have been certified by the secretary of state and	4805
unless the board of elections of each county where the equipment	4806
will be used has assured that a demonstration of the use of the	4807
equipment has been made available to all interested electors. The	4808
secretary of state shall appoint a board of voting machine	4809
examiners to examine and approve equipment and its related manuals	4810
and support arrangements. The board shall consist of four members,	4811
who shall be appointed as follows:	4812

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

4813

(2) One member appointed by either the speaker of the house	4814
of representatives or the minority leader of the house of	4815
representatives, whichever is a member of the opposite political	4816
party from the one to which the secretary of state belongs.	4817

(3) One member appointed by either the president of the	4818
senate or the minority leader of the senate, whichever is a member	4819
of the opposite political party from the one to which the	4820
secretary of state belongs.	4821

In all cases of a tie vote or a disagreement in the board, if	4822
no decision can be arrived at, the board shall submit the matter	4823
in controversy to the secretary of state, who shall summarily	4824
decide the question, and the secretary of state's decision shall	4825
be final. Each member of the board shall be a competent and	4826
experienced election officer or a person who is knowledgeable	4827
about the operation of voting equipment and shall serve during the	4828
secretary of state's term. Any vacancy on the board shall be	4829
filled in the same manner as the original appointment. The	4830
secretary of state shall provide staffing assistance to the board,	4831
at the board's request.	4832

For the member's service, each member of the board shall	4833
receive three hundred dollars per day for each combination of	4834
marking device, tabulating equipment, and voting machine examined	4835
and reported, but in no event shall a member receive more than six	4836
hundred dollars to examine and report on any one marking device,	4837
item of tabulating equipment, or voting machine. Each member of	4838
the board shall be reimbursed for expenses the member incurs	4839
during an examination or during the performance of any related	4840
duties that may be required by the secretary of state.	4841
Reimbursement of these expenses shall be made in accordance with,	4842
and shall not exceed, the rates provided for under section 126.31	4843
of the Revised Code.	4844

Neither the secretary of state nor the board, nor any public	4845
officer who participates in the authorization, examination,	4846
testing, or purchase of equipment, shall have any pecuniary	4847
interest in the equipment or any affiliation with the vendor.	4848

(C)(1) A vendor who desires to have the secretary of state	4849
certify equipment shall first submit the equipment, all current	4850
related procedural manuals, and a current description of all	4851
related support arrangements to the board of voting machine	4852
examiners for examination, testing, and approval. The submission	4853
shall be accompanied by a fee of two thousand four hundred dollars	4854
and a detailed explanation of the construction and method of	4855
operation of the equipment, a full statement of its advantages,	4856
and a list of the patents and copyrights used in operations	4857
essential to the processes of vote recording and tabulating, vote	4858
storage, system security, and other crucial operations of the	4859
equipment as may be determined by the board. An additional fee, in	4860
an amount to be set by rules promulgated by the board, may be	4861
imposed to pay for the costs of alternative testing or testing by	4862
persons other than board members, record-keeping, and other	4863
extraordinary costs incurred in the examination process. Moneys	4864
not used shall be returned to the person or entity submitting the	4865
equipment for examination.	4866

(2) Fees collected by the secretary of state under this	4867
section shall be deposited into the state treasury to the credit	4868
of the board of voting machine examiners fund, which is hereby	4869
created. All moneys credited to this fund shall be used solely for	4870
the purpose of paying for the services and expenses of each member	4871
of the board or for other expenses incurred relating to the	4872
examination, testing, reporting, or certification of voting	4873
machine devices, the performance of any related duties as required	4874
by the secretary of state, or the reimbursement of any person	4875
submitting an examination fee as provided in this chapter.	4876

(D) Within sixty days after the submission of the equipment	4877
and payment of the fee, or as soon thereafter as is reasonably	4878
practicable, but in any event within not more than ninety days	4879
after the submission and payment, the board of voting machine	4880
examiners shall examine the equipment and file with the secretary	4881
of state a written report on the equipment with its	4882
recommendations and its determination or condition of approval	4883
regarding whether the equipment, manual, and other related	4884
materials or arrangements meet the criteria set forth in sections	4885
3506.07 and 3506.10 of the Revised Code and can be safely used by	4886
the voters at elections under the conditions prescribed in Title	4887
XXXV of the Revised Code, or a written statement of reasons for	4888
which testing requires a longer period. The board may grant	4889
temporary approval for the purpose of allowing experimental use of	4890
equipment. If the board finds that the equipment meets the	4891
criteria set forth in sections 3506.06, 3506.07, and 3506.10 of	4892
the Revised Code, can be used safely and can be depended upon to	4893
record and count accurately and continuously the votes of	4894
electors, and has the capacity to be warranted, maintained, and	4895
serviced, it shall approve the equipment and recommend that the	4896
secretary of state certify the equipment. The secretary of state	4897
shall notify all boards of elections of any such certification.	4898
Equipment of the same model and make, if it provides for recording	4899
of voter intent, system security, voter privacy, retention of	4900
vote, and communication of voting records in an identical manner,	4901
may then be adopted for use at elections.	4902

(E) The vendor shall notify the secretary of state, who shall	4903
then notify the board of voting machine examiners, of any	4904
enhancement and any significant adjustment to the hardware or	4905
software that could result in a patent or copyright change or that	4906
significantly alters the methods of recording voter intent, system	4907
security, voter privacy, retention of the vote, communication of	4908
voting records, and connections between the system and other	4909
systems. The vendor shall provide the secretary of state with an	4910
updated operations manual for the equipment, and the secretary of	4911
state shall forward the manual to the board. Upon receiving such a	4912
notification and manual, the board may require the vendor to	4913
submit the equipment to an examination and test in order for the	4914
equipment to remain certified. The board or the secretary of state	4915
shall periodically examine, test, and inspect certified equipment	4916
to determine continued compliance with the requirements of this	4917
chapter and the initial certification. Any examination, test, or	4918
inspection conducted for the purpose of continuing certification	4919
of any equipment in which a significant problem has been uncovered	4920
or in which a record of continuing problems exists shall be	4921
performed pursuant to divisions (C) and (D) of this section, in	4922
the same manner as the examination, test, or inspection is	4923
performed for initial approval and certification.	4924

(F) If, at any time after the certification of equipment, the	4925
board of voting machine examiners or the secretary of state is	4926
notified by a board of elections of any significant problem with	4927
the equipment or determines that the equipment fails to meet the	4928
requirements necessary for approval or continued compliance with	4929
the requirements of this chapter, or if the board of voting	4930
machine examiners determines that there are significant	4931
enhancements or adjustments to the hardware or software, or if	4932
notice of such enhancements or adjustments has not been given as	4933
required by division (E) of this section, the secretary of state	4934
shall notify the users and vendors of that equipment that	4935
certification of the equipment may be withdrawn.	4936

(G)(1) The notice given by the secretary of state under	4937
division (F) of this section shall be in writing and shall specify	4938
both of the following:	4939

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

4940

(b) The date on which certification will be withdrawn unless	4941
the vendor takes satisfactory corrective measures or explains why	4942
there are no problems with the equipment or why the enhancements	4943
or adjustments to the equipment are not significant.	4944

(2) A vendor who receives a notice under division (F) of this	4945
section shall, within thirty days after receiving it, submit to	4946
the board of voting machine examiners in writing a description of	4947
the corrective measures taken and the date on which they were	4948
taken, or the explanation required under division (G)(1)(b) of	4949
this section.	4950

(3) Not later than fifteen days after receiving a written	4951
description or explanation under division (G)(2) of this section	4952
from a vendor, the board shall determine whether the corrective	4953
measures taken or the explanation is satisfactory to allow	4954
continued certification of the equipment, and the secretary of	4955
state shall send the vendor a written notice of the board's	4956
determination, specifying the reasons for it. If the board has	4957
determined that the measures taken or the explanation given is	4958
unsatisfactory, the notice shall include the effective date of	4959
withdrawal of the certification. This date may be different from	4960
the date originally specified in division (G)(1)(b) of this	4961
section.	4962

(4) A vendor who receives a notice under division (G)(3) of	4963
this section indicating a decision to withdraw certification may,	4964
within thirty days after receiving it, request in writing that the	4965
board hold a hearing to reconsider its decision. Any interested	4966
party shall be given the opportunity to submit testimony or	4967
documentation in support of or in opposition to the board's	4968
recommendation to withdraw certification. Failure of the vendor to	4969
take appropriate steps as described in division (G)(1)(b) or to	4970
comply with division (G)(2) of this section results in a waiver of	4971
the vendor's rights under division (G)(4) of this section.	4972

(H)(1) The secretary of state, in consultation with the board	4973
of voting machine examiners, shall establish, by rule, guidelines	4974
for the approval, certification, and continued certification of	4975
the voting machines, marking devices, and tabulating equipment to	4976
be used under Title XXXV of the Revised Code. The guidelines shall	4977
establish procedures requiring vendors or computer software	4978
developers to place in escrow with an independent escrow agent	4979
approved by the secretary of state a copy of all source code and	4980
related documentation, together with periodic updates as they	4981
become known or available. The secretary of state shall require	4982
that the documentation include a system configuration and that the	4983
source code include all relevant program statements in low- or	4984
high-level languages. As used in this division, "source code" does	4985
not include variable codes created for specific elections.	4986

(2) Nothing in any rule adopted under division (H) of this	4987
section shall be construed to limit the ability of the secretary	4988
of state to follow or adopt, or to preclude the secretary of state	4989
from following or adopting, any guidelines proposed by the federal	4990
election commission, any entity authorized by the federal election	4991
commission to propose guidelines, the election assistance	4992
commission, or any entity authorized by the election assistance	4993
commission to propose guidelines.	4994

(3)(a) Before the initial certification of any direct	4995
recording electronic voting machine with a voter verified paper	4996
audit trail, and as a condition for the continued certification	4997
and use of those machines, the secretary of state shall establish,	4998
by rule, standards for the certification of those machines. Those	4999
standards shall include, but are not limited to, all of the	5000
following:	5001

(i) A definition of a voter verified paper audit trail as a	5002
paper record of the voter's choices that is verified by the voter	5003
prior to the casting of the voter's ballot and that is securely	5004
retained by the board of elections;	5005

(ii) Requirements that the voter verified paper audit trail	5006
shall not be retained by any voter and shall not contain	5007
individual voter information;	5008

(iii) A prohibition against the production by any direct	5009
recording electronic voting machine of anything that legally could	5010
be removed by the voter from the polling place, such as a receipt	5011
or voter confirmation;	5012

(iv) A requirement that paper used in producing a voter	5013
verified paper audit trail be sturdy, clean, and resistant to	5014
degradation;	5015

(v) A requirement that the voter verified paper audit trail	5016
shall be capable of being optically scanned for the purpose of	5017
conducting a recount or other audit of the voting machine and	5018
shall be readable in a manner that makes the voter's ballot	5019
choices obvious to the voter without the use of computer or	5020
electronic codes;	5021

(vi) A requirement, for office-type ballots, that the voter	5022
verified paper audit trail include the name of each candidate	5023
selected by the voter;	5024

(vii) A requirement, for questions and issues ballots, that	5025
the voter verified paper audit trail include the title of the	5026
question or issue, the name of the entity that placed the question	5027
or issue on the ballot, and the voter's ballot selection on that	5028
question or issue, but not the entire text of the question or	5029
issue.	5030

(b) The secretary of state, by rule adopted under Chapter	5031
119. of the Revised Code, may waive the requirement under division	5032
(H)(3)(a)(v) of this section, if the secretary of state determines	5033
that the requirement is cost prohibitive.	5034

(4)(a) Except as otherwise provided in division (H)(4)(c) of	5035
this section, any voting machine, marking device, or automatic	5036
tabulating equipment initially certified or acquired on or after	5037
December 1, 2008, shall have the most recent federal certification	5038
number issued by the election assistance commission.	5039

(b) Any voting machine, marking device, or automatic	5040
tabulating equipment certified for use in this state on September	5041
12, 2008, shall meet, as a condition of continued certification	5042
and use, the voting system standards adopted by the federal	5043
election commission in 2002.	5044

(c) A county that acquires additional voting machines,	5045
marking devices, or automatic tabulating equipment on or after	5046
December 1, 2008, shall not be considered to have acquired those	5047
machines, devices, or equipment on or after December 1, 2008, for	5048
the purpose of division (H)(4)(a) of this section if all of the	5049
following apply:	5050

(i) The voting machines, marking devices, or automatic	5051
tabulating equipment acquired are the same as the machines,	5052
devices, or equipment currently used in that county.	5053

(ii) The acquisition of the voting machines, marking devices,	5054
or automatic tabulating equipment does not replace or change the	5055
primary voting system used in that county.	5056

(iii) The acquisition of the voting machines, marking	5057
devices, or automatic tabulating equipment is for the purpose of	5058
replacing inoperable machines, devices, or equipment or for the	5059
purpose providing additional machines, devices, or equipment	5060
required to meet the allocation requirements established pursuant	5061
to division (I) of section 3501.11 of the Revised Code.	5062

Sec. 3506.12.  In counties where marking devices, automatic	5063
tabulating equipment, voting machines, or any combination of these	5064
are in use or are to be used, the board of elections:	5065

(A) May combine, rearrange, and enlarge precincts; but the	5066
board shall arrange for a sufficient number of these devices to	5067
accommodate the number of electors in each precinct as determined	5068
by the number of votes cast in that precinct at the most recent	5069
election for the office of governor, taking into consideration the	5070
size and location of each selected polling place, available	5071
parking, handicap accessibility and other accessibility to the	5072
polling place, and the number of candidates and issues to be voted	5073
on. Notwithstanding section 3501.22 of the Revised Code, the board	5074
may appoint more than four precinct officers to each precinct if	5075
this is made necessary by the number of voting machines to be used	5076
in that precinct.	5077

(B) Except as otherwise provided in this division, shall	5078
establish one or more counting stations to receive voted ballots	5079
and other precinct election supplies after the polling precincts	5080
are closed. Those stations shall be under the supervision and	5081
direction of the board of elections. Processing and counting of	5082
voted ballots, and the preparation of summary sheets, shall be	5083
done in the presence of observers approved by the board. A	5084
certified copy of the summary sheet for the precinct shall be	5085
posted at each counting station immediately after completion of	5086
the summary sheet.	5087

In counties where punch card ballots are used, one or more	5088
counting stations, located at the board of elections, shall be	5089
established, at which location all punch card ballots shall be	5090
counted.	5091

As used in this division, "punch card ballot" has the same	5092
meaning as in section 3506.16 of the Revised Code.	5093

Sec. 3506.15.  The secretary of state shall provide each	5094
board of elections with rules, instructions, directives, and	5095
advisories regarding the examination, testing, and use of the	5096
voting machine and tabulating equipment, the assignment of duties	5097
of booth officials, the procedure for casting a vote on the	5098
machine, and how the vote shall be tallied and reported to the	5099
board, and with other rules, instructions, directives, and	5100
advisories the secretary of state finds necessary to ensure the	5101
adequate care and custody of voting equipment, and the accurate	5102
registering, counting, and canvassing of the votes as required by	5103
this chapter. The boards of elections shall be charged with the	5104
responsibility of providing for the adequate instruction of voters	5105
and election officials in the proper use of the voting machine and	5106
marking devices. The boards' instructions shall include, in	5107
counties where punch card ballots are used, instructions that each	5108
voter shall examine the voter's marked ballot card and remove any	5109
chads that remain partially attached to it before returning it to	5110
election officials.	5111

The secretary of state's rules, instructions, directives, and	5112
advisories provided under this section shall comply, insofar as	5113
practicable, with this chapter. The provisions of Title XXXV of	5114
the Revised Code, not inconsistent with the provisions relating to	5115
voting machines, apply in any county using a voting machine.	5116

As used in this section, "chad" and "punch card ballot" have	5117
the same meanings as in section 3506.16 of the Revised Code.	5118

Sec. 3506.16. (A) As used in this section:

5119

(1) "Chad" means the small piece of paper or cardboard	5120
produced from a punch card ballot when a voter pierces a hole in a	5121
perforated, designated position on the ballot with a marking	5122
device to record the voter's candidate, question, or issue choice.	5123

(2) "Punch card ballot" means a ballot card that contains	5124
small perforated designated positions that a marking device must	5125
pierce to form a hole that records a voter's candidate, question,	5126
or issue choice.	5127

(B)(1) In counties where punch card ballots are used,	5128
employees of the board of elections designated by the board under	5129
division (C) of this section shall take all reasonable steps, in a	5130
manner prescribed by the secretary of state, to inspect those	5131
ballots at the board of elections prior to their counting by	5132
automatic tabulating equipment.	5133

(2) Those designees shall take all reasonable steps, in a	5134
manner prescribed by the secretary of state, to remove from a	5135
punch card ballot chads attached by two or fewer corners. They	5136
shall not remove from a punch card ballot any chad attached by	5137
three or four corners. If a chad is attached to a punch card	5138
ballot by three or four corners, it shall be deemed that a voter	5139
did not record a candidate, question, or issue choice at that	5140
particular position on the ballot, and a vote shall not be counted	5141
at that particular position on the ballot.	5142

(3)(a) Those designees shall remake and count as a valid	5143
ballot any punch card ballot in which the pattern of holes punched	5144
in areas of the ballot card other than the designated positions	5145
assigned to candidates, questions, or issues makes it clear to the	5146
designees that the voter inserted the ballot card into the voting	5147
machine with the back side of the ballot card facing up. Only	5148
holes that are clearly pierced through the punch card ballot shall	5149
be remade and counted. The designees shall remake and count a	5150
punch card ballot under this division whether the voter voted for	5151
one candidate, question, or issue, more than one but not all	5152
candidates, questions, or issues, or all candidates, questions,	5153
and issues.	5154

(b) If the pattern of holes pierced through a punch card	5155
ballot indicates that the ballot card was inserted into the voting	5156
machine with the back side of the ballot facing up, partially	5157
voted, then removed from the voting machine, reinserted properly,	5158
and voted correctly, the designees shall remake and count as valid	5159
only those votes represented by the properly punched side of the	5160
original punch card ballot.	5161

(C) The board of elections of a county where punch card	5162
ballots are used shall designate teams to inspect those ballots	5163
under division (B) of this section and, as necessary, to remove	5164
chads from those ballots or remake those ballots. Those teams	5165
shall consist of two employees of the board, one from each major	5166
political party. The board may designate as many teams as the	5167
board considers necessary to efficiently inspect those ballots	5168
prior to their counting. The board also may designate teams of two	5169
employees, one from each major political party, to monitor the	5170
teams conducting the inspection of those ballots under division	5171
(B) of this section.	5172

Sec. 3509.01. (A) The board of elections of each county shall	5173
provide absent voter's ballots for use at every primary and	5174
general election, or special election to be held on the day	5175
specified by division (E) of section 3501.01 of the Revised Code	5176
for the holding of a primary election, designated by the general	5177
assembly for the purpose of submitting constitutional amendments	5178
proposed by the general assembly to the voters of the state. Those	5179
ballots shall be the same size, shall be printed on the same kind	5180
of paper, and shall be in the same form as has been approved for	5181
use at the election for which those ballots are to be voted;	5182
except that, in counties using marking devices, ballot cards may	5183
be used for absent voter's ballots, and those absent voters shall	5184
be instructed to record the vote in the manner provided on the	5185
ballot cards. In counties where punch card ballots are used, those	5186
absent voters shall be instructed to examine their marked ballot	5187
cards and to remove any chads that remain partially attached to	5188
them before returning them to election officials.	5189

(B) The rotation of names of candidates and questions and	5190
issues shall be substantially complied with on absent voter's	5191
ballots, within the limitation of time allotted. Those ballots	5192
shall be designated as "Absent Voter's Ballots." Except as	5193
otherwise provided in division (D) of this section, those ballots	5194
shall be printed and ready for use as follows:	5195

(1) For overseas voters and absent uniformed services voters	5196
eligible to vote under the Uniformed and Overseas Citizens	5197
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	5198
1973ff, et seq., as amended, ballots shall be printed and ready	5199
for use on the forty-fifth day before the day of the election.	5200

(2) For all other voters who are applying to vote absent	5201
voter's ballots, ballots shall be printed and ready for use on the	5202
thirty-fifth day before the day of the election.	5203

(C) Absent voter's ballots provided for use at a general or	5204
primary election, or special election to be held on the day	5205
specified by division (E) of section 3501.01 of the Revised Code	5206
for the holding of a primary election, designated by the general	5207
assembly for the purpose of submitting constitutional amendments	5208
proposed by the general assembly to the voters of the state, shall	5209
include only those questions, issues, and candidacies that have	5210
been lawfully ordered submitted to the electors voting at that	5211
election.	5212

(D) If the laws governing the holding of a special election	5213
on a day other than the day on which a primary or general election	5214
is held make it impossible for absent voter's ballots to be	5215
printed and ready for use by the deadlines established in division	5216
(B) of this section, absent voter's ballots for those special	5217
elections shall be ready for use as many days before the day of	5218
the election as reasonably possible under the laws governing the	5219
holding of that special election.	5220

(E) A copy of the absent voter's ballots shall be forwarded	5221
by the director of the board in each county to the secretary of	5222
state at least twenty-five days before the election.	5223

(F) As used in this section, "chad" and "punch card ballot"	5224
have the same meanings as in section 3506.16 of the Revised Code.	5225

Sec. 3509.02.  (A) Any qualified elector may vote by absent	5226
voter's ballots at an election.	5227

(B) Any qualified elector who is unable to appear at the	5228
office of the board of elections or, if pursuant to division (C)	5229
of section 3501.10 of the Revised Code the board has designated	5230
another location in the county at which registered electors may	5231
vote, at that other location on account of personal illness,	5232
physical disability, or infirmity, and who moves from one precinct	5233
to another within a county, changes the elector's name and moves	5234
from one precinct to another within a county, or moves from one	5235
county to another county within the state, on or prior to the day	5236
of a general, primary, or special election and has not filed a	5237
notice of change of residence or change of name may vote by absent	5238
voter's ballots in that election as specified in division (G) of	5239
section 3503.16 of the Revised Code.	5240

Sec. 3509.03.  Except as provided in division (B) of section	5241
3509.08 of the Revised Code, any qualified elector desiring to	5242
vote absent voter's ballots at an election shall make written	5243
application for those ballots to the director of elections of the	5244
county in which the elector's voting residence is located. The	5245
application need not be in any particular form but shall contain	5246
all of the following:	5247

(A) The elector's name;

5248

(B) The elector's signature;

5249

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

5250

(D) The elector's date of birth;

5251

(E) One of the following:

5252

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

5253

(2) The last four digits of the elector's social security	5254
number;	5255

(3) A copy of the elector's current and valid photo	5256
identification, a copy of a military identification, or a copy of	5257
a current utility bill, bank statement, government check,	5258
paycheck, or other government document, other than a notice of an	5259
election mailed by a board of elections under section 3501.19 of	5260
the Revised Code or a notice of voter registration mailed by a	5261
board of elections under section 3503.19 of the Revised Code, that	5262
shows the name and address of the elector.	5263

(F) A statement identifying the election for which absent	5264
voter's ballots are requested;	5265

(G) A statement that the person requesting the ballots is a	5266
qualified elector;	5267

(H) If the request is for primary election ballots, the	5268
elector's party affiliation;	5269

(I) If the elector desires ballots to be mailed to the	5270
elector, the address to which those ballots shall be mailed.	5271

Each application for absent voter's ballots shall be	5272
delivered to the director not earlier than the first day of	5273
January of the year of the elections for which the absent voter's	5274
ballots are requested or not earlier than ninety days before the	5275
day of the election at which the ballots are to be voted,	5276
whichever is earlier, and not later than twelve noon of the third	5277
day before the day of the election at which the ballots are to be	5278
voted, or not later than six p.m. on the the last Friday before	5279
the day of the election at which the ballots are to be voted if	5280
the application is delivered in person to the office of the board.	5281

Sec. 3509.04. (A) If a director of a board of elections	5282
receives an application for absent voter's ballots that does not	5283
contain all of the required information, the director promptly	5284
shall notify the applicant of the additional information required	5285
to be provided by the applicant to complete that application.	5286

(B) Upon receipt by the director of elections of an	5287
application for absent voter's ballots that contains all of the	5288
required information, as provided by section 3509.03 and division	5289
(G) of section 3503.16 of the Revised Code, the director, if the	5290
director finds that the applicant is a qualified elector, shall	5291
deliver to the applicant in person or mail directly to the	5292
applicant by special delivery mail, air mail, or regular mail,	5293
postage prepaid, proper absent voter's ballots. The director shall	5294
deliver or mail with the ballots an unsealed identification	5295
envelope upon the face of which shall be printed a form	5296
substantially as follows:	5297

"Identification Envelope Statement of Voter	5298

I, ........................(Name of voter), declare under	5299
penalty of election falsification that the within ballot or	5300
ballots contained no voting marks of any kind when I received	5301
them, and I caused the ballot or ballots to be marked, enclosed in	5302
the identification envelope, and sealed in that envelope.	5303

My voting residence in Ohio is

5304

...................................................................	5305

(Street and Number, if any, or Rural Route and Number)	5306

of ................................ (City, Village, or Township)	5307
Ohio, which is in Ward ............... Precinct ................	5308
in that city, village, or township.	5309

The primary election ballots, if any, within this envelope	5310
are primary election ballots of the ............. Party.	5311

Ballots contained within this envelope are to be voted at the	5312
.......... (general, special, or primary) election to be held on	5313
the .......................... day of ......................, ....	5314

My date of birth is ............... (Month and Day),	5315
.......... (Year).	5316

(Voter must provide one of the following:)

5317

My driver's license number is ............... (Driver's	5318
license number).	5319

The last four digits of my Social Security Number are	5320
............... (Last four digits of Social Security Number).	5321

...... In lieu of providing a driver's license number or the	5322
last four digits of my Social Security Number, I am enclosing a	5323
copy of one of the following in the return envelope in which this	5324
identification envelope will be mailed: a current and valid photo	5325
identification, a military identification, or a current utility	5326
bill, bank statement, government check, paycheck, or other	5327
government document, other than a notice of an election mailed by	5328
a board of elections under section 3501.19 of the Revised Code or	5329
a notice of voter registration mailed by a board of elections,	5330
that shows my name and address.	5331

I hereby declare, under penalty of election falsification,	5332
that the statements above are true, as I verily believe.	5333

			5334
	(Signature of Voter)		5335

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	5336
THE FIFTH DEGREE."	5337

The director shall mail with the ballots and the unsealed	5338
identification envelope an unsealed return envelope upon the face	5339
of which shall be printed the official title and post-office	5340
address of the director. In the upper left corner on the face of	5341
the return envelope, several blank lines shall be printed upon	5342
which the voter may write the voter's name and return address. The	5343
return envelope shall be of such size that the identification	5344
envelope can be conveniently placed within it for returning the	5345
identification envelope to the director.	5346

Sec. 3509.05.  (A) When an elector receives an absent voter's	5347
ballot pursuant to the elector's application or request, the	5348
elector shall, before placing any marks on the ballot, note	5349
whether there are any voting marks on it. If there are any voting	5350
marks, the ballot shall be returned immediately to the board of	5351
elections; otherwise, the elector shall cause the ballot to be	5352
marked, folded in a manner that the stub on it and the	5353
indorsements and facsimile signatures of the members of the board	5354
of elections on the back of it are visible, and placed and sealed	5355
within the identification envelope received from the director of	5356
elections for that purpose. Then, the elector shall cause the	5357
statement of voter on the outside of the identification envelope	5358
to be completed and signed, under penalty of election	5359
falsification.	5360

If the elector does not provide the elector's driver's	5361
license number or the last four digits of the elector's social	5362
security number on the statement of voter on the identification	5363
envelope, the elector also shall include in the return envelope	5364
with the identification envelope a copy of the elector's current	5365
valid photo identification, a copy of a military identification,	5366
or a copy of a current utility bill, bank statement, government	5367
check, paycheck, or other government document, other than a notice	5368
of an election mailed by a board of elections under section	5369
3501.19 of the Revised Code or a notice of voter registration	5370
mailed by a board of elections under section 3503.19 of the	5371
Revised Code, that shows the name and address of the elector.	5372

The elector shall mail the identification envelope to the	5373
director from whom it was received in the return envelope, postage	5374
prepaid, or the elector may personally deliver it to the director,	5375
or the spouse of the elector, the father, mother, father-in-law,	5376
mother-in-law, grandfather, grandmother, brother, or sister of the	5377
whole or half blood, or the son, daughter, adopting parent,	5378
adopted child, stepparent, stepchild, uncle, aunt, nephew, or	5379
niece of the elector may deliver it to the director. The return	5380
envelope shall be transmitted to the director in no other manner,	5381
except as provided in section 3509.08 of the Revised Code.	5382

When absent voter's ballots are delivered to an elector at	5383
the office of the board, the elector may retire to a voting	5384
compartment provided by the board and there mark the ballots.	5385
Thereupon, the elector shall fold them, place them in the	5386
identification envelope provided, seal the envelope, fill in and	5387
sign the statement on the envelope under penalty of election	5388
falsification, and deliver the envelope to the director of the	5389
board.	5390

Except as otherwise provided in division (B) of this section,	5391
all other envelopes containing marked absent voter's ballots shall	5392
be delivered to the director not later than the close of the polls	5393
on the day of an election. Absent voter's ballots delivered to the	5394
director later than the times specified shall not be counted, but	5395
shall be kept by the board in the sealed identification envelopes	5396
in which they are delivered to the director, until the time	5397
provided by section 3505.31 of the Revised Code for the	5398
destruction of all other ballots used at the election for which	5399
ballots were provided, at which time they shall be destroyed.	5400

(B)(1) Except as otherwise provided in division (B)(2) of	5401
this section, any return envelope that is postmarked prior to the	5402
day of the election shall be delivered to the director prior to	5403
the eleventh day after the election. Ballots delivered in	5404
envelopes postmarked prior to the day of the election that are	5405
received after the close of the polls on election day through the	5406
tenth day thereafter shall be counted on the eleventh day at the	5407
board of elections in the manner provided in divisions (C) and (D)	5408
of section 3509.06 of the Revised Code. Any such ballots that are	5409
received by the director later than the tenth day following the	5410
election shall not be counted, but shall be kept by the board in	5411
the sealed identification envelopes as provided in division (A) of	5412
this section.	5413

(2) Division (B)(1) of this section shall not apply to any	5414
mail that is postmarked using a postage evidencing system,	5415
including a postage meter, as defined in 39 C.F.R. 501.1.	5416

Sec. 3509.06.  (A) The board of elections shall determine	5417
whether absent voter's ballots shall be counted in each precinct,	5418
at the office of the board, or at some other location designated	5419
by the board, and shall proceed accordingly under division (B) or	5420
(C) of this section.	5421

(B) When the board of elections determines that absent	5422
voter's ballots shall be counted in each precinct, the director	5423
shall deliver to the presiding judge of each precinct on election	5424
day identification envelopes purporting to contain absent voter's	5425
ballots of electors whose voting residence appears from the	5426
statement of voter on the outside of each of those envelopes, to	5427
be located in such presiding judge's precinct, and which were	5428
received by the director not later than the close of the polls on	5429
election day. The director shall deliver to such presiding judge a	5430
list containing the name and voting residence of each person whose	5431
voting residence is in such precinct to whom absent voter's	5432
ballots were mailed.	5433

(C) When the board of elections determines that absent	5434
voter's ballots shall be counted at the office of the board of	5435
elections or at another location designated by the board, special	5436
election judges shall be appointed by the board for that purpose	5437
having the same authority as is exercised by precinct judges. The	5438
votes so cast shall be added to the vote totals by the board, and	5439
the absent voter's ballots shall be preserved separately by the	5440
board, in the same manner and for the same length of time as	5441
provided by section 3505.31 of the Revised Code.	5442

(D) Each of the identification envelopes purporting to	5443
contain absent voter's ballots delivered to the presiding judge of	5444
the precinct or the special judge appointed by the board of	5445
elections shall be handled as follows: The election officials	5446
shall compare the signature of the elector on the outside of the	5447
identification envelope with the signature of that elector on the	5448
elector's registration form and verify that the absent voter's	5449
ballot is eligible to be counted under section 3509.07 of the	5450
Revised Code. Any of the precinct officials may challenge the	5451
right of the elector named on the identification envelope to vote	5452
the absent voter's ballots upon the ground that the signature on	5453
the envelope is not the same as the signature on the registration	5454
form, or upon any other of the grounds upon which the right of	5455
persons to vote may be lawfully challenged. If no such challenge	5456
is made, or if such a challenge is made and not sustained, the	5457
presiding judge shall open the envelope without defacing the	5458
statement of voter and without mutilating the ballots in it, and	5459
shall remove the ballots contained in it and proceed to count	5460
them.	5461

The name of each person voting who is entitled to vote only	5462
an absent voter's presidential ballot shall be entered in a	5463
pollbook or poll list or signature pollbook followed by the words	5464
"Absentee Presidential Ballot." The name of each person voting an	5465
absent voter's ballot, other than such persons entitled to vote	5466
only a presidential ballot, shall be entered in the pollbook or	5467
poll list or signature pollbook and the person's registration card	5468
marked to indicate that the person has voted.	5469

The date of such election shall also be entered on the	5470
elector's registration form. If any such challenge is made and	5471
sustained, the identification envelope of such elector shall not	5472
be opened, shall be endorsed "Not Counted" with the reasons the	5473
ballots were not counted, and shall be delivered to the board.	5474

(E) Special election judges, employees or members of the	5475
board of elections, or observers shall not disclose the count or	5476
any portion of the count of absent voter's ballots prior to the	5477
time of the closing of the polling places. No person shall	5478
recklessly disclose the count or any portion of the count of	5479
absent voter's ballots in such a manner as to jeopardize the	5480
secrecy of any individual ballot.	5481

(F) Observers may be appointed under section 3505.21 of the	5482
Revised Code to witness the examination and opening of	5483
identification envelopes and the counting of absent voters'	5484
ballots under this section.	5485

Sec. 3509.07.  If election officials find that the statement	5486
accompanying an absent voter's ballot or absent voter's	5487
presidential ballot is insufficient, that the signatures do not	5488
correspond with the person's registration signature, that the	5489
applicant is not a qualified elector in the precinct, that the	5490
ballot envelope contains more than one ballot of any one kind, or	5491
any voted ballot that the elector is not entitled to vote, that	5492
Stub A is detached from the absent voter's ballot or absent	5493
voter's presidential ballot, or that the elector has not included	5494
with the elector's ballot any identification required under	5495
section 3509.05 or 3511.09 of the Revised Code, the vote shall not	5496
be accepted or counted. The vote of any absent voter may be	5497
challenged for cause in the same manner as other votes are	5498
challenged, and the election officials shall determine the	5499
legality of that ballot. Every ballot not counted shall be	5500
endorsed on its back "Not Counted" with the reasons the ballot was	5501
not counted, and shall be enclosed and returned to or retained by	5502
the board of elections along with the contested ballots.	5503

Sec. 3509.08.  (A) Any qualified elector, who, on account of	5504
the elector's own personal illness, physical disability, or	5505
infirmity, or on account of the elector's confinement in a jail or	5506
workhouse under sentence for a misdemeanor or awaiting trial on a	5507
felony or misdemeanor, will be unable to travel from the elector's	5508
home or place of confinement to the voting booth in the elector's	5509
precinct on the day of any general, special, or primary election	5510
may make application in writing for an absent voter's ballot to	5511
the director of the board of elections of the elector's county.	5512
The application shall include all of the information required	5513
under section 3509.03 of the Revised Code and shall state the	5514
nature of the elector's illness, physical disability, or	5515
infirmity, or the fact that the elector is confined in a jail or	5516
workhouse and the elector's resultant inability to travel to the	5517
election booth in the elector's precinct on election day. The	5518
application shall not be valid if it is delivered to the director	5519
before the ninetieth day or after twelve noon of the third day	5520
before the day of the election at which the ballot is to be voted.	5521

The absent voter's ballot may be mailed directly to the	5522
applicant at the applicant's voting residence or place of	5523
confinement as stated in the applicant's application, or the board	5524
may designate two board employees belonging to the two major	5525
political parties for the purpose of delivering the ballot to the	5526
disabled or confined elector and returning it to the board, unless	5527
the applicant is confined to a public or private institution	5528
within the county, in which case the board shall designate two	5529
board employees belonging to the two major political parties for	5530
the purpose of delivering the ballot to the disabled or confined	5531
elector and returning it to the board. In all other instances, the	5532
ballot shall be returned to the office of the board in the manner	5533
prescribed in section 3509.05 of the Revised Code.	5534

Any disabled or confined elector who declares to the two	5535
board employees belonging to the two major political parties that	5536
the elector is unable to mark the elector's ballot by reason of	5537
physical infirmity that is apparent to the employees to be	5538
sufficient to incapacitate the voter from marking the elector's	5539
ballot properly, may receive, upon request, the assistance of the	5540
employees in marking the elector's ballot, and they shall	5541
thereafter give no information in regard to this matter. Such	5542
assistance shall not be rendered for any other cause.	5543

When two board employees belonging to the two major political	5544
parties deliver a ballot to a disabled or confined elector, each	5545
of the employees shall be present when the ballot is delivered,	5546
when assistance is given, and when the ballot is returned to the	5547
office of the board, and shall subscribe to the declaration on the	5548
identification envelope.	5549

The secretary of state shall prescribe the form of	5550
application for absent voter's ballots under this division.	5551

This chapter applies to disabled and confined absent voter's	5552
ballots except as otherwise provided in this section.	5553

(B)(1) Any qualified elector who is unable to travel to the	5554
voting booth in the elector's precinct on the day of any general,	5555
special, or primary election may apply to the director of the	5556
board of elections of the county where the elector is a qualified	5557
elector to vote in the election by absent voter's ballot if either	5558
of the following apply:	5559

(a) The elector is confined in a hospital as a result of an	5560
accident or unforeseeable medical emergency occurring before the	5561
election;	5562

(b) The elector's minor child is confined in a hospital as a	5563
result of an accident or unforeseeable medical emergency occurring	5564
before the election.	5565

(2) The application authorized under division (B)(1) of this	5566
section shall be made in writing, shall include all of the	5567
information required under section 3509.03 of the Revised Code,	5568
and shall be delivered to the director not later than three p.m.	5569
on the day of the election. The application shall indicate the	5570
hospital where the applicant or the applicant's child is confined,	5571
the date of the applicant's or the applicant's child's admission	5572
to the hospital, and the offices for which the applicant is	5573
qualified to vote. The applicant may also request that a member of	5574
the applicant's family, as listed in section 3509.05 of the	5575
Revised Code, deliver the absent voter's ballot to the applicant.	5576
The director, after establishing to the director's satisfaction	5577
the validity of the circumstances claimed by the applicant, shall	5578
supply an absent voter's ballot to be delivered to the applicant.	5579
When the applicant or the applicant's child is in a hospital in	5580
the county where the applicant is a qualified elector and no	5581
request is made for a member of the family to deliver the ballot,	5582
the director shall arrange for the delivery of an absent voter's	5583
ballot to the applicant, and for its return to the office of the	5584
board, by two board employees belonging to the two major political	5585
parties according to the procedures prescribed in division (A) of	5586
this section. When the applicant or the applicant's child is in a	5587
hospital outside the county where the applicant is a qualified	5588
elector and no request is made for a member of the family to	5589
deliver the ballot, the director shall arrange for the delivery of	5590
an absent voter's ballot to the applicant by mail, and the ballot	5591
shall be returned to the office of the board in the manner	5592
prescribed in section 3509.05 of the Revised Code.	5593

(3) Any qualified elector who is eligible to vote under	5594
division (B) or (C) of section 3503.16 of the Revised Code but is	5595
unable to do so because of the circumstances described in division	5596
(B)(2) of this section may vote in accordance with division (B)(1)	5597
of this section if that qualified elector states in the	5598
application for absent voter's ballots that that qualified elector	5599
moved or had a change of name under the circumstances described in	5600
division (B) or (C) of section 3503.16 of the Revised Code and if	5601
that qualified elector complies with divisions (G)(1) to (4) of	5602
section 3503.16 of the Revised Code.	5603

(C) Any qualified elector described in division (A) or (B)(1)	5604
of this section who needs no assistance to vote or to return	5605
absent voter's ballots to the board of elections may apply for	5606
absent voter's ballots under section 3509.03 of the Revised Code	5607
instead of applying for them under this section.	5608

Sec. 3509.09.  (A) The poll list or signature pollbook for	5609
each precinct shall identify each registered elector in that	5610
precinct who has requested an absent voter's ballot for that	5611
election.	5612

(B)(1) If a registered elector appears to vote in that	5613
precinct and that elector has requested an absent voter's ballot	5614
for that election but the director has not received a sealed	5615
identification envelope purporting to contain that elector's voted	5616
absent voter's ballots for that election, the elector shall be	5617
permitted to cast a provisional ballot under section 3505.181 of	5618
the Revised Code in that precinct on the day of that election.	5619

(2) If a registered elector appears to vote in that precinct	5620
and that elector has requested an absent voter's ballot for that	5621
election and the director has received a sealed identification	5622
envelope purporting to contain that elector's voted absent voter's	5623
ballots for that election, the elector shall be permitted to cast	5624
a provisional ballot under section 3505.181 of the Revised Code in	5625
that precinct on the day of that election.	5626

(C)(1) In counting absent voter's ballots under section	5627
3509.06 of the Revised Code, the board of elections shall compare	5628
the signature of each elector from whom the director has received	5629
a sealed identification envelope purporting to contain that	5630
elector's voted absent voter's ballots for that election to the	5631
signature on that elector's registration form. Except as otherwise	5632
provided in division (C)(3) of this section, if the board of	5633
elections determines that the absent voter's ballot in the sealed	5634
identification envelope is valid, it shall be counted. If the	5635
board of elections determines that the signature on the sealed	5636
identification envelope purporting to contain the elector's voted	5637
absent voter's ballot does not match the signature on the	5638
elector's registration form, the ballot shall be set aside and the	5639
board shall examine, during the time prior to the beginning of the	5640
official canvass, the poll list or signature pollbook from the	5641
precinct in which the elector is registered to vote to determine	5642
if the elector also cast a provisional ballot under section	5643
3505.181 of the Revised Code in that precinct on the day of the	5644
election.	5645

(2) The board of elections shall count the provisional	5646
ballot, instead of the absent voter's ballot, if both of the	5647
following apply:	5648

(a) The board of elections determines that the signature of	5649
the elector on the outside of the identification envelope in which	5650
the absent voter's ballots are enclosed does not match the	5651
signature of the elector on the elector's registration form;	5652

(b) The elector cast a provisional ballot in the precinct on	5653
the day of the election.	5654

(3) If the board of elections does not receive the sealed	5655
identification envelope purporting to contain the elector's voted	5656
absent voter's ballot by the applicable deadline established under	5657
section 3509.05 of the Revised Code, the provisional ballot cast	5658
under section 3505.181 of the Revised Code in that precinct on the	5659
day of the election shall be counted as valid, if that provisional	5660
ballot is otherwise determined to be valid pursuant to section	5661
3505.183 of the Revised Code.	5662

(D) If the board of elections counts a provisional ballot	5663
under division (C)(2) or (3) of this section, the returned	5664
identification envelope of that elector shall not be opened, and	5665
the ballot within that envelope shall not be counted. The	5666
identification envelope shall be endorsed "Not Counted" with the	5667
reason the ballot was not counted.	5668

Sec. 3511.02.  Notwithstanding any section of the Revised	5669
Code to the contrary, whenever any person applies for registration	5670
as a voter on a form adopted in accordance with federal	5671
regulations relating to the "Uniformed and Overseas Citizens	5672
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	5673
this application shall be sufficient for voter registration and as	5674
a request for an absent voter's ballot. Uniformed services or	5675
overseas absent voter's ballots may be obtained by any person	5676
meeting the requirements of section 3511.011 of the Revised Code	5677
by applying electronically to the secretary of state or to the	5678
board of elections of the county in which the person's voting	5679
residence is located in accordance with section 3511.021 of the	5680
Revised Code or by applying to the director of the board of	5681
elections of the county in which the person's voting residence is	5682
located, in one of the following ways:	5683

(A) That person may make written application for those	5684
ballots. The person may personally deliver the application to the	5685
director or may mail it, send it by facsimile machine, send it by	5686
electronic mail, send it through internet delivery if such	5687
delivery is offered by the board of elections or the secretary of	5688
state, or otherwise send it to the director. The application need	5689
not be in any particular form but shall contain all of the	5690
following information:	5691

(1) The elector's name;

5692

(2) The elector's signature;

5693

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

5694

(4) The elector's date of birth;

5695

(5) One of the following:

5696

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

5697

(b) The last four digits of the elector's social security	5698
number;	5699

(c) A copy of the elector's current and valid photo	5700
identification, a copy of a military identification, or a copy of	5701
a current utility bill, bank statement, government check,	5702
paycheck, or other government document, other than a notice of an	5703
election mailed by a board of elections under section 3501.19 of	5704
the Revised Code or a notice of voter registration mailed by a	5705
board of elections under section 3503.19 of the Revised Code, that	5706
shows the name and address of the elector.	5707

(6) A statement identifying the election for which absent	5708
voter's ballots are requested;	5709

(7) A statement that the person requesting the ballots is a	5710
qualified elector;	5711

(8) A statement that the elector is an absent uniformed	5712
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	5713

(9) A statement of the elector's length of residence in the	5714
state immediately preceding the commencement of service,	5715
immediately preceding the date of leaving to be with or near the	5716
service member, or immediately preceding leaving the United	5717
States, or a statement that the elector's parent or legal guardian	5718
resided in this state long enough to establish residency for	5719
voting purposes immediately preceding leaving the United States,	5720
whichever is applicable;	5721

(10) If the request is for primary election ballots, the	5722
elector's party affiliation;	5723

(11) If the elector desires ballots to be mailed to the	5724
elector, the address to which those ballots shall be mailed;	5725

(12) If the elector desires ballots to be sent to the elector	5726
by facsimile machine, the telephone number to which they shall be	5727
so sent;	5728

(13) If the elector desires ballots to be sent to the elector	5729
by electronic mail or, if offered by the board of elections or the	5730
secretary of state, through internet delivery, the elector's	5731
electronic mail address or other internet contact information.	5732

(B) A voter or any relative of a voter listed in division (C)	5733
of this section may use a single federal post card application to	5734
apply for uniformed services or overseas absent voter's ballots	5735
for use at the primary and general elections in a given year and	5736
any special election to be held on the day in that year specified	5737
by division (E) of section 3501.01 of the Revised Code for the	5738
holding of a primary election, designated by the general assembly	5739
for the purpose of submitting constitutional amendments proposed	5740
by the general assembly to the voters of the state. A single	5741
federal postcard application shall be processed by the board of	5742
elections pursuant to section 3511.04 of the Revised Code the same	5743
as if the voter had applied separately for uniformed services or	5744
overseas absent voter's ballots for each election.	5745

(C) Application to have uniformed services or overseas absent	5746
voter's ballots mailed or sent by facsimile machine to such a	5747
person may be made by the spouse, father, mother, father-in-law,	5748
mother-in-law, grandfather, grandmother, brother or sister of the	5749
whole blood or half blood, son, daughter, adopting parent, adopted	5750
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle,	5751
aunt, nephew, or niece of such a person. The application shall be	5752
in writing upon a blank form furnished only by the director or on	5753
a single federal post card as provided in division (B) of this	5754
section. The form of the application shall be prescribed by the	5755
secretary of state. The director shall furnish that blank form to	5756
any of the relatives specified in this division desiring to make	5757
the application, only upon the request of such a relative made in	5758
person at the office of the board or upon the written request of	5759
such a relative mailed to the office of the board. The	5760
application, subscribed and sworn to by the applicant, shall	5761
contain all of the following:	5762

(1) The full name of the elector for whom ballots are	5763
requested;	5764

(2) A statement that the elector is an absent uniformed	5765
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	5766

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

5767

(4) A statement identifying the elector's length of residence	5768
in the state immediately preceding the commencement of service,	5769
immediately preceding the date of leaving to be with or near a	5770
service member, or immediately preceding leaving the United	5771
States, or a statement that the elector's parent or legal guardian	5772
resided in this state long enough to establish residency for	5773
voting purposes immediately preceding leaving the United States,	5774
as the case may be;	5775

(5) The elector's date of birth;

5776

(6) One of the following:

5777

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

5778

(b) The last four digits of the elector's social security	5779
number;	5780

(c) A copy of the elector's current and valid photo	5781
identification, a copy of a military identification, or a copy of	5782
a current utility bill, bank statement, government check,	5783
paycheck, or other government document, other than a notice of an	5784
election mailed by a board of elections under section 3501.19 of	5785
the Revised Code or a notice of voter registration mailed by a	5786
board of elections under section 3503.19 of the Revised Code, that	5787
shows the name and address of the elector.	5788

(7) A statement identifying the election for which absent	5789
voter's ballots are requested;	5790

(8) A statement that the person requesting the ballots is a	5791
qualified elector;	5792

(9) If the request is for primary election ballots, the	5793
elector's party affiliation;	5794

(10) A statement that the applicant bears a relationship to	5795
the elector as specified in division (C) of this section;	5796

(11) The address to which ballots shall be mailed, the	5797
telephone number to which ballots shall be sent by facsimile	5798
machine, the electronic mail address to which ballots shall be	5799
sent by electronic mail, or, if internet delivery is offered by	5800
the board of elections or the secretary of state, the internet	5801
contact information to which ballots shall be sent through	5802
internet delivery;	5803

(12) The signature and address of the person making the	5804
application.	5805

Each application for uniformed services or overseas absent	5806
voter's ballots shall be delivered to the director not earlier	5807
than the first day of January of the year of the elections for	5808
which the uniformed services or overseas absent voter's ballots	5809
are requested or not earlier than ninety days before the day of	5810
the election at which the ballots are to be voted, whichever is	5811
earlier, and not later than twelve noon of the third day preceding	5812
the day of the election, or not later than six p.m. on the last	5813
Friday before the day of the election at which those ballots are	5814
to be voted if the application is delivered in person to the	5815
office of the board.	5816

(D) If the voter for whom the application is made is entitled	5817
to vote for presidential and vice-presidential electors only, the	5818
applicant shall submit to the director in addition to the	5819
requirements of divisions (A), (B), and (C) of this section, a	5820
statement to the effect that the voter is qualified to vote for	5821
presidential and vice-presidential electors and for no other	5822
offices.	5823

Sec. 3511.04.  (A) If a director of a board of elections	5824
receives an application for uniformed services or overseas absent	5825
voter's ballots that does not contain all of the required	5826
information, the director promptly shall notify the applicant of	5827
the additional information required to be provided by the	5828
applicant to complete that application.	5829

(B) Not later than the forty-fifth day before the day of each	5830
general or primary election, and at the earliest possible time	5831
before the day of a special election held on a day other than the	5832
day on which a general or primary election is held, the director	5833
of the board of elections shall mail, send by facsimile machine,	5834
send by electronic mail, send through internet delivery if such	5835
delivery is offered by the board of elections or the secretary of	5836
state, or otherwise send uniformed services or overseas absent	5837
voter's ballots then ready for use as provided for in section	5838
3511.03 of the Revised Code and for which the director has	5839
received valid applications prior to that time. Thereafter, and	5840
until twelve noon of the third day preceding the day of election,	5841
the director shall promptly, upon receipt of valid applications	5842
for them, mail, send by facsimile machine, send by electronic	5843
mail, send through internet delivery if such delivery is offered	5844
by the board of elections or the secretary of state, or otherwise	5845
send to the proper persons all uniformed services or overseas	5846
absent voter's ballots then ready for use.	5847

If, after the seventieth day before the day of a general or	5848
primary election, any other question, issue, or candidacy is	5849
lawfully ordered submitted to the electors voting at the general	5850
or primary election, the board shall promptly provide a separate	5851
official issue, special election, or other election ballot for	5852
submitting the question, issue, or candidacy to those electors,	5853
and the director shall promptly mail, send by facsimile machine,	5854
send by electronic mail, send through internet delivery if such	5855
delivery is offered by the board of elections or the secretary of	5856
state, or otherwise send each such separate ballot to each person	5857
to whom the director has previously mailed or sent other uniformed	5858
services or overseas absent voter's ballots.	5859

In mailing uniformed services or overseas absent voter's	5860
ballots, the director shall use the fastest mail service	5861
available, but the director shall not mail them by certified mail.	5862

Sec. 3511.05.  (A) The director of the board of elections	5863
shall place uniformed services or overseas absent voter's ballots	5864
sent by mail in an unsealed identification envelope, gummed ready	5865
for sealing. The director shall include with uniformed services or	5866
overseas absent voter's ballots sent electronically, including by	5867
facsimile machine, an instruction sheet for preparing a gummed	5868
envelope in which the ballots shall be returned. The envelope for	5869
returning ballots sent by either means shall have printed or	5870
written on its face a form substantially as follows:	5871

"Identification Envelope Statement of Voter	5872

I, ........................(Name of voter), declare under	5873
penalty of election falsification that the within ballot or	5874
ballots contained no voting marks of any kind when I received	5875
them, and I caused the ballot or ballots to be marked, enclosed in	5876
the identification envelope, and sealed in that envelope.	5877

My voting residence in Ohio is

5878

...................................................................	5879

(Street and Number, if any, or Rural Route and Number)	5880

of ................................ (City, Village, or Township)	5881
Ohio, which is in Ward ............... Precinct ................	5882
in that city, village, or township.	5883

The primary election ballots, if any, within this envelope	5884
are primary election ballots of the ............. Party.	5885

Ballots contained within this envelope are to be voted at the	5886
.......... (general, special, or primary) election to be held on	5887
the .......................... day of ......................, ....	5888

My date of birth is ............... (Month and Day),	5889
.......... (Year).	5890

(Voter must provide one of the following:)

5891

My driver's license number is ............... (Driver's	5892
license number).	5893

The last four digits of my Social Security Number are	5894
............... (Last four digits of Social Security Number).	5895

...... In lieu of providing a driver's license number or the	5896
last four digits of my Social Security Number, I am enclosing a	5897
copy of one of the following in the return envelope in which this	5898
identification envelope will be mailed: a current and valid photo	5899
identification, a military identification, or a current utility	5900
bill, bank statement, government check, paycheck, or other	5901
government document, other than a notice of an election mailed by	5902
a board of elections under section 3501.19 of the Revised Code or	5903
a notice of voter registration mailed by a board of elections,	5904
that shows my name and address.	5905

I hereby declare, under penalty of election falsification,	5906
that the statements above are true, as I verily believe.	5907

			5908
	(Signature of Voter)		5909

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	5910
THE FIFTH DEGREE."	5911

(B) The director shall also mail with the ballots and the	5912
unsealed identification envelope sent by mail an unsealed return	5913
envelope, gummed, ready for sealing, for use by the voter in	5914
returning the voter's marked ballots to the director. The director	5915
shall send with the ballots and the instruction sheet for	5916
preparing a gummed envelope sent electronically, including by	5917
facsimile machine, an instruction sheet for preparing a second	5918
gummed envelope as described in this division, for use by the	5919
voter in returning that voter's marked ballots to the director.	5920
The return envelope shall have two parallel lines, each one	5921
quarter of an inch in width, printed across its face paralleling	5922
the top, with an intervening space of one quarter of an inch	5923
between such lines. The top line shall be one and one-quarter	5924
inches from the top of the envelope. Between the parallel lines	5925
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR	5926
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	5927
lines shall be printed in the upper left corner on the face of the	5928
envelope for the use by the voter in placing the voter's complete	5929
military, naval, or mailing address on these lines, and beneath	5930
these lines there shall be printed a box beside the words "check	5931
if out-of-country." The voter shall check this box if the voter	5932
will be outside the United States on the day of the election. The	5933
official title and the post-office address of the director to whom	5934
the envelope shall be returned shall be printed on the face of	5935
such envelope in the lower right portion below the bottom parallel	5936
line.	5937

(C) On the back of each identification envelope and each	5938
return envelope shall be printed the following:	5939

"Instructions to voter:	5940

If the flap on this envelope is so firmly stuck to the back	5941
of the envelope when received by you as to require forcible	5942
opening in order to use it, open the envelope in the manner least	5943
injurious to it, and, after marking your ballots and enclosing	5944
same in the envelope for mailing them to the director of the board	5945
of elections, reclose the envelope in the most practicable way, by	5946
sealing or otherwise, and sign the blank form printed below.	5947

The flap on this envelope was firmly stuck to the back of the	5948
envelope when received, and required forced opening before sealing	5949
and mailing.	5950

			5951
	(Signature of voter)"		5952

(D) Division (C) of this section does not apply when absent	5953
voter's ballots are sent electronically, including by facsimile	5954
machine.	5955

Sec. 3511.06.  The return envelope provided for in section	5956
3511.05 of the Revised Code shall be of such size that the	5957
identification envelope can be conveniently placed within it for	5958
returning the identification envelope to the director. The	5959
envelope in which the two envelopes and the uniformed services or	5960
overseas absent voter's ballots are mailed to the elector shall	5961
have two parallel lines, each one quarter of an inch in width,	5962
printed across its face, paralleling the top, with an intervening	5963
space of one-quarter of an inch between such lines. The top line	5964
shall be one and one-quarter inches from the top of the envelope.	5965
Between the parallel lines shall be printed: "official uniformed	5966
services or overseas absent voter's balloting material--via air	5967
mail." The appropriate return address of the director of the board	5968
of elections shall be printed in the upper left corner on the face	5969
of such envelope. Several blank lines shall be printed on the face	5970
of such envelope in the lower right portion, below the bottom	5971
parallel line, for writing in the name and address of the elector	5972
to whom such envelope is mailed.	5973

Sec. 3511.07.  When mailing unsealed identification envelopes	5974
and unsealed return envelopes to persons, the director of the	5975
board of elections shall insert a sheet of waxed paper or other	5976
appropriate insert between the gummed flap and the back of each of	5977
such envelopes to minimize the possibility that the flap may	5978
become firmly stuck to the back of the envelope by reason of	5979
moisture, humid atmosphere, or other conditions to which they may	5980
be subjected. If the flap on either of such envelopes should be so	5981
firmly stuck to the back of the envelope when it is received by	5982
the voter as to require forcible opening of the envelope in order	5983
to use it, the voter shall open such envelope in the manner least	5984
injurious to it, and, after marking his ballots and enclosing them	5985
in the envelope for mailing to the director, he shall reclose such	5986
envelope in the most practicable way, by sealing it or otherwise,	5987
and shall sign the blank form printed on the back of such	5988
envelope.	5989

Sec. 3511.08.  The director of the board of elections shall	5990
keep a record of the name and address of each person to whom the	5991
director mails or delivers uniformed services or overseas absent	5992
voter's ballots, the kinds of ballots so mailed or delivered, and	5993
the name and address of the person who made the application for	5994
such ballots. After the director has mailed or delivered such	5995
ballots the director shall not mail or deliver additional ballots	5996
of the same kind to such person pursuant to a subsequent request	5997
unless such subsequent request contains the statement that an	5998
earlier request had been sent to the director prior to the	5999
thirtieth day before the election and that the uniformed services	6000
or overseas absent voter's ballots so requested had not been	6001
received by such person prior to the fifteenth day before the	6002
election, and provided that the director has not received an	6003
identification envelope purporting to contain marked uniformed	6004
services or overseas absent voter's ballots from such person.	6005

Sec. 3511.09.  Upon receiving uniformed services or overseas	6006
absent voter's ballots, the elector shall cause the questions on	6007
the face of the identification envelope to be answered, and, by	6008
writing the elector's usual signature in the proper place on the	6009
identification envelope, the elector shall declare under penalty	6010
of election falsification that the answers to those questions are	6011
true and correct to the best of the elector's knowledge and	6012
belief. Then, the elector shall note whether there are any voting	6013
marks on the ballot. If there are any voting marks, the ballot	6014
shall be returned immediately to the board of elections;	6015
otherwise, the elector shall cause the ballot to be marked, folded	6016
separately so as to conceal the markings on it, deposited in the	6017
identification envelope, and securely sealed in the identification	6018
envelope. The elector then shall cause the identification envelope	6019
to be placed within the return envelope, sealed in the return	6020
envelope, and mailed to the director of the board of elections to	6021
whom it is addressed. The ballot shall be submitted for mailing	6022
not later than 12:01 a.m. at the place where the voter completes	6023
the ballot, on the date of the election. If the elector does not	6024
provide the elector's driver's license number or the last four	6025
digits of the elector's social security number on the statement of	6026
voter on the identification envelope, the elector also shall	6027
include in the return envelope with the identification envelope a	6028
copy of the elector's current valid photo identification, a copy	6029
of a military identification, or a copy of a current utility bill,	6030
bank statement, government check, paycheck, or other government	6031
document, other than a notice of an election mailed by a board of	6032
elections under section 3501.19 of the Revised Code or a notice of	6033
voter registration mailed by a board of elections under section	6034
3503.19 of the Revised Code, that shows the name and address of	6035
the elector. Each elector who will be outside the United States on	6036
the day of the election shall check the box on the return envelope	6037
indicating this fact and shall mail the return envelope to the	6038
director prior to the close of the polls on election day.	6039

Every uniformed services or overseas absent voter's ballot	6040
identification envelope shall be accompanied by the following	6041
statement in boldface capital letters: WHOEVER COMMITS ELECTION	6042
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	6043

Sec. 3511.10.  If, after the thirty-fifth day and before the	6044
close of the polls on the day of a general or primary election, a	6045
valid application for uniformed services or overseas absent	6046
voter's ballots is delivered to the director of the board of	6047
elections at the office of the board by a person making the	6048
application on the person's own behalf, the director shall	6049
forthwith deliver to the person all uniformed services or overseas	6050
absent voter's ballots then ready for use, together with an	6051
identification envelope. The person shall then immediately retire	6052
to a voting booth in the office of the board, and mark the	6053
ballots. The person shall then fold each ballot separately so as	6054
to conceal the person's markings thereon, and deposit all of the	6055
ballots in the identification envelope and securely seal it.	6056
Thereupon the person shall fill in answers to the questions on the	6057
face of the identification envelope, and by writing the person's	6058
usual signature in the proper place thereon, the person shall	6059
declare under penalty of election falsification that the answers	6060
to those questions are true and correct to the best of that	6061
person's knowledge and belief. The person shall then deliver the	6062
identification envelope to the director. If thereafter, and before	6063
the third day preceding such election, the board provides	6064
additional separate official issue or special election ballots, as	6065
provided for in section 3511.04 of the Revised Code, the director	6066
shall promptly, and not later than twelve noon of the third day	6067
preceding the day of election, mail such additional ballots to	6068
such person at the address specified by that person for that	6069
purpose.	6070

In the event any person serving in the armed forces of the	6071
United States is discharged after the closing date of	6072
registration, and that person or that person's spouse, or both,	6073
meets all the other qualifications set forth in section 3511.011	6074
of the Revised Code, the person or spouse shall be permitted to	6075
vote prior to the date of the election in the office of the board	6076
in the person's or spouse's county, as set forth in this section.	6077

Sec. 3511.11.  (A) Upon receipt of any return envelope	6078
bearing the designation "Official Election Uniformed Services or	6079
Overseas Absent Voter's Ballot" prior to the eleventh day after	6080
the day of any election, the director of the board of elections	6081
shall open it but shall not open the identification envelope	6082
contained in it. If, upon so opening the return envelope, the	6083
director finds ballots in it that are not enclosed in and properly	6084
sealed in the identification envelope, the director shall not look	6085
at the markings upon the ballots and shall promptly place them in	6086
the identification envelope and promptly seal it. If, upon so	6087
opening the return envelope, the director finds that ballots are	6088
enclosed in the identification envelope but that it is not	6089
properly sealed, the director shall not look at the markings upon	6090
the ballots and shall promptly seal the identification envelope.	6091

(B) Uniformed services or overseas absent voter's ballots	6092
delivered to the director not later than the close of the polls on	6093
election day shall be counted in the manner provided in section	6094
3509.06 of the Revised Code.	6095

(C) A return envelope is not required to be postmarked in	6096
order for a uniformed services or overseas absent voter's ballot	6097
contained in it to be valid. Except as otherwise provided in this	6098
division, whether or not the return envelope containing the ballot	6099
is postmarked, contains a late postmark, or contains an illegible	6100
postmark, a uniformed services or overseas absent voter's ballot	6101
that is received after the close of the polls on election day	6102
through the tenth day after the election day shall be counted on	6103
the eleventh day after the election day at the office of the board	6104
of elections in the manner provided in divisions (C) and (D) of	6105
section 3509.06 of the Revised Code, if the voter signed the	6106
identification envelope by the time specified in section 3511.09	6107
of the Revised Code. However, if a return envelope containing a	6108
uniformed services or overseas absent voter's ballot is so	6109
received and so indicates, but the identification envelope in it	6110
is signed after the close of the polls on election day, the	6111
uniformed services or overseas absent voter's ballot shall not be	6112
counted.	6113

(D) The following types of uniformed services or overseas	6114
absent voter's ballots shall not be counted:	6115

(1) Uniformed services or overseas absent voter's ballots	6116
contained in return envelopes that bear the designation "Official	6117
Election Uniformed Services or Overseas Absent Voter's Ballots,"	6118
that are received by the director after the close of the polls on	6119
the day of the election, and that contain an identification	6120
envelope that is signed after the time specified in section	6121
3511.09 of the Revised Code;	6122

(2) Uniformed services or overseas absent voter's ballots	6123
contained in return envelopes that bear that designation and that	6124
are received after the tenth day following the election.	6125

The uncounted ballots shall be preserved in their	6126
identification envelopes unopened until the time provided by	6127
section 3505.31 of the Revised Code for the destruction of all	6128
other ballots used at the election for which ballots were	6129
provided, at which time they shall be destroyed.	6130

Sec. 3511.13. (A) The poll list or signature pollbook for	6131
each precinct shall identify each registered elector in that	6132
precinct who has requested a uniformed services or overseas absent	6133
voter's ballot for that election.	6134

(B)(1) If a registered elector appears to vote in that	6135
precinct and that elector has requested a uniformed services or	6136
overseas absent voter's ballot for that election but the director	6137
has not received a sealed identification envelope purporting to	6138
contain that elector's voted uniformed services or overseas absent	6139
voter's ballots for that election, the elector shall be permitted	6140
to cast a provisional ballot under section 3505.181 of the Revised	6141
Code in that precinct on the day of that election.	6142

(2) If a registered elector appears to vote in that precinct	6143
and that elector has requested a uniformed services or overseas	6144
absent voter's ballot for that election and the director has	6145
received a sealed identification envelope purporting to contain	6146
that elector's voted uniformed services or overseas absent voter's	6147
ballots for that election, the elector shall be permitted to cast	6148
a provisional ballot under section 3505.181 of the Revised Code in	6149
that precinct on the day of that election.	6150

(C)(1) In counting uniformed services or overseas absent	6151
voter's ballots under section 3511.11 of the Revised Code, the	6152
board of elections shall compare the signature of each elector	6153
from whom the director has received a sealed identification	6154
envelope purporting to contain that elector's voted uniformed	6155
services or overseas absent voter's ballots for that election to	6156
the signature on the elector's registration form. Except as	6157
otherwise provided in division (C)(3) of this section, if the	6158
board of elections determines that the uniformed services or	6159
overseas absent voter's ballot in the sealed identification	6160
envelope is valid, it shall be counted. If the board of elections	6161
determines that the signature on the sealed identification	6162
envelope purporting to contain the elector's voted uniformed	6163
services or overseas absent voter's ballot does not match the	6164
signature on the elector's registration form, the ballot shall be	6165
set aside and the board shall examine, during the time prior to	6166
the beginning of the official canvass, the poll list or signature	6167
pollbook from the precinct in which the elector is registered to	6168
vote to determine if the elector also cast a provisional ballot	6169
under section 3505.181 of the Revised Code in that precinct on the	6170
day of the election.	6171

(2) The board of elections shall count the provisional	6172
ballot, instead of the uniformed services or overseas absent	6173
voter's ballot, of an elector from whom the director has received	6174
an identification envelope purporting to contain that elector's	6175
voted uniformed services or overseas absent voter's ballots, if	6176
both of the following apply:	6177

(a) The board of elections determines that the signature of	6178
the elector on the outside of the identification envelope in which	6179
the uniformed services or overseas absent voter's ballots are	6180
enclosed does not match the signature of the elector on the	6181
elector's registration form;	6182

(b) The elector cast a provisional ballot in the precinct on	6183
the day of the election.	6184

(3) If the board of elections does not receive the sealed	6185
identification envelope purporting to contain the elector's voted	6186
uniformed services or overseas absent voter's ballot by the	6187
applicable deadline established under section 3511.11 of the	6188
Revised Code, the provisional ballot cast under section 3505.181	6189
of the Revised Code in that precinct on the day of the election	6190
shall be counted as valid, if that provisional ballot is otherwise	6191
determined to be valid pursuant to section 3505.183 of the Revised	6192
Code.	6193

(D) If the board of elections counts a provisional ballot	6194
under division (C)(2) or (3) of this section, the returned	6195
identification envelope of that elector shall not be opened, and	6196
the ballot within that envelope shall not be counted. The	6197
identification envelope shall be endorsed "Not Counted" with the	6198
reason the ballot was not counted.	6199

Sec. 3511.14. (A) A board of elections shall accept and	6200
process federal write-in absentee ballots for all elections for	6201
office and for all ballot questions and issues as required under	6202
"The Uniformed and Overseas Citizens Absentee Voting Act," Pub. L.	6203
No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.	6204

(B) A uniformed services or overseas voter may use the	6205
declaration accompanying a federal write-in absentee ballot to	6206
apply to register to vote simultaneously with the submission of	6207
the federal write-in absentee ballot, if the declaration is	6208
received not later than thirty days before the day of the	6209
election. If the declaration is received after that date, the	6210
declaration shall be considered an application to register to vote	6211
for all subsequent elections.	6212

Sec. 3513.02.  If, in any odd-numbered year, no valid	6213
declaration of candidacy is filed for nomination as a candidate of	6214
a political party for election to any of the offices to be voted	6215
for at the general election to be held in such year, or if the	6216
number of persons filing such declarations of candidacy for	6217
nominations as candidates of one political party for election to	6218
such offices does not exceed, as to any such office, the number of	6219
candidates which such political party is entitled to nominate as	6220
its candidates for election to such office, then no primary	6221
election shall be held for the purpose of nominating party	6222
candidates of such party for election to offices to be voted for	6223
at such general election and no primary ballots shall be provided	6224
for such party. If, however, the only office for which there are	6225
more valid declarations of candidacy filed than the number to be	6226
nominated by a political party, is the office of councilperson in	6227
a ward, a primary election shall be held for such party only in	6228
the ward or wards in which there is a contest, and only the names	6229
of the candidates for the office of councilperson in such ward	6230
shall appear on the primary ballot of such political party.	6231

The election officials whose duty it would have been to	6232
provide for and conduct the holding of such primary election,	6233
declare the results thereof, and issue certificates of nomination	6234
to the persons entitled thereto if such primary election had been	6235
held shall declare each of such persons to be nominated as of the	6236
date of the ninetieth day before the primary election, issue	6237
appropriate certificates of nomination to each of them, and	6238
certify their names to the proper election officials, in order	6239
that their names may be printed on the official ballots provided	6240
for use in the succeeding general election in the same manner as	6241
though such primary election had been held and such persons had	6242
been nominated at such election.	6243

Sec. 3513.05.  Each person desiring to become a candidate for	6244
a party nomination or for election to an office or position to be	6245
voted for at a primary election, except persons desiring to become	6246
joint candidates for the offices of governor and lieutenant	6247
governor and except as otherwise provided in section 3513.051 of	6248
the Revised Code, shall, not later than four p.m. of the ninetieth	6249
day before the day of the primary election, file a declaration of	6250
candidacy and petition and pay the fees required under divisions	6251
(A) and (B) of section 3513.10 of the Revised Code. The	6252
declaration of candidacy and all separate petition papers shall be	6253
filed at the same time as one instrument. When the offices are to	6254
be voted for at a primary election, persons desiring to become	6255
joint candidates for the offices of governor and lieutenant	6256
governor shall, not later than four p.m. of the ninetieth day	6257
before the day of the primary election, comply with section	6258
3513.04 of the Revised Code. The prospective joint candidates'	6259
declaration of candidacy and all separate petition papers of	6260
candidacies shall be filed at the same time as one instrument. The	6261
secretary of state or a board of elections shall not accept for	6262
filing a declaration of candidacy and petition of a person seeking	6263
to become a candidate if that person, for the same election, has	6264
already filed a declaration of candidacy or a declaration of	6265
intent to be a write-in candidate, or has become a candidate by	6266
the filling of a vacancy under section 3513.30 of the Revised Code	6267
for any federal, state, or county office, if the declaration of	6268
candidacy is for a state or county office, or for any municipal or	6269
township office, if the declaration of candidacy is for a	6270
municipal or township office.	6271

If the declaration of candidacy declares a candidacy which is	6272
to be submitted to electors throughout the entire state, the	6273
petition, including a petition for joint candidates for the	6274
offices of governor and lieutenant governor, shall be signed by at	6275
least one thousand qualified electors who are members of the same	6276
political party as the candidate or joint candidates, and the	6277
declaration of candidacy and petition shall be filed with the	6278
secretary of state; provided that the secretary of state shall not	6279
accept or file any such petition appearing on its face to contain	6280
signatures of more than three thousand electors.	6281

Except as otherwise provided in this paragraph, if the	6282
declaration of candidacy is of one that is to be submitted only to	6283
electors within a district, political subdivision, or portion	6284
thereof, the petition shall be signed by not less than fifty	6285
qualified electors who are members of the same political party as	6286
the political party of which the candidate is a member. If the	6287
declaration of candidacy is for party nomination as a candidate	6288
for member of the legislative authority of a municipal corporation	6289
elected by ward, the petition shall be signed by not less than	6290
twenty-five qualified electors who are members of the political	6291
party of which the candidate is a member.	6292

No such petition, except the petition for a candidacy that is	6293
to be submitted to electors throughout the entire state, shall be	6294
accepted for filing if it appears to contain on its face	6295
signatures of more than three times the minimum number of	6296
signatures. When a petition of a candidate has been accepted for	6297
filing by a board of elections, the petition shall not be deemed	6298
invalid if, upon verification of signatures contained in the	6299
petition, the board of elections finds the number of signatures	6300
accepted exceeds three times the minimum number of signatures	6301
required. A board of elections may discontinue verifying	6302
signatures on petitions when the number of verified signatures	6303
equals the minimum required number of qualified signatures.	6304

If the declaration of candidacy declares a candidacy for	6305
party nomination or for election as a candidate of an intermediate	6306
or minor party, the minimum number of signatures on such petition	6307
is one-half the minimum number provided in this section, except	6308
that, when the candidacy is one for election as a member of the	6309
state central committee or the county central committee of a	6310
political party, the minimum number shall be the same for an	6311
intermediate or minor party as for a major party.	6312

If a declaration of candidacy is one for election as a member	6313
of the state central committee or the county central committee of	6314
a political party, the petition shall be signed by five qualified	6315
electors of the district, county, ward, township, or precinct	6316
within which electors may vote for such candidate. The electors	6317
signing such petition shall be members of the same political party	6318
as the political party of which the candidate is a member.	6319

For purposes of signing or circulating a petition of	6320
candidacy for party nomination or election, an elector is	6321
considered to be a member of a political party if the elector	6322
voted in that party's primary election within the preceding two	6323
calendar years, or if the elector did not vote in any other	6324
party's primary election within the preceding two calendar years.	6325

If the declaration of candidacy is of one that is to be	6326
submitted only to electors within a county, or within a district	6327
or subdivision or part thereof smaller than a county, the petition	6328
shall be filed with the board of elections of the county. If the	6329
declaration of candidacy is of one that is to be submitted only to	6330
electors of a district or subdivision or part thereof that is	6331
situated in more than one county, the petition shall be filed with	6332
the board of elections of the county within which the major	6333
portion of the population thereof, as ascertained by the next	6334
preceding federal census, is located.	6335

A petition shall consist of separate petition papers, each of	6336
which shall contain signatures of electors of only one county.	6337
Petitions or separate petition papers containing signatures of	6338
electors of more than one county shall not thereby be declared	6339
invalid. In case petitions or separate petition papers containing	6340
signatures of electors of more than one county are filed, the	6341
board shall determine the county from which the majority of	6342
signatures came, and only signatures from such county shall be	6343
counted. Signatures from any other county shall be invalid.	6344

Each separate petition paper shall be circulated by one	6345
person only, who shall be the candidate or a joint candidate or a	6346
member of the same political party as the candidate or joint	6347
candidates, and each separate petition paper shall be governed by	6348
the rules set forth in section 3501.38 of the Revised Code.	6349

The secretary of state shall promptly transmit to each board	6350
such separate petition papers of each petition accompanying a	6351
declaration of candidacy filed with the secretary of state as	6352
purport to contain signatures of electors of the county of such	6353
board. The board of the most populous county of a district shall	6354
promptly transmit to each board within such district such separate	6355
petition papers of each petition accompanying a declaration of	6356
candidacy filed with it as purport to contain signatures of	6357
electors of the county of each such board. The board of a county	6358
within which the major portion of the population of a subdivision,	6359
situated in more than one county, is located, shall promptly	6360
transmit to the board of each other county within which a portion	6361
of such subdivision is located such separate petition papers of	6362
each petition accompanying a declaration of candidacy filed with	6363
it as purport to contain signatures of electors of the portion of	6364
such subdivision in the county of each such board.	6365

All petition papers so transmitted to a board and all	6366
petitions accompanying declarations of candidacy filed with a	6367
board shall, under proper regulations, be open to public	6368
inspection until four p.m. of the eightieth day before the day of	6369
the next primary election. Each board shall, not later than the	6370
seventy-eighth day before the day of that primary election,	6371
examine and determine the validity or invalidity of the signatures	6372
on the petition papers so transmitted to or filed with it and	6373
shall return to the secretary of state all petition papers	6374
transmitted to it by the secretary of state, together with its	6375
certification of its determination as to the validity or	6376
invalidity of signatures thereon, and shall return to each other	6377
board all petition papers transmitted to it by such board,	6378
together with its certification of its determination as to the	6379
validity or invalidity of the signatures thereon. All other	6380
matters affecting the validity or invalidity of such petition	6381
papers shall be determined by the secretary of state or the board	6382
with whom such petition papers were filed.	6383

Protests against the candidacy of any person filing a	6384
declaration of candidacy for party nomination or for election to	6385
an office or position, as provided in this section, may be filed	6386
by any qualified elector who is a member of the same political	6387
party as the candidate and who is eligible to vote at the primary	6388
election for the candidate whose declaration of candidacy the	6389
elector objects to, or by the controlling committee of that	6390
political party. The protest shall be in writing, and shall be	6391
filed not later than four p.m. of the seventy-fourth day before	6392
the day of the primary election. The protest shall be filed with	6393
the election officials with whom the declaration of candidacy and	6394
petition was filed. Upon the filing of the protest, the election	6395
officials with whom it is filed shall promptly fix the time for	6396
hearing it, and shall forthwith mail notice of the filing of the	6397
protest and the time fixed for hearing to the person whose	6398
candidacy is so protested. They shall also forthwith mail notice	6399
of the time fixed for such hearing to the person who filed the	6400
protest. At the time fixed, such election officials shall hear the	6401
protest and determine the validity or invalidity of the	6402
declaration of candidacy and petition. If they find that such	6403
candidate is not an elector of the state, district, county, or	6404
political subdivision in which the candidate seeks a party	6405
nomination or election to an office or position, or has not fully	6406
complied with this chapter, the candidate's declaration of	6407
candidacy and petition shall be determined to be invalid and shall	6408
be rejected; otherwise, it shall be determined to be valid. That	6409
determination shall be final.	6410

A protest against the candidacy of any persons filing a	6411
declaration of candidacy for joint party nomination to the offices	6412
of governor and lieutenant governor shall be filed, heard, and	6413
determined in the same manner as a protest against the candidacy	6414
of any person filing a declaration of candidacy singly.	6415

The secretary of state shall, on the seventieth day before	6416
the day of a primary election, certify to each board in the state	6417
the forms of the official ballots to be used at the primary	6418
election, together with the names of the candidates to be printed	6419
on the ballots whose nomination or election is to be determined by	6420
electors throughout the entire state and who filed valid	6421
declarations of candidacy and petitions.	6422

The board of the most populous county in a district comprised	6423
of more than one county but less than all of the counties of the	6424
state shall, on the seventieth day before the day of a primary	6425
election, certify to the board of each county in the district the	6426
names of the candidates to be printed on the official ballots to	6427
be used at the primary election, whose nomination or election is	6428
to be determined only by electors within the district and who	6429
filed valid declarations of candidacy and petitions.	6430

The board of a county within which the major portion of the	6431
population of a subdivision smaller than the county and situated	6432
in more than one county is located shall, on the seventieth day	6433
before the day of a primary election, certify to the board of each	6434
county in which a portion of that subdivision is located the names	6435
of the candidates to be printed on the official ballots to be used	6436
at the primary election, whose nomination or election is to be	6437
determined only by electors within that subdivision and who filed	6438
valid declarations of candidacy and petitions.	6439

Sec. 3513.12.  At a presidential primary election, which	6440
shall be held on the first Tuesday after the first Monday in March	6441
in the year 2000, and similarly in every fourth year thereafter,	6442
delegates and alternates to the national conventions of the	6443
different major political parties shall be chosen by direct vote	6444
of the electors as provided in this chapter. Candidates for	6445
delegate and alternate shall be qualified and the election shall	6446
be conducted in the manner prescribed in this chapter for the	6447
nomination of candidates for state and district offices, except as	6448
provided in section 3513.151 of the Revised Code and except that	6449
whenever any group of candidates for delegate at large or	6450
alternate at large, or any group of candidates for delegates or	6451
alternates from districts, file with the secretary of state	6452
statements as provided by this section, designating the same	6453
persons as their first and second choices for president of the	6454
United States, such a group of candidates may submit a group	6455
petition containing a declaration of candidacy for each of such	6456
candidates. The group petition need be signed only by the number	6457
of electors required for the petition of a single candidate. No	6458
group petition shall be submitted except by a group of candidates	6459
equal in number to the whole number of delegates at large or	6460
alternates at large to be elected or equal in number to the whole	6461
number of delegates or alternates from a district to be elected.	6462

Each person seeking to be elected as delegate or alternate to	6463
the national convention of the person's political party shall file	6464
with the person's declaration of candidacy and certificate a	6465
statement in writing signed by the person in which the person	6466
shall state the person's first and second choices for nomination	6467
as the candidate of the person's party for the presidency of the	6468
United States. The secretary of state shall not permit any	6469
declaration of candidacy and certificate of a candidate for	6470
election as such delegate or alternate to be filed unless	6471
accompanied by such statement in writing. The name of a candidate	6472
for the presidency shall not be so used without the candidate's	6473
written consent.	6474

A person who is a first choice for president of candidates	6475
seeking election as delegates and alternates shall file with the	6476
secretary of state, prior to the day of the election, a list	6477
indicating the order in which certificates of election are to be	6478
issued to delegate or alternate candidates to whose candidacy the	6479
person has consented, if fewer than all of such candidates are	6480
entitled under party rules to be certified as elected. Each	6481
candidate for election as such delegate or alternate may also file	6482
along with the candidate's declaration of candidacy and	6483
certificate a statement in writing signed by the candidate in the	6484
following form:	6485

"Statement of Candidate	6486

For Election as ............ (Delegate) (Alternate) to the	6487

............ (name of political party) National Convention	6488

I hereby declare to the voters of my political party in the	6489
State of Ohio that, if elected as ............ (delegate)	6490
(alternate) to their national party convention, I shall, to the	6491
best of my judgment and ability, support that candidate for	6492
President of the United States who shall have been selected at	6493
this primary by the voters of my party in the manner provided in	6494
Chapter 3513. of the Ohio Revised Code, as their candidate for	6495
such office.	6496

	........................... (name,)		6497
	Candidate for .............		6498
	(Delegate) (Alternate)"		6499

The procedures for the selection of candidates for delegate	6500
and alternate to the national convention of a political party set	6501
forth in this section and in section 3513.121 of the Revised Code	6502
are alternative procedures, and if the procedures of this section	6503
are followed, the procedures of section 3513.121 of the Revised	6504
Code need not be followed.	6505

Sec. 3513.131.  In the event two or more persons with	6506
identical surnames run for the same office in a primary election	6507
on the same ballot, the names of the candidates shall be	6508
differentiated on the ballot by varying combinations of first and	6509
middle names and initials. Within twenty-four hours after the	6510
final date for filing declarations of candidacy or petitions for	6511
candidacy, the director of the board of elections for local,	6512
municipal, county, general, or special elections, or the director	6513
of the board of elections of the most populous county for	6514
district, general, or special elections, or the secretary of state	6515
for state-wide general and special elections shall notify the	6516
persons with identical given names and surnames that the names of	6517
such persons will be differentiated on the ballot. If one of the	6518
candidates is an incumbent who is a candidate to succeed himself	6519
for the office he occupies, he shall have first choice of the name	6520
by which he is designated on the ballot. If an incumbent does not	6521
make a choice within two days after notification or if none of the	6522
candidates is an incumbent, the board of elections within three	6523
days after notification shall designate the names by which the	6524
candidates are identified on the ballot. In case of a district	6525
candidate the board of elections in the most populous county shall	6526
make the determination. In case of state-wide candidates, or in	6527
the case any board of elections fails to make a designation within	6528
three days after notification, the secretary of state shall	6529
immediately make the determination.	6530

"Notification" as required by this section shall be by the	6531
director of the board of elections or secretary of state by	6532
special delivery or telegram at the candidate's address listed in	6533
his declaration or petition of candidacy.	6534

Sec. 3513.18.  Party primaries shall be held at the same	6535
place and time, but there shall be separate pollbooks, tally	6536
sheets, and ballot boxes provided at each polling place for each	6537
party participating in the election, and the ballot of each voter	6538
shall be placed in the ballot box of the party with which he is	6539
affiliated. Each ballot box shall be plainly marked with the name	6540
of the political party whose ballots are to be placed therein, by	6541
letters pasted or printed thereon or by a card attached thereto,	6542
or both, and so placed that the designation may be easily seen and	6543
read by the voter.	6544

If a special election on a question or issue is held on the	6545
day of a primary election, there shall be provided in the	6546
pollbooks pages on which shall be recorded the names of all	6547
electors voting on said question or issue and not voting in such	6548
primary. It shall not be necessary for electors desiring to vote	6549
only on the question or issue to declare their political	6550
affiliation.	6551

Sec. 3513.19.  (A) It is the duty of any judge of elections,	6552
whenever any judge of elections doubts that a person attempting to	6553
vote at a primary election is legally entitled to vote at that	6554
election, to challenge the right of that person to vote. The right	6555
of a person to vote at a primary election may be challenged upon	6556
the following grounds:	6557

(1) That the person whose right to vote is challenged is not	6558
a legally qualified elector;	6559

(2) That the person has received or has been promised some	6560
valuable reward or consideration for the person's vote;	6561

(3) That the person is not affiliated with or is not a member	6562
of the political party whose ballot the person desires to vote.	6563
Such party affiliation shall be determined by examining the	6564
elector's voting record for the current year and the immediately	6565
preceding two calendar years as shown on the voter's registration	6566
card, using the standards of affiliation specified in the seventh	6567
paragraph of section 3513.05 of the Revised Code. Division (A)(3)	6568
of this section and the seventh paragraph of section 3513.05 of	6569
the Revised Code do not prohibit a person who holds an elective	6570
office for which candidates are nominated at a party primary	6571
election from doing any of the following:	6572

(a) If the person voted as a member of a different political	6573
party at any primary election within the current year and the	6574
immediately preceding two calendar years, being a candidate for	6575
nomination at a party primary held during the times specified in	6576
division (C)(2) of section 3513.191 of the Revised Code provided	6577
that the person complies with the requirements of that section;	6578

(b) Circulating the person's own petition of candidacy for	6579
party nomination in the primary election.	6580

(B) When the right of a person to vote is challenged upon the	6581
ground set forth in division (A)(3) of this section, membership in	6582
or political affiliation with a political party shall be	6583
determined by the person's statement, made under penalty of	6584
election falsification, that the person desires to be affiliated	6585
with and supports the principles of the political party whose	6586
primary ballot the person desires to vote.	6587

Sec. 3513.21.  At the close of the polls in a primary	6588
election, the judges of election shall proceed without delay to	6589
canvass the vote, sign and seal it, and make returns thereof to	6590
the board of elections forthwith on the forms to be provided by	6591
the board. The provisions of Title XXXV of the Revised Code	6592
relating to the accounting for and return of all ballots at	6593
general elections apply to primary ballots.	6594

If there is any disagreement as to how a ballot should be	6595
counted it shall be submitted to all of the judges. If three of	6596
the judges do not agree as to how any part of the ballot shall be	6597
counted, that part of such ballot which three of the judges do	6598
agree shall be counted and a notation made upon the ballot	6599
indicating what part has not been counted, and shall be placed in	6600
an envelope provided for that purpose, marked "Disputed Ballots"	6601
and returned to the board.	6602

The board shall, on the day when the vote is canvassed, open	6603
such sealed envelopes, determine what ballots and for whom they	6604
should be counted, and proceed to count and tally the votes on	6605
such ballots.	6606

Sec. 3513.262.  The nominating petitions of all candidates	6607
required to be filed before four p.m. of the day before the day of	6608
the primary election immediately preceding the general election	6609
shall be processed as follows:	6610

If such petition is filed with the secretary of state, he	6611
shall, not later than the fifteenth day of June following the	6612
filing of such petition, or if the primary election was a	6613
presidential primary election, not later than the end of the sixth	6614
week after the day of that election, transmit to each board such	6615
separate petition papers as purport to contain signatures of	6616
electors of the county of such board. If such petition is filed	6617
with the board of the most populous county of a district or of a	6618
county in which the major portion of the population of a	6619
subdivision is located, such board shall, not later than the	6620
fifteenth day of June, or if the primary election was a	6621
presidential primary election, not later than the end of the sixth	6622
week after the day of that election, transmit to each board within	6623
such district such separate petition papers of the petition as	6624
purport to contain signatures of electors of the county of such	6625
board.	6626

All petition papers so transmitted to a board and all	6627
nominating petitions filed with a board shall, under proper	6628
regulations, be open to public inspection from the fifteenth day	6629
of June until four p.m. of the thirtieth day of that month, or if	6630
the primary election was a presidential primary election, from the	6631
end of the sixth week after the election until four p.m. of the	6632
end of the seventh week after the election. Each board shall, not	6633
later than the next fifteenth day of July, or if the primary	6634
election was a presidential primary election, not later than the	6635
end of the tenth week after the day of that election, examine and	6636
determine the sufficiency of the signatures on the petition papers	6637
transmitted to or filed with it, and the validity of the petitions	6638
filed with it, and shall return to the secretary of state all	6639
petition papers transmitted to it by him, together with its	6640
certification of its determination as to the validity or	6641
invalidity of signatures thereon, and shall return to each other	6642
board all petition papers transmitted to it by such other board,	6643
as provided in this section, together with its certification of	6644
its determination as to the validity or invalidity of signatures	6645
thereon. All other matters affecting the validity or invalidity of	6646
such petition papers shall be determined by the secretary of state	6647
or the board with whom such petition papers were filed.	6648

Written protests against nominating petitions may be filed by	6649
any qualified elector eligible to vote for the candidate whose	6650
nominating petition he objects to, not later than four p.m. of the	6651
thirtieth day of July, or if the primary election was a	6652
presidential primary election, not later than the end of the	6653
twelfth week after the day of that election. Such protests shall	6654
be filed with the election officials with whom the nominating	6655
petition was filed. Upon the filing of such protest, the election	6656
officials with whom it is filed shall promptly fix the time and	6657
place for hearing it, and shall forthwith mail notice of the	6658
filing of such protest and the time and place for hearing it to	6659
the person whose nomination is protested. They shall also	6660
forthwith mail notice of the time and place fixed for the hearing	6661
to the person who filed the protest. At the time fixed, such	6662
election officials shall hear the protest and determine the	6663
validity or invalidity of the petition. Such determination shall	6664
be final.	6665

A protest against the nominating petition filed by joint	6666
candidates for the offices of governor and lieutenant governor	6667
shall be filed, heard, and determined in the same manner as a	6668
protest against the nominating petition of a candidate who files	6669
by himself.	6670

Sec. 3513.30.  (A)(1) If only one valid declaration of	6671
candidacy is filed for nomination as a candidate of a political	6672
party for an office and that candidate dies prior to the tenth day	6673
before the primary election, both of the following may occur:	6674

(a) The political party whose candidate died may fill the	6675
vacancy so created as provided in division (A)(2) of this section.	6676

(b) Any major political party other than the one whose	6677
candidate died may select a candidate as provided in division	6678
(A)(2) of this section under either of the following	6679
circumstances:	6680

(i) No person has filed a valid declaration of candidacy for	6681
nomination as that party's candidate at the primary election.	6682

(ii) Only one person has filed a valid declaration of	6683
candidacy for nomination as that party's candidate at the primary	6684
election, that person has withdrawn, died, or been disqualified	6685
under section 3513.052 of the Revised Code, and the vacancy so	6686
created has not been filled.	6687

(2) A vacancy may be filled under division (A)(1)(a) and a	6688
selection may be made under division (A)(1)(b) of this section by	6689
the appropriate committee of the political party in the same	6690
manner as provided in divisions (A) to (E) of section 3513.31 of	6691
the Revised Code for the filling of similar vacancies created by	6692
withdrawals or disqualifications under section 3513.052 of the	6693
Revised Code after the primary election, except that the	6694
certification required under that section may not be filed with	6695
the secretary of state, or with a board of the most populous	6696
county of a district, or with the board of a county in which the	6697
major portion of the population of a subdivision is located, later	6698
than four p.m. of the tenth day before the day of such primary	6699
election, or with any other board later than four p.m. of the	6700
fifth day before the day of such primary election.	6701

(3) If only one valid declaration of candidacy is filed for	6702
nomination as a candidate of a political party for an office and	6703
that candidate dies on or after the tenth day before the day of	6704
the primary election, that candidate is considered to have	6705
received the nomination of that candidate's political party at	6706
that primary election, and, for purposes of filling the vacancy so	6707
created, that candidate's death shall be treated as if that	6708
candidate died on the day after the day of the primary election.	6709

(B) Any person filing a declaration of candidacy may withdraw	6710
as such candidate at any time prior to the primary election. The	6711
withdrawal shall be effected and the statement of withdrawal shall	6712
be filed in accordance with the procedures prescribed in division	6713
(D) of this section for the withdrawal of persons nominated in a	6714
primary election or by nominating petition.	6715

(C) A person who is the first choice for president of the	6716
United States by a candidate for delegate or alternate to a	6717
national convention of a political party may withdraw consent for	6718
the selection of the person as such first choice no later than	6719
four p.m. of the fortieth day before the day of the presidential	6720
primary election. Withdrawal of consent shall be for the entire	6721
slate of candidates for delegates and alternates who named such	6722
person as their presidential first choice and shall constitute	6723
withdrawal from the primary election by such delegates and	6724
alternates. The withdrawal shall be made in writing and delivered	6725
to the secretary of state. If the withdrawal is delivered to the	6726
secretary of state on or before the seventieth day before the day	6727
of the primary election, the boards of elections shall remove both	6728
the name of the withdrawn first choice and the names of such	6729
withdrawn candidates from the ballots according to the directions	6730
of the secretary of state. If the withdrawal is delivered to the	6731
secretary of state after the seventieth day before the day of the	6732
primary election, the board of elections shall not remove the name	6733
of the withdrawn first choice and the names of the withdrawn	6734
candidates from the ballots. The board of elections shall post a	6735
notice at each polling location on the day of the primary	6736
election, and shall enclose with each absent voter's ballot given	6737
or mailed after the candidate withdraws, a notice that votes for	6738
the withdrawn first choice or the withdrawn candidates will be	6739
void and will not be counted. If such names are not removed from	6740
all ballots before the day of the election, the votes for the	6741
withdrawn first choice or the withdrawn candidates are void and	6742
shall not be counted.	6743

(D) Any person nominated in a primary election or by	6744
nominating petition as a candidate for election at the next	6745
general election may withdraw as such candidate at any time prior	6746
to the general election. Such withdrawal may be effected by the	6747
filing of a written statement by such candidate announcing the	6748
candidate's withdrawal and requesting that the candidate's name	6749
not be printed on the ballots. If such candidate's declaration of	6750
candidacy or nominating petition was filed with the secretary of	6751
state, the candidate's statement of withdrawal shall be addressed	6752
to and filed with the secretary of state. If such candidate's	6753
declaration of candidacy or nominating petition was filed with a	6754
board of elections, the candidate's statement of withdrawal shall	6755
be addressed to and filed with such board.	6756

(E) When a person withdraws under division (B) or (D) of this	6757
section on or before the seventieth day before the day of the	6758
primary election, the board of elections shall remove the name of	6759
the withdrawn candidate from the ballots according to the	6760
directions of the secretary of state. When a person withdraws	6761
under division (B) or (D) of this section after the seventieth day	6762
before the day of the primary election, the board of elections	6763
shall not remove the name of the withdrawn candidate from the	6764
ballots. The board of elections shall post a notice at each	6765
polling place on the day of the primary election, and shall	6766
enclose with each absent voter's ballot given or mailed after the	6767
candidate withdraws, a notice that votes for the withdrawn	6768
candidate will be void and will not be counted. If the name is not	6769
removed from all ballots before the day of the election, the votes	6770
for the withdrawn candidate are void and shall not be counted.	6771

Sec. 3513.31.  (A) If a person nominated in a primary	6772
election as a candidate for election at the next general election,	6773
whose candidacy is to be submitted to the electors of the entire	6774
state, withdraws as that candidate or is disqualified as that	6775
candidate under section 3513.052 of the Revised Code, the vacancy	6776
in the party nomination so created may be filled by the state	6777
central committee of the major political party that made the	6778
nomination at the primary election, if the committee's chairperson	6779
and secretary certify the name of the person selected to fill the	6780
vacancy by the time specified in this division, at a meeting	6781
called for that purpose. The meeting shall be called by the	6782
chairperson of that committee, who shall give each member of the	6783
committee at least two days' notice of the time, place, and	6784
purpose of the meeting. If a majority of the members of the	6785
committee are present at the meeting, a majority of those present	6786
may select a person to fill the vacancy. The chairperson and	6787
secretary of the meeting shall certify in writing and under oath	6788
to the secretary of state, not later than the eighty-sixth day	6789
before the day of the general election, the name of the person	6790
selected to fill the vacancy. The certification must be	6791
accompanied by the written acceptance of the nomination by the	6792
person whose name is certified. A vacancy that may be filled by an	6793
intermediate or minor political party shall be filled in	6794
accordance with the party's rules by authorized officials of the	6795
party. Certification must be made as in the manner provided for a	6796
major political party.	6797

(B) If a person nominated in a primary election as a party	6798
candidate for election at the next general election, whose	6799
candidacy is to be submitted to the electors of a district	6800
comprised of more than one county but less than all of the	6801
counties of the state, withdraws as that candidate or is	6802
disqualified as that candidate under section 3513.052 of the	6803
Revised Code, the vacancy in the party nomination so created may	6804
be filled by a district committee of the major political party	6805
that made the nomination at the primary election, if the	6806
committee's chairperson and secretary certify the name of the	6807
person selected to fill the vacancy by the time specified in this	6808
division, at a meeting called for that purpose. The district	6809
committee shall consist of the chairperson and secretary of the	6810
county central committee of such political party in each county in	6811
the district. The district committee shall be called by the	6812
chairperson of the county central committee of such political	6813
party of the most populous county in the district, who shall give	6814
each member of the district committee at least two days' notice of	6815
the time, place, and purpose of the meeting. If a majority of the	6816
members of the district committee are present at the district	6817
committee meeting, a majority of those present may select a person	6818
to fill the vacancy. The chairperson and secretary of the meeting	6819
shall certify in writing and under oath to the board of elections	6820
of the most populous county in the district, not later than four	6821
p.m. of the eighty-sixth day before the day of the general	6822
election, the name of the person selected to fill the vacancy. The	6823
certification must be accompanied by the written acceptance of the	6824
nomination by the person whose name is certified. A vacancy that	6825
may be filled by an intermediate or minor political party shall be	6826
filled in accordance with the party's rules by authorized	6827
officials of the party. Certification must be made as in the	6828
manner provided for a major political party.	6829

(C) If a person nominated in a primary election as a party	6830
candidate for election at the next general election, whose	6831
candidacy is to be submitted to the electors of a county,	6832
withdraws as that candidate or is disqualified as that candidate	6833
under section 3513.052 of the Revised Code, the vacancy in the	6834
party nomination so created may be filled by the county central	6835
committee of the major political party that made the nomination at	6836
the primary election, or by the county executive committee if so	6837
authorized, if the committee's chairperson and secretary certify	6838
the name of the person selected to fill the vacancy by the time	6839
specified in this division, at a meeting called for that purpose.	6840
The meeting shall be called by the chairperson of that committee,	6841
who shall give each member of the committee at least two days'	6842
notice of the time, place, and purpose of the meeting. If a	6843
majority of the members of the committee are present at the	6844
meeting, a majority of those present may select a person to fill	6845
the vacancy. The chairperson and secretary of the meeting shall	6846
certify in writing and under oath to the board of that county, not	6847
later than four p.m. of the eighty-sixth day before the day of the	6848
general election, the name of the person selected to fill the	6849
vacancy. The certification must be accompanied by the written	6850
acceptance of the nomination by the person whose name is	6851
certified. A vacancy that may be filled by an intermediate or	6852
minor political party shall be filled in accordance with the	6853
party's rules by authorized officials of the party. Certification	6854
must be made as in the manner provided for a major political	6855
party.	6856

(D) If a person nominated in a primary election as a party	6857
candidate for election at the next general election, whose	6858
candidacy is to be submitted to the electors of a district within	6859
a county, withdraws as that candidate or is disqualified as that	6860
candidate under section 3513.052 of the Revised Code, the vacancy	6861
in the party nomination so created may be filled by a district	6862
committee consisting of those members of the county central	6863
committee or, if so authorized, those members of the county	6864
executive committee in that county of the major political party	6865
that made the nomination at the primary election who represent the	6866
precincts or the wards and townships within the district, if the	6867
committee's chairperson and secretary certify the name of the	6868
person selected to fill the vacancy by the time specified in this	6869
division, at a meeting called for that purpose. The district	6870
committee meeting shall be called by the chairperson of the county	6871
central committee or executive committee, as appropriate, who	6872
shall give each member of the district committee at least two	6873
days' notice of the time, place, and purpose of the meeting. If a	6874
majority of the members of the district committee are present at	6875
the district committee meeting, a majority of those present may	6876
select a person to fill the vacancy. The chairperson and secretary	6877
of the district committee meeting shall certify in writing and	6878
under oath to the board of the county, not later than four p.m. of	6879
the eighty-sixth day before the day of the general election, the	6880
name of the person selected to fill the vacancy. The certification	6881
must be accompanied by the written acceptance of the nomination by	6882
the person whose name is certified. A vacancy that may be filled	6883
by an intermediate or minor political party shall be filled in	6884
accordance with the party's rules by authorized officials of the	6885
party. Certification must be made as in the manner provided for a	6886
major political party.	6887

(E) If a person nominated in a primary election as a party	6888
candidate for election at the next general election, whose	6889
candidacy is to be submitted to the electors of a subdivision	6890
within a county, withdraws as that candidate or is disqualified as	6891
that candidate under section 3513.052 of the Revised Code, the	6892
vacancy in the party nomination so created may be filled by a	6893
subdivision committee consisting of those members of the county	6894
central committee or, if so authorized, those members of the	6895
county executive committee in that county of the major political	6896
party that made the nomination at that primary election who	6897
represent the precincts or the wards and townships within that	6898
subdivision, if the committee's chairperson and secretary certify	6899
the name of the person selected to fill the vacancy by the time	6900
specified in this division, at a meeting called for that purpose.	6901

The subdivision committee meeting shall be called by the	6902
chairperson of the county central committee or executive	6903
committee, as appropriate, who shall give each member of the	6904
subdivision committee at least two days' notice of the time,	6905
place, and purpose of the meeting. If a majority of the members of	6906
the subdivision committee are present at the subdivision committee	6907
meeting, a majority of those present may select a person to fill	6908
the vacancy. The chairperson and secretary of the subdivision	6909
committee meeting shall certify in writing and under oath to the	6910
board of the county, not later than four p.m. of the eighty-sixth	6911
day before the day of the general election, the name of the person	6912
selected to fill the vacancy. The certification must be	6913
accompanied by the written acceptance of the nomination by the	6914
person whose name is certified. A vacancy that may be filled by an	6915
intermediate or minor political party shall be filled in	6916
accordance with the party's rules by authorized officials of the	6917
party. Certification must be made in the manner provided for a	6918
major political party.	6919

(F) If a person nominated by petition as an independent or	6920
nonpartisan candidate for election at the next general election	6921
withdraws as that candidate or is disqualified as that candidate	6922
under section 3513.052 of the Revised Code, the vacancy so created	6923
may be filled by a majority of the committee of five, as	6924
designated on the candidate's nominating petition, if a member of	6925
that committee certifies in writing and under oath to the election	6926
officials with whom the candidate filed the candidate's nominating	6927
petition, not later than the eighty-sixth day before the day of	6928
the general election, the name of the person selected to fill the	6929
vacancy. The certification shall be accompanied by the written	6930
acceptance of the nomination by the person whose name is certified	6931
and shall be made in the manner provided for a major political	6932
party.	6933

(G) If a person nominated in a primary election as a party	6934
candidate for election at the next general election dies, the	6935
vacancy so created may be filled by the same committee in the same	6936
manner as provided in this section for the filling of similar	6937
vacancies created by withdrawals or disqualifications under	6938
section 3513.052 of the Revised Code, except that the	6939
certification, when filling a vacancy created by death, may not be	6940
filed with the secretary of state, or with a board of the most	6941
populous county of a district, or with the board of a county in	6942
which the major portion of the population of a subdivision is	6943
located, later than four p.m. of the tenth day before the day of	6944
such general election, or with any other board later than four	6945
p.m. of the fifth day before the day of such general election.	6946

(H) If a person nominated by petition as an independent or	6947
nonpartisan candidate for election at the next general election	6948
dies prior to the tenth day before the day of that general	6949
election, the vacancy so created may be filled by a majority of	6950
the committee of five designated in the nominating petition to	6951
represent the candidate named in it. To fill the vacancy a member	6952
of the committee shall, not later than four p.m. of the fifth day	6953
before the day of the general election, file with the election	6954
officials with whom the petition nominating the person was filed,	6955
a certificate signed and sworn to under oath by a majority of the	6956
members, designating the person they select to fill the vacancy.	6957
The certification must be accompanied by the written acceptance of	6958
the nomination by the person whose name is so certified.	6959

(I) If a person holding an elective office dies or resigns	6960
subsequent to the one hundred fifteenth day before the day of a	6961
primary election and prior to the eighty-sixth day before the day	6962
of the next general election, and if, under the laws of this	6963
state, a person may be elected at that general election to fill	6964
the unexpired term of the person who has died or resigned, the	6965
appropriate committee of each political party, acting as in the	6966
case of a vacancy in a party nomination, as provided in divisions	6967
(A) to (D) of this section, may select a person as the party	6968
candidate for election for such unexpired term at that general	6969
election, and certify the person's name to the appropriate	6970
election official not later than four p.m. on the eighty-sixth day	6971
before the day of that general election, or on the tenth day	6972
following the day on which the vacancy occurs, whichever is later.	6973
When the vacancy occurs on or subsequent to the eighty-sixth day	6974
and prior to the fifty-sixth day before the general election, the	6975
appropriate committee may select a person as the party candidate	6976
and certify the person's name, as provided in the preceding	6977
sentence, not later than four p.m. on the fiftieth day before the	6978
general election. Thereupon the name shall be printed as the party	6979
candidate under proper titles and in the proper place on the	6980
proper ballots for use at the election. If a person has been	6981
nominated in a primary election, the authorized committee of that	6982
political party shall not select and certify a person as the party	6983
candidate.	6984

(J) Each person desiring to become an independent candidate	6985
to fill the unexpired term shall file a statement of candidacy and	6986
nominating petition, as provided in section 3513.261 of the	6987
Revised Code, with the appropriate election official not later	6988
than four p.m. on the tenth day following the day on which the	6989
vacancy occurs, provided that when the vacancy occurs fewer than	6990
six days before the fifty-sixth day before the general election,	6991
the deadline for filing shall be four p.m. on the fiftieth day	6992
before the general election. The nominating petition shall contain	6993
at least seven hundred fifty signatures and no more than one	6994
thousand five hundred signatures of qualified electors of the	6995
district, political subdivision, or portion of a political	6996
subdivision in which the office is to be voted upon, or the amount	6997
provided for in section 3513.257 of the Revised Code, whichever is	6998
less.	6999

(K) When a person nominated as a candidate by a political	7000
party in a primary election or by nominating petition for an	7001
elective office for which candidates are nominated at a party	7002
primary election withdraws, dies, or is disqualified under section	7003
3513.052 of the Revised Code prior to the general election, the	7004
appropriate committee of any other major political party or	7005
committee of five that has not nominated a candidate for that	7006
office, or whose nominee as a candidate for that office has	7007
withdrawn, died, or been disqualified without the vacancy so	7008
created having been filled, may, acting as in the case of a	7009
vacancy in a party nomination or nomination by petition as	7010
provided in divisions (A) to (F) of this section, whichever is	7011
appropriate, select a person as a candidate of that party or of	7012
that committee of five for election to the office.	7013

Sec. 3515.04.  At the time and place fixed for making a	7014
recount, the board of elections, in the presence of all observers	7015
who may be in attendance, shall open the sealed containers	7016
containing the ballots to be recounted, and shall recount them. If	7017
a county used punch card ballots and if a chad is attached to a	7018
punch card ballot by three or four corners, the voter shall be	7019
deemed by the board not to have recorded a candidate, question, or	7020
issue choice at the particular position on the ballot, and a vote	7021
shall not be counted at that particular position on the ballot in	7022
the recount. Ballots shall be handled only by the members of the	7023
board or by the director or other employees of the board.	7024
Observers shall be permitted to see the ballots, but they shall	7025
not be permitted to touch them, and the board shall not permit the	7026
counting or tabulation of votes shown on the ballots for any	7027
nomination, or for election to any office or position, or upon any	7028
question or issue, other than the votes shown on such ballots for	7029
the nomination, election, question, or issue concerning which a	7030
recount of ballots was applied for.	7031

At any time before the ballots from all of the precincts	7032
listed in an application for the recount or involved in a recount	7033
pursuant to section 3515.011 of the Revised Code have been	7034
recounted, the applicant or declared losing candidate or nominee	7035
or each of the declared losing candidates or nominees entitled to	7036
file a request prior to the commencement of a recount, as provided	7037
in section 3515.03 of the Revised Code, may file with the board a	7038
written request to stop the recount and not recount the ballots	7039
from the precincts so listed that have not been recounted prior to	7040
the time of the request. If, upon the request, the board finds	7041
that results of the votes in the precincts recounted, if	7042
substituted for the results of the votes in those precincts as	7043
shown in the abstract of the votes in those precincts, would not	7044
cause the applicant, if a person for whom votes were cast for	7045
nomination or election, to be declared nominated or elected or if	7046
an election upon a question or issue would not cause a result	7047
contrary to the result as declared prior to such recount, it shall	7048
grant the request and shall not recount the ballots of the	7049
precincts listed in the application for recount that have not been	7050
recounted prior to that time. If the board finds otherwise, it	7051
shall deny the request and shall continue to recount ballots until	7052
the ballots from all of the precincts listed in the application	7053
for recount have been recounted; provided that, if the request is	7054
denied, it may be renewed from time to time. Upon any such	7055
renewal, the board shall consider and act upon the request in the	7056
same manner as provided in this section in connection with an	7057
original request.	7058

As used in this section, "chad" and "punch card ballot" have	7059
the same meanings as in section 3506.16 of the Revised Code.	7060

Sec. 3517.01.  (A)(1) A political party within the meaning of	7061
Title XXXV of the Revised Code is any group of voters that, at the	7062
most recent regular state election, polled for its candidate for	7063
governor in the state or nominees for presidential electors at	7064
least five per cent of the entire vote cast for that office or	7065
that filed with the secretary of state, subsequent to any election	7066
in which it received less than five per cent of that vote, a	7067
petition signed by qualified electors equal in number to at least	7068
one per cent of the total vote for governor or nominees for	7069
presidential electors at the most recent election, declaring their	7070
intention of organizing a political party, the name of which shall	7071
be stated in the declaration, and of participating in the	7072
succeeding primary election, held in even-numbered years, that	7073
occurs more than one hundred twenty days after the date of filing.	7074
No such group of electors shall assume a name or designation that	7075
is similar, in the opinion of the secretary of state, to that of	7076
an existing political party as to confuse or mislead the voters at	7077
an election. If any political party fails to cast five per cent of	7078
the total vote cast at an election for the office of governor or	7079
president, it shall cease to be a political party.	7080

(2) A campaign committee shall be legally liable for any	7081
debts, contracts, or expenditures incurred or executed in its	7082
name.	7083

(B) Notwithstanding the definitions found in section 3501.01	7084
of the Revised Code, as used in this section and sections 3517.08	7085
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	7086

(1) "Campaign committee" means a candidate or a combination	7087
of two or more persons authorized by a candidate under section	7088
3517.081 of the Revised Code to receive contributions and make	7089
expenditures.	7090

(2) "Campaign treasurer" means an individual appointed by a	7091
candidate under section 3517.081 of the Revised Code.	7092

(3) "Candidate" has the same meaning as in division (H) of	7093
section 3501.01 of the Revised Code and also includes any person	7094
who, at any time before or after an election, receives	7095
contributions or makes expenditures or other use of contributions,	7096
has given consent for another to receive contributions or make	7097
expenditures or other use of contributions, or appoints a campaign	7098
treasurer, for the purpose of bringing about the person's	7099
nomination or election to public office. When two persons jointly	7100
seek the offices of governor and lieutenant governor, "candidate"	7101
means the pair of candidates jointly. "Candidate" does not include	7102
candidates for election to the offices of member of a county or	7103
state central committee, presidential elector, and delegate to a	7104
national convention or conference of a political party.	7105

(4) "Continuing association" means an association, other than	7106
a campaign committee, political party, legislative campaign fund,	7107
political contributing entity, or labor organization, that is	7108
intended to be a permanent organization that has a primary purpose	7109
other than supporting or opposing specific candidates, political	7110
parties, or ballot issues, and that functions on a regular basis	7111
throughout the year. "Continuing association" includes	7112
organizations that are determined to be not organized for profit	7113
under subsection 501 and that are described in subsection	7114
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	7115

(5) "Contribution" means a loan, gift, deposit, forgiveness	7116
of indebtedness, donation, advance, payment, or transfer of funds	7117
or anything of value, including a transfer of funds from an inter	7118
vivos or testamentary trust or decedent's estate, and the payment	7119
by any person other than the person to whom the services are	7120
rendered for the personal services of another person, which	7121
contribution is made, received, or used for the purpose of	7122
influencing the results of an election. Any loan, gift, deposit,	7123
forgiveness of indebtedness, donation, advance, payment, or	7124
transfer of funds or of anything of value, including a transfer of	7125
funds from an inter vivos or testamentary trust or decedent's	7126
estate, and the payment by any campaign committee, political	7127
action committee, legislative campaign fund, political party,	7128
political contributing entity, or person other than the person to	7129
whom the services are rendered for the personal services of	7130
another person, that is made, received, or used by a state or	7131
county political party, other than moneys a state or county	7132
political party receives from the Ohio political party fund	7133
pursuant to section 3517.17 of the Revised Code and the moneys a	7134
state or county political party may receive under sections	7135
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be	7136
considered to be a "contribution" for the purpose of section	7137
3517.10 of the Revised Code and shall be included on a statement	7138
of contributions filed under that section.	7139

"Contribution" does not include any of the following:

7140

(a) Services provided without compensation by individuals	7141
volunteering a portion or all of their time on behalf of a person;	7142

(b) Ordinary home hospitality;

7143

(c) The personal expenses of a volunteer paid for by that	7144
volunteer campaign worker;	7145

(d) Any gift given to a state or county political party	7146
pursuant to section 3517.101 of the Revised Code. As used in	7147
division (B)(5)(d) of this section, "political party" means only a	7148
major political party;	7149

(e) Any contribution as defined in section 3517.1011 of the	7150
Revised Code that is made, received, or used to pay the direct	7151
costs of producing or airing an electioneering communication;	7152

(f) Any gift given to a state or county political party for	7153
the party's restricted fund under division (A)(2) of section	7154
3517.1012 of the Revised Code;	7155

(g) Any gift given to a state political party for deposit in	7156
a Levin account pursuant to section 3517.1013 of the Revised Code.	7157
As used in this division, "Levin account" has the same meaning as	7158
in that section.	7159

(h) Any donation given to a transition fund under section	7160
3517.1014 of the Revised Code.	7161

(6) "Expenditure" means the disbursement or use of a	7162
contribution for the purpose of influencing the results of an	7163
election or of making a charitable donation under division (G) of	7164
section 3517.08 of the Revised Code. Any disbursement or use of a	7165
contribution by a state or county political party is an	7166
expenditure and shall be considered either to be made for the	7167
purpose of influencing the results of an election or to be made as	7168
a charitable donation under division (G) of section 3517.08 of the	7169
Revised Code and shall be reported on a statement of expenditures	7170
filed under section 3517.10 of the Revised Code. During the thirty	7171
days preceding a primary or general election, any disbursement to	7172
pay the direct costs of producing or airing a broadcast, cable, or	7173
satellite communication that refers to a clearly identified	7174
candidate shall be considered to be made for the purpose of	7175
influencing the results of that election and shall be reported as	7176
an expenditure or as an independent expenditure under section	7177
3517.10 or 3517.105 of the Revised Code, as applicable, except	7178
that the information required to be reported regarding	7179
contributors for those expenditures or independent expenditures	7180
shall be the same as the information required to be reported under	7181
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	7182

As used in this division, "broadcast, cable, or satellite	7183
communication" and "refers to a clearly identified candidate" have	7184
the same meanings as in section 3517.1011 of the Revised Code.	7185

(7) "Personal expenses" includes, but is not limited to,	7186
ordinary expenses for accommodations, clothing, food, personal	7187
motor vehicle or airplane, and home telephone.	7188

(8) "Political action committee" means a combination of two	7189
or more persons, the primary or major purpose of which is to	7190
support or oppose any candidate, political party, or issue, or to	7191
influence the result of any election through express advocacy, and	7192
that is not a political party, a campaign committee, a political	7193
contributing entity, or a legislative campaign fund. "Political	7194
action committee" does not include either of the following:	7195

(a) A continuing association that makes disbursements for the	7196
direct costs of producing or airing electioneering communications	7197
and that does not engage in express advocacy;	7198

(b) A political club that is formed primarily for social	7199
purposes and that consists of one hundred members or less, has	7200
officers and periodic meetings, has less than two thousand five	7201
hundred dollars in its treasury at all times, and makes an	7202
aggregate total contribution of one thousand dollars or less per	7203
calendar year.	7204

(9) "Public office" means any state, county, municipal,	7205
township, or district office, except an office of a political	7206
party, that is filled by an election and the offices of United	7207
States senator and representative.	7208

(10) "Anything of value" has the same meaning as in section	7209
1.03 of the Revised Code.	7210

(11) "Beneficiary of a campaign fund" means a candidate, a	7211
public official or employee for whose benefit a campaign fund	7212
exists, and any other person who has ever been a candidate or	7213
public official or employee and for whose benefit a campaign fund	7214
exists.	7215

(12) "Campaign fund" means money or other property, including	7216
contributions.	7217

(13) "Public official or employee" has the same meaning as in	7218
section 102.01 of the Revised Code.	7219

(14) "Caucus" means all of the members of the house of	7220
representatives or all of the members of the senate of the general	7221
assembly who are members of the same political party.	7222

(15) "Legislative campaign fund" means a fund that is	7223
established as an auxiliary of a state political party and	7224
associated with one of the houses of the general assembly.	7225

(16) "In-kind contribution" means anything of value other	7226
than money that is used to influence the results of an election or	7227
is transferred to or used in support of or in opposition to a	7228
candidate, campaign committee, legislative campaign fund,	7229
political party, political action committee, or political	7230
contributing entity and that is made with the consent of, in	7231
coordination, cooperation, or consultation with, or at the request	7232
or suggestion of the benefited candidate, committee, fund, party,	7233
or entity. The financing of the dissemination, distribution, or	7234
republication, in whole or part, of any broadcast or of any	7235
written, graphic, or other form of campaign materials prepared by	7236
the candidate, the candidate's campaign committee, or their	7237
authorized agents is an in-kind contribution to the candidate and	7238
an expenditure by the candidate.	7239

(17) "Independent expenditure" means an expenditure by a	7240
person advocating the election or defeat of an identified	7241
candidate or candidates, that is not made with the consent of, in	7242
coordination, cooperation, or consultation with, or at the request	7243
or suggestion of any candidate or candidates or of the campaign	7244
committee or agent of the candidate or candidates. As used in	7245
division (B)(17) of this section:	7246

(a) "Person" means an individual, partnership, unincorporated	7247
business organization or association, political action committee,	7248
political contributing entity, separate segregated fund,	7249
association, or other organization or group of persons, but not a	7250
labor organization or a corporation unless the labor organization	7251
or corporation is a political contributing entity.	7252

(b) "Advocating" means any communication containing a message	7253
advocating election or defeat.	7254

(c) "Identified candidate" means that the name of the	7255
candidate appears, a photograph or drawing of the candidate	7256
appears, or the identity of the candidate is otherwise apparent by	7257
unambiguous reference.	7258

(d) "Made in coordination, cooperation, or consultation with,	7259
or at the request or suggestion of, any candidate or the campaign	7260
committee or agent of the candidate" means made pursuant to any	7261
arrangement, coordination, or direction by the candidate, the	7262
candidate's campaign committee, or the candidate's agent prior to	7263
the publication, distribution, display, or broadcast of the	7264
communication. An expenditure is presumed to be so made when it is	7265
any of the following:	7266

(i) Based on information about the candidate's plans,	7267
projects, or needs provided to the person making the expenditure	7268
by the candidate, or by the candidate's campaign committee or	7269
agent, with a view toward having an expenditure made;	7270

(ii) Made by or through any person who is, or has been,	7271
authorized to raise or expend funds, who is, or has been, an	7272
officer of the candidate's campaign committee, or who is, or has	7273
been, receiving any form of compensation or reimbursement from the	7274
candidate or the candidate's campaign committee or agent;	7275

(iii) Except as otherwise provided in division (D) of section	7276
3517.105 of the Revised Code, made by a political party in support	7277
of a candidate, unless the expenditure is made by a political	7278
party to conduct voter registration or voter education efforts.	7279

(e) "Agent" means any person who has actual oral or written	7280
authority, either express or implied, to make or to authorize the	7281
making of expenditures on behalf of a candidate, or means any	7282
person who has been placed in a position with the candidate's	7283
campaign committee or organization such that it would reasonably	7284
appear that in the ordinary course of campaign-related activities	7285
the person may authorize expenditures.	7286

(18) "Labor organization" means a labor union; an employee	7287
organization; a federation of labor unions, groups, locals, or	7288
other employee organizations; an auxiliary of a labor union,	7289
employee organization, or federation of labor unions, groups,	7290
locals, or other employee organizations; or any other bona fide	7291
organization in which employees participate and that exists for	7292
the purpose, in whole or in part, of dealing with employers	7293
concerning grievances, labor disputes, wages, hours, and other	7294
terms and conditions of employment.	7295

(19) "Separate segregated fund" means a separate segregated	7296
fund established pursuant to the Federal Election Campaign Act.	7297

(20) "Federal Election Campaign Act" means the "Federal	7298
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	7299
seq., as amended.	7300

(21) "Restricted fund" means the fund a state or county	7301
political party must establish under division (A)(1) of section	7302
3517.1012 of the Revised Code.	7303

(22) "Electioneering communication" has the same meaning as	7304
in section 3517.1011 of the Revised Code.	7305

(23) "Express advocacy" means a communication that contains	7306
express words advocating the nomination, election, or defeat of a	7307
candidate or that contains express words advocating the adoption	7308
or defeat of a question or issue, as determined by a final	7309
judgment of a court of competent jurisdiction.	7310

(24) "Political committee" has the same meaning as in section	7311
3517.1011 of the Revised Code.	7312

(25) "Political contributing entity" means any entity,	7313
including a corporation or labor organization, that may lawfully	7314
make contributions and expenditures and that is not an individual	7315
or a political action committee, continuing association, campaign	7316
committee, political party, legislative campaign fund, designated	7317
state campaign committee, or state candidate fund. For purposes of	7318
this division, "lawfully" means not prohibited by any section of	7319
the Revised Code, or authorized by a final judgment of a court of	7320
competent jurisdiction.	7321

Sec. 3517.012.  When a petition meeting the requirements of	7322
section 3517.01 of the Revised Code declaring the intention to	7323
organize a political party is filed with the secretary of state,	7324
the new party comes into legal existence on the date of filing and	7325
is entitled to hold a primary election as set out in section	7326
3513.01 of the Revised Code, at the primary election, held in	7327
even-numbered years that occurs more than one hundred twenty days	7328
after the date of filing.	7329

Sec. 3517.014.  Those provisions of section 3513.19 of the	7330
Revised Code relating to the determination of membership in or	7331
political affiliation with a party do not apply to persons	7332
desiring to become candidates for party nomination of a newly	7333
formed political party meeting the requirements of sections	7334
3517.011 and 3517.012 of the Revised Code at the first primary	7335
held by that party in the even-numbered year occurring subsequent	7336
to the formation of that party.	7337

Sec. 3517.015.  Qualified electors who signed declarations of	7338
candidacy of persons desiring to become candidates for party	7339
nomination of a newly formed political party meeting the	7340
requirements of sections 3517.011 and 3517.012 of the Revised Code	7341
at the first primary election held by that party in the	7342
even-numbered year subsequent to the party formation are not	7343
subject to section 3513.19 of the Revised Code and shall, for the	7344
purpose of signing said declarations of candidacy, be deemed	7345
members of the newly formed political party regardless of prior	7346
political affiliations.	7347

Sec. 3517.016. At the first primary election held by a newly	7348
formed political party meeting the requirements of sections	7349
3517.011 and 3517.012 of the Revised Code, any qualified elector	7350
who desires to vote the new party primary ballot is not subject to	7351
section 3513.19 of the Revised Code and shall be allowed to vote	7352
the new party primary ballot regardless of prior political party	7353
affiliation.	7354

Sec. 3517.10.  (A) Except as otherwise provided in this	7355
division, every campaign committee, political action committee,	7356
legislative campaign fund, political party, and political	7357
contributing entity that made or received a contribution or made	7358
an expenditure in connection with the nomination or election of	7359
any candidate or in connection with any ballot issue or question	7360
at any election held or to be held in this state shall file, on a	7361
form prescribed under this section or by electronic means of	7362
transmission as provided in this section and section 3517.106 of	7363
the Revised Code, a full, true, and itemized statement, made under	7364
penalty of election falsification, setting forth in detail the	7365
contributions and expenditures, not later than four p.m. of the	7366
following dates:	7367

(1) The twelfth day before the election to reflect	7368
contributions received and expenditures made from the close of	7369
business on the last day reflected in the last previously filed	7370
statement, if any, to the close of business on the twentieth day	7371
before the election;	7372

(2) The thirty-eighth day after the election to reflect the	7373
contributions received and expenditures made from the close of	7374
business on the last day reflected in the last previously filed	7375
statement, if any, to the close of business on the seventh day	7376
before the filing of the statement;	7377

(3) The last business day of January of every year to reflect	7378
the contributions received and expenditures made from the close of	7379
business on the last day reflected in the last previously filed	7380
statement, if any, to the close of business on the last day of	7381
December of the previous year;	7382

(4) The last business day of July of every year to reflect	7383
the contributions received and expenditures made from the close of	7384
business on the last day reflected in the last previously filed	7385
statement, if any, to the close of business on the last day of	7386
June of that year.	7387

A campaign committee shall only be required to file the	7388
statements prescribed under divisions (A)(1) and (2) of this	7389
section in connection with the nomination or election of the	7390
committee's candidate.	7391

The statement required under division (A)(1) of this section	7392
shall not be required of any campaign committee, political action	7393
committee, legislative campaign fund, political party, or	7394
political contributing entity that has received contributions of	7395
less than one thousand dollars and has made expenditures of less	7396
than one thousand dollars at the close of business on the	7397
twentieth day before the election. Those contributions and	7398
expenditures shall be reported in the statement required under	7399
division (A)(2) of this section.	7400

If an election to select candidates to appear on the general	7401
election ballot is held within sixty days before a general	7402
election, the campaign committee of a successful candidate in the	7403
earlier election may file the statement required by division	7404
(A)(1) of this section for the general election instead of the	7405
statement required by division (A)(2) of this section for the	7406
earlier election if the pregeneral election statement reflects the	7407
status of contributions and expenditures for the period twenty	7408
days before the earlier election to twenty days before the general	7409
election.	7410

If a person becomes a candidate less than twenty days before	7411
an election, the candidate's campaign committee is not required to	7412
file the statement required by division (A)(1) of this section.	7413

No statement under division (A)(3) of this section shall be	7414
required for any year in which a campaign committee, political	7415
action committee, legislative campaign fund, political party, or	7416
political contributing entity is required to file a postgeneral	7417
election statement under division (A)(2) of this section. However,	7418
a statement under division (A)(3) of this section may be filed, at	7419
the option of the campaign committee, political action committee,	7420
legislative campaign fund, political party, or political	7421
contributing entity.	7422

No campaign committee of a candidate for the office of chief	7423
justice or justice of the supreme court, and no campaign committee	7424
of a candidate for the office of judge of any court in this state,	7425
shall be required to file a statement under division (A)(4) of	7426
this section.	7427

Except as otherwise provided in this paragraph and in the	7428
next paragraph of this section, the only campaign committees	7429
required to file a statement under division (A)(4) of this section	7430
are the campaign committee of a statewide candidate and the	7431
campaign committee of a candidate for county office. The campaign	7432
committee of a candidate for any other nonjudicial office is	7433
required to file a statement under division (A)(4) of this section	7434
if that campaign committee receives, during that period,	7435
contributions exceeding ten thousand dollars.	7436

No statement under division (A)(4) of this section shall be	7437
required of a campaign committee, a political action committee, a	7438
legislative campaign fund, a political party, or a political	7439
contributing entity for any year in which the campaign committee,	7440
political action committee, legislative campaign fund, political	7441
party, or political contributing entity is required to file a	7442
postprimary election statement under division (A)(2) of this	7443
section. However, a statement under division (A)(4) of this	7444
section may be filed at the option of the campaign committee,	7445
political action committee, legislative campaign fund, political	7446
party, or political contributing entity.	7447

No statement under division (A)(3) or (4) of this section	7448
shall be required if the campaign committee, political action	7449
committee, legislative campaign fund, political party, or	7450
political contributing entity has no contributions that it has	7451
received and no expenditures that it has made since the last date	7452
reflected in its last previously filed statement. However, the	7453
campaign committee, political action committee, legislative	7454
campaign fund, political party, or political contributing entity	7455
shall file a statement to that effect, on a form prescribed under	7456
this section and made under penalty of election falsification, on	7457
the date required in division (A)(3) or (4) of this section, as	7458
applicable.	7459

The campaign committee of a statewide candidate shall file a	7460
monthly statement of contributions received during each of the	7461
months of July, August, and September in the year of the general	7462
election in which the candidate seeks office. The campaign	7463
committee of a statewide candidate shall file the monthly	7464
statement not later than three business days after the last day of	7465
the month covered by the statement. During the period beginning on	7466
the nineteenth day before the general election in which a	7467
statewide candidate seeks election to office and extending through	7468
the day of that general election, each time the campaign committee	7469
of the joint candidates for the offices of governor and lieutenant	7470
governor or of a candidate for the office of secretary of state,	7471
auditor of state, treasurer of state, or attorney general receives	7472
a contribution from a contributor that causes the aggregate amount	7473
of contributions received from that contributor during that period	7474
to equal or exceed ten thousand dollars and each time the campaign	7475
committee of a candidate for the office of chief justice or	7476
justice of the supreme court receives a contribution from a	7477
contributor that causes the aggregate amount of contributions	7478
received from that contributor during that period to exceed ten	7479
thousand dollars, the campaign committee shall file a	7480
two-business-day statement reflecting that contribution. During	7481
the period beginning on the nineteenth day before a primary	7482
election in which a candidate for statewide office seeks	7483
nomination to office and extending through the day of that primary	7484
election, each time either the campaign committee of a statewide	7485
candidate in that primary election that files a notice under	7486
division (C)(1) of section 3517.103 of the Revised Code or the	7487
campaign committee of a statewide candidate in that primary	7488
election to which, in accordance with division (D) of section	7489
3517.103 of the Revised Code, the contribution limitations	7490
prescribed in section 3517.102 of the Revised Code no longer apply	7491
receives a contribution from a contributor that causes the	7492
aggregate amount of contributions received from that contributor	7493
during that period to exceed ten thousand dollars, the campaign	7494
committee shall file a two-business-day statement reflecting that	7495
contribution. Contributions reported on a two-business-day	7496
statement required to be filed by a campaign committee of a	7497
statewide candidate in a primary election shall also be included	7498
in the postprimary election statement required to be filed by that	7499
campaign committee under division (A)(2) of this section. A	7500
two-business-day statement required by this paragraph shall be	7501
filed not later than two business days after receipt of the	7502
contribution. The statements required by this paragraph shall be	7503
filed in addition to any other statements required by this	7504
section.	7505

Subject to the secretary of state having implemented, tested,	7506
and verified the successful operation of any system the secretary	7507
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	7508
this section and division (H)(1) of section 3517.106 of the	7509
Revised Code for the filing of campaign finance statements by	7510
electronic means of transmission, a campaign committee of a	7511
statewide candidate shall file a two-business-day statement under	7512
the preceding paragraph by electronic means of transmission if the	7513
campaign committee is required to file a pre-election,	7514
postelection, or monthly statement of contributions and	7515
expenditures by electronic means of transmission under this	7516
section or section 3517.106 of the Revised Code.	7517

If a campaign committee or political action committee has no	7518
balance on hand and no outstanding obligations and desires to	7519
terminate itself, it shall file a statement to that effect, on a	7520
form prescribed under this section and made under penalty of	7521
election falsification, with the official with whom it files a	7522
statement under division (A) of this section after filing a final	7523
statement of contributions and a final statement of expenditures,	7524
if contributions have been received or expenditures made since the	7525
period reflected in its last previously filed statement.	7526

(B) Except as otherwise provided in division (C)(7) of this	7527
section, each statement required by division (A) of this section	7528
shall contain the following information:	7529

(1) The full name and address of each campaign committee,	7530
political action committee, legislative campaign fund, political	7531
party, or political contributing entity, including any treasurer	7532
of the committee, fund, party, or entity, filing a contribution	7533
and expenditure statement;	7534

(2)(a) In the case of a campaign committee, the candidate's	7535
full name and address;	7536

(b) In the case of a political action committee, the	7537
registration number assigned to the committee under division	7538
(D)(1) of this section.	7539

(3) The date of the election and whether it was or will be a	7540
general, primary, or special election;	7541

(4) A statement of contributions received, which shall	7542
include the following information:	7543

(a) The month, day, and year of the contribution;

7544

(b)(i) The full name and address of each person, political	7545
party, campaign committee, legislative campaign fund, political	7546
action committee, or political contributing entity from whom	7547
contributions are received and the registration number assigned to	7548
the political action committee under division (D)(1) of this	7549
section. The requirement of filing the full address does not apply	7550
to any statement filed by a state or local committee of a	7551
political party, to a finance committee of such committee, or to a	7552
committee recognized by a state or local committee as its	7553
fund-raising auxiliary. Notwithstanding division (F) of this	7554
section, the requirement of filing the full address shall be	7555
considered as being met if the address filed is the same address	7556
the contributor provided under division (E)(1) of this section.	7557

(ii) If a political action committee, political contributing	7558
entity, legislative campaign fund, or political party that is	7559
required to file campaign finance statements by electronic means	7560
of transmission under section 3517.106 of the Revised Code or a	7561
campaign committee of a statewide candidate or candidate for the	7562
office of member of the general assembly receives a contribution	7563
from an individual that exceeds one hundred dollars, the name of	7564
the individual's current employer, if any, or, if the individual	7565
is self-employed, the individual's occupation and the name of the	7566
individual's business, if any;	7567

(iii) If a campaign committee of a statewide candidate or	7568
candidate for the office of member of the general assembly	7569
receives a contribution transmitted pursuant to section 3599.031	7570
of the Revised Code from amounts deducted from the wages and	7571
salaries of two or more employees that exceeds in the aggregate	7572
one hundred dollars during any one filing period under division	7573
(A)(1), (2), (3), or (4) of this section, the full name of the	7574
employees' employer and the full name of the labor organization of	7575
which the employees are members, if any.	7576

(c) A description of the contribution received, if other than	7577
money;	7578

(d) The value in dollars and cents of the contribution;

7579

(e) A separately itemized account of all contributions and	7580
expenditures regardless of the amount, except a receipt of a	7581
contribution from a person in the sum of twenty-five dollars or	7582
less at one social or fund-raising activity and a receipt of a	7583
contribution transmitted pursuant to section 3599.031 of the	7584
Revised Code from amounts deducted from the wages and salaries of	7585
employees if the contribution from the amount deducted from the	7586
wages and salary of any one employee is twenty-five dollars or	7587
less aggregated in a calendar year. An account of the total	7588
contributions from each social or fund-raising activity shall	7589
include a description of and the value of each in-kind	7590
contribution received at that activity from any person who made	7591
one or more such contributions whose aggregate value exceeded two	7592
hundred fifty dollars and shall be listed separately, together	7593
with the expenses incurred and paid in connection with that	7594
activity. A campaign committee, political action committee,	7595
legislative campaign fund, political party, or political	7596
contributing entity shall keep records of contributions from each	7597
person in the amount of twenty-five dollars or less at one social	7598
or fund-raising activity and contributions from amounts deducted	7599
under section 3599.031 of the Revised Code from the wages and	7600
salary of each employee in the amount of twenty-five dollars or	7601
less aggregated in a calendar year. No continuing association that	7602
is recognized by a state or local committee of a political party	7603
as an auxiliary of the party and that makes a contribution from	7604
funds derived solely from regular dues paid by members of the	7605
auxiliary shall be required to list the name or address of any	7606
members who paid those dues.	7607

Contributions that are other income shall be itemized	7608
separately from all other contributions. The information required	7609
under division (B)(4) of this section shall be provided for all	7610
other income itemized. As used in this paragraph, "other income"	7611
means a loan, investment income, or interest income.	7612

(f) In the case of a campaign committee of a state elected	7613
officer, if a person doing business with the state elected officer	7614
in the officer's official capacity makes a contribution to the	7615
campaign committee of that officer, the information required under	7616
division (B)(4) of this section in regard to that contribution,	7617
which shall be filed together with and considered a part of the	7618
committee's statement of contributions as required under division	7619
(A) of this section but shall be filed on a separate form provided	7620
by the secretary of state. As used in this division:	7621

(i) "State elected officer" has the same meaning as in	7622
section 3517.092 of the Revised Code.	7623

(ii) "Person doing business" means a person or an officer of	7624
an entity who enters into one or more contracts with a state	7625
elected officer or anyone authorized to enter into contracts on	7626
behalf of that officer to receive payments for goods or services,	7627
if the payments total, in the aggregate, more than five thousand	7628
dollars during a calendar year.	7629

(5) A statement of expenditures which shall include the	7630
following information:	7631

(a) The month, day, and year of the expenditure;

7632

(b) The full name and address of each person, political	7633
party, campaign committee, legislative campaign fund, political	7634
action committee, or political contributing entity to whom the	7635
expenditure was made and the registration number assigned to the	7636
political action committee under division (D)(1) of this section;	7637

(c) The object or purpose for which the expenditure was made;

7638

(d) The amount of each expenditure.

7639

(C)(1) The statement of contributions and expenditures shall	7640
be signed by the person completing the form. If a statement of	7641
contributions and expenditures is filed by electronic means of	7642
transmission pursuant to this section or section 3517.106 of the	7643
Revised Code, the electronic signature of the person who executes	7644
the statement and transmits the statement by electronic means of	7645
transmission, as provided in division (H) of section 3517.106 of	7646
the Revised Code, shall be attached to or associated with the	7647
statement and shall be binding on all persons and for all purposes	7648
under the campaign finance reporting law as if the signature had	7649
been handwritten in ink on a printed form.	7650

(2) The person filing the statement, under penalty of	7651
election falsification, shall include with it a list of each	7652
anonymous contribution, the circumstances under which it was	7653
received, and the reason it cannot be attributed to a specific	7654
donor.	7655

(3) Each statement of a campaign committee of a candidate who	7656
holds public office shall contain a designation of each	7657
contributor who is an employee in any unit or department under the	7658
candidate's direct supervision and control. In a space provided in	7659
the statement, the person filing the statement shall affirm that	7660
each such contribution was voluntarily made.	7661

(4) A campaign committee that did not receive contributions	7662
or make expenditures in connection with the nomination or election	7663
of its candidate shall file a statement to that effect, on a form	7664
prescribed under this section and made under penalty of election	7665
falsification, on the date required in division (A)(2) of this	7666
section.	7667

(5) The campaign committee of any person who attempts to	7668
become a candidate and who, for any reason, does not become	7669
certified in accordance with Title XXXV of the Revised Code for	7670
placement on the official ballot of a primary, general, or special	7671
election to be held in this state, and who, at any time prior to	7672
or after an election, receives contributions or makes	7673
expenditures, or has given consent for another to receive	7674
contributions or make expenditures, for the purpose of bringing	7675
about the person's nomination or election to public office, shall	7676
file the statement or statements prescribed by this section and a	7677
termination statement, if applicable. Division (C)(5) of this	7678
section does not apply to any person with respect to an election	7679
to the offices of member of a county or state central committee,	7680
presidential elector, or delegate to a national convention or	7681
conference of a political party.	7682

(6)(a) The statements required to be filed under this section	7683
shall specify the balance in the hands of the campaign committee,	7684
political action committee, legislative campaign fund, political	7685
party, or political contributing entity and the disposition	7686
intended to be made of that balance.	7687

(b) The secretary of state shall prescribe the form for all	7688
statements required to be filed under this section and shall	7689
furnish the forms to the boards of elections in the several	7690
counties. The boards of elections shall supply printed copies of	7691
those forms without charge. The secretary of state shall prescribe	7692
the appropriate methodology, protocol, and data file structure for	7693
statements required or permitted to be filed by electronic means	7694
of transmission under division (A) of this section, divisions (E),	7695
(F), and (G) of section 3517.106, division (D) of section	7696
3517.1011, division (B) of section 3517.1012, division (C) of	7697
section 3517.1013, and divisions (D) and (I) of section 3517.1014	7698
of the Revised Code. Subject to division (A) of this section,	7699
divisions (E), (F), and (G) of section 3517.106, division (D) of	7700
section 3517.1011, division (B) of section 3517.1012, division (C)	7701
of section 3517.1013, and divisions (D) and (I) of section	7702
3517.1014 of the Revised Code, the statements required to be	7703
stored on computer by the secretary of state under division (B) of	7704
section 3517.106 of the Revised Code shall be filed in whatever	7705
format the secretary of state considers necessary to enable the	7706
secretary of state to store the information contained in the	7707
statements on computer. Any such format shall be of a type and	7708
nature that is readily available to whoever is required to file	7709
the statements in that format.	7710

(c) The secretary of state shall assess the need for training	7711
regarding the filing of campaign finance statements by electronic	7712
means of transmission and regarding associated technologies for	7713
candidates, campaign committees, political action committees,	7714
legislative campaign funds, political parties, or political	7715
contributing entities, for individuals, partnerships, or other	7716
entities, for persons making disbursements to pay the direct costs	7717
of producing or airing electioneering communications, or for	7718
treasurers of transition funds, required or permitted to file	7719
statements by electronic means of transmission under this section	7720
or section 3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, or	7721
3517.1014 of the Revised Code. If, in the opinion of the secretary	7722
of state, training in these areas is necessary, the secretary of	7723
state shall arrange for the provision of voluntary training	7724
programs for candidates, campaign committees, political action	7725
committees, legislative campaign funds, political parties, or	7726
political contributing entities, for individuals, partnerships,	7727
and other entities, for persons making disbursements to pay the	7728
direct costs of producing or airing electioneering communications,	7729
or for treasurers of transition funds, as appropriate.	7730

(7) Each monthly statement and each two-business-day	7731
statement required by division (A) of this section shall contain	7732
the information required by divisions (B)(1) to (4), (C)(2), and,	7733
if appropriate, (C)(3) of this section. Each statement shall be	7734
signed as required by division (C)(1) of this section.	7735

(D)(1) Prior to receiving a contribution or making an	7736
expenditure, every campaign committee, political action committee,	7737
legislative campaign fund, political party, or political	7738
contributing entity shall appoint a treasurer and shall file, on a	7739
form prescribed by the secretary of state, a designation of that	7740
appointment, including the full name and address of the treasurer	7741
and of the campaign committee, political action committee,	7742
legislative campaign fund, political party, or political	7743
contributing entity. That designation shall be filed with the	7744
official with whom the campaign committee, political action	7745
committee, legislative campaign fund, political party, or	7746
political contributing entity is required to file statements under	7747
section 3517.11 of the Revised Code. The name of a campaign	7748
committee shall include at least the last name of the campaign	7749
committee's candidate. If two or more candidates are the	7750
beneficiaries of a single campaign committee under division (B) of	7751
section 3517.081 of the Revised Code, the name of the campaign	7752
committee shall include at least the last name of each candidate	7753
who is a beneficiary of that campaign committee. The secretary of	7754
state shall assign a registration number to each political action	7755
committee that files a designation of the appointment of a	7756
treasurer under this division if the political action committee is	7757
required by division (A)(1) of section 3517.11 of the Revised Code	7758
to file the statements prescribed by this section with the	7759
secretary of state.	7760

(2) The treasurer appointed under division (D)(1) of this	7761
section shall keep a strict account of all contributions, from	7762
whom received and the purpose for which they were disbursed.	7763

(3)(a) Except as otherwise provided in section 3517.108 of	7764
the Revised Code, a campaign committee shall deposit all monetary	7765
contributions received by the committee into an account separate	7766
from a personal or business account of the candidate or campaign	7767
committee.	7768

(b) A political action committee shall deposit all monetary	7769
contributions received by the committee into an account separate	7770
from all other funds.	7771

(c) A state or county political party may establish a state	7772
candidate fund that is separate from an account that contains the	7773
public moneys received from the Ohio political party fund under	7774
section 3517.17 of the Revised Code and from all other funds. A	7775
state or county political party may deposit into its state	7776
candidate fund any amounts of monetary contributions that are made	7777
to or accepted by the political party subject to the applicable	7778
limitations, if any, prescribed in section 3517.102 of the Revised	7779
Code. A state or county political party shall deposit all other	7780
monetary contributions received by the party into one or more	7781
accounts that are separate from its state candidate fund and from	7782
its account that contains the public moneys received from the Ohio	7783
political party fund under section 3517.17 of the Revised Code.	7784

(d) Each state political party shall have only one	7785
legislative campaign fund for each house of the general assembly.	7786
Each such fund shall be separate from any other funds or accounts	7787
of that state party. A legislative campaign fund is authorized to	7788
receive contributions and make expenditures for the primary	7789
purpose of furthering the election of candidates who are members	7790
of that political party to the house of the general assembly with	7791
which that legislative campaign fund is associated. Each	7792
legislative campaign fund shall be administered and controlled in	7793
a manner designated by the caucus. As used in this division,	7794
"caucus" has the same meaning as in section 3517.01 of the Revised	7795
Code and includes, as an ex officio member, the chairperson of the	7796
state political party with which the caucus is associated or that	7797
chairperson's designee.	7798

(4) Every expenditure in excess of twenty-five dollars shall	7799
be vouched for by a receipted bill, stating the purpose of the	7800
expenditure, that shall be filed with the statement of	7801
expenditures. A canceled check with a notation of the purpose of	7802
the expenditure is a receipted bill for purposes of division	7803
(D)(4) of this section.	7804

(5) The secretary of state or the board of elections, as the	7805
case may be, shall issue a receipt for each statement filed under	7806
this section and shall preserve a copy of the receipt for a period	7807
of at least six years. All statements filed under this section	7808
shall be open to public inspection in the office where they are	7809
filed and shall be carefully preserved for a period of at least	7810
six years after the year in which they are filed.	7811

(6) The secretary of state, by rule adopted pursuant to	7812
section 3517.23 of the Revised Code, shall prescribe both of the	7813
following:	7814

(a) The manner of immediately acknowledging, with date and	7815
time received, and preserving the receipt of statements that are	7816
transmitted by electronic means of transmission to the secretary	7817
of state pursuant to this section or section 3517.106, 3517.1011,	7818
3517.1012, 3517.1013, or 3517.1014 of the Revised Code;	7819

(b) The manner of preserving the contribution and	7820
expenditure, contribution and disbursement, deposit and	7821
disbursement, gift and disbursement, or donation and disbursement	7822
information in the statements described in division (D)(6)(a) of	7823
this section. The secretary of state shall preserve the	7824
contribution and expenditure, contribution and disbursement,	7825
deposit and disbursement, gift and disbursement, or donation and	7826
disbursement information in those statements for at least ten	7827
years after the year in which they are filed by electronic means	7828
of transmission.	7829

(7) The secretary of state, pursuant to division (I) of	7830
section 3517.106 of the Revised Code, shall make available online	7831
to the public through the internet the contribution and	7832
expenditure, contribution and disbursement, deposit and	7833
disbursement, gift and disbursement, or donation and disbursement	7834
information in all statements, all addenda, amendments, or other	7835
corrections to statements, and all amended statements filed with	7836
the secretary of state by electronic or other means of	7837
transmission under this section, division (B)(2)(b) or (C)(2)(b)	7838
of section 3517.105, or section 3517.106, 3517.1011, 3517.1012,	7839
3517.1013, 3517.1014, or 3517.11 of the Revised Code. The	7840
secretary of state may remove the information from the internet	7841
after a reasonable period of time.	7842

(E)(1) Any person, political party, campaign committee,	7843
legislative campaign fund, political action committee, or	7844
political contributing entity that makes a contribution in	7845
connection with the nomination or election of any candidate or in	7846
connection with any ballot issue or question at any election held	7847
or to be held in this state shall provide its full name and	7848
address to the recipient of the contribution at the time the	7849
contribution is made. The political action committee also shall	7850
provide the registration number assigned to the committee under	7851
division (D)(1) of this section to the recipient of the	7852
contribution at the time the contribution is made.	7853

(2) Any individual who makes a contribution that exceeds one	7854
hundred dollars to a political action committee, political	7855
contributing entity, legislative campaign fund, or political party	7856
or to a campaign committee of a statewide candidate or candidate	7857
for the office of member of the general assembly shall provide the	7858
name of the individual's current employer, if any, or, if the	7859
individual is self-employed, the individual's occupation and the	7860
name of the individual's business, if any, to the recipient of the	7861
contribution at the time the contribution is made. Sections	7862
3599.39 and 3599.40 of the Revised Code do not apply to division	7863
(E)(2) of this section.	7864

(3) If a campaign committee shows that it has exercised its	7865
best efforts to obtain, maintain, and submit the information	7866
required under divisions (B)(4)(b)(ii) and (iii) of this section,	7867
that committee is considered to have met the requirements of those	7868
divisions. A campaign committee shall not be considered to have	7869
exercised its best efforts unless, in connection with written	7870
solicitations, it regularly includes a written request for the	7871
information required under division (B)(4)(b)(ii) of this section	7872
from the contributor or the information required under division	7873
(B)(4)(b)(iii) of this section from whoever transmits the	7874
contribution.	7875

(4) Any check that a political action committee uses to make	7876
a contribution or an expenditure shall contain the full name and	7877
address of the committee and the registration number assigned to	7878
the committee under division (D)(1) of this section.	7879

(F) As used in this section:

7880

(1)(a) Except as otherwise provided in division (F)(1) of	7881
this section, "address" means all of the following if they exist:	7882
apartment number, street, road, or highway name and number, rural	7883
delivery route number, city or village, state, and zip code as	7884
used in a person's post-office address, but not post-office box.	7885

(b) Except as otherwise provided in division (F)(1) of this	7886
section, if an address is required in this section, a post-office	7887
box and office, room, or suite number may be included in addition	7888
to, but not in lieu of, an apartment, street, road, or highway	7889
name and number.	7890

(c) If an address is required in this section, a campaign	7891
committee, political action committee, legislative campaign fund,	7892
political party, or political contributing entity may use the	7893
business or residence address of its treasurer or deputy	7894
treasurer. The post-office box number of the campaign committee,	7895
political action committee, legislative campaign fund, political	7896
party, or political contributing entity may be used in addition to	7897
that address.	7898

(d) For the sole purpose of a campaign committee's reporting	7899
of contributions on a statement of contributions received under	7900
division (B)(4) of this section, "address" has one of the	7901
following meanings at the option of the campaign committee:	7902

(i) The same meaning as in division (F)(1)(a) of this	7903
section;	7904

(ii) All of the following, if they exist: the contributor's	7905
post-office box number and city or village, state, and zip code as	7906
used in the contributor's post-office address.	7907

(e) As used with regard to the reporting under this section	7908
of any expenditure, "address" means all of the following if they	7909
exist: apartment number, street, road, or highway name and number,	7910
rural delivery route number, city or village, state, and zip code	7911
as used in a person's post-office address, or post-office box. If	7912
an address concerning any expenditure is required in this section,	7913
a campaign committee, political action committee, legislative	7914
campaign fund, political party, or political contributing entity	7915
may use the business or residence address of its treasurer or	7916
deputy treasurer or its post-office box number.	7917

(2) "Statewide candidate" means the joint candidates for the	7918
offices of governor and lieutenant governor or a candidate for the	7919
office of secretary of state, auditor of state, treasurer of	7920
state, attorney general, member of the state board of education,	7921
chief justice of the supreme court, or justice of the supreme	7922
court.	7923

(3) "Candidate for county office" means a candidate for the	7924
office of county auditor, county treasurer, clerk of the court of	7925
common pleas, judge of the court of common pleas, sheriff, county	7926
recorder, county engineer, county commissioner, prosecuting	7927
attorney, or coroner.	7928

(G) An independent expenditure shall be reported whenever and	7929
in the same manner that an expenditure is required to be reported	7930
under this section and shall be reported pursuant to division	7931
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	7932

(H)(1) Except as otherwise provided in division (H)(2) of	7933
this section, if, during the combined pre-election and	7934
postelection reporting periods for an election, a campaign	7935
committee has received contributions of five hundred dollars or	7936
less and has made expenditures in the total amount of five hundred	7937
dollars or less, it may file a statement to that effect, under	7938
penalty of election falsification, in lieu of the statement	7939
required by division (A)(2) of this section. The statement shall	7940
indicate the total amount of contributions received and the total	7941
amount of expenditures made during those combined reporting	7942
periods.	7943

(2) In the case of a successful candidate at a primary	7944
election, if either the total contributions received by or the	7945
total expenditures made by the candidate's campaign committee	7946
during the preprimary, postprimary, pregeneral, and postgeneral	7947
election periods combined equal more than five hundred dollars,	7948
the campaign committee may file the statement under division	7949
(H)(1) of this section only for the primary election. The first	7950
statement that the campaign committee files in regard to the	7951
general election shall reflect all contributions received and all	7952
expenditures made during the preprimary and postprimary election	7953
periods.	7954

(3) Divisions (H)(1) and (2) of this section do not apply if	7955
a campaign committee receives contributions or makes expenditures	7956
prior to the first day of January of the year of the election at	7957
which the candidate seeks nomination or election to office or if	7958
the campaign committee does not file a termination statement with	7959
its postprimary election statement in the case of an unsuccessful	7960
primary election candidate or with its postgeneral election	7961
statement in the case of other candidates.	7962

(I) In the case of a contribution made by a partner of a	7963
partnership or an owner or a member of another unincorporated	7964
business from any funds of the partnership or other unincorporated	7965
business, all of the following apply:	7966

(1) The recipient of the contribution shall report the	7967
contribution by listing both the partnership or other	7968
unincorporated business and the name of the partner, owner, or	7969
member making the contribution.	7970

(2) In reporting the contribution, the recipient of the	7971
contribution shall be entitled to conclusively rely upon the	7972
information provided by the partnership or other unincorporated	7973
business, provided that the information includes one of the	7974
following:	7975

(a) The name of each partner, owner, or member as of the date	7976
of the contribution or contributions, and a statement that the	7977
total contributions are to be allocated equally among all of the	7978
partners, owners, or members; or	7979

(b) The name of each partner, owner, or member as of the date	7980
of the contribution or contributions who is participating in the	7981
contribution or contributions, and a statement that the	7982
contribution or contributions are to be allocated to those	7983
individuals in accordance with the information provided by the	7984
partnership or other unincorporated business to the recipient of	7985
the contribution.	7986

(3) For purposes of section 3517.102 of the Revised Code, the	7987
contribution shall be considered to have been made by the partner,	7988
owner, or member reported under division (I)(1) of this section.	7989

(4) No contribution from a partner of a partnership or an	7990
owner or a member of another unincorporated business shall be	7991
accepted from any funds of the partnership or other unincorporated	7992
business unless the recipient reports the contribution under	7993
division (I)(1) of this section together with the information	7994
provided under division (I)(2) of this section.	7995

(5) No partnership or other unincorporated business shall	7996
make a contribution or contributions solely in the name of the	7997
partnership or other unincorporated business.	7998

(6) As used in division (I) of this section, "partnership or	7999
other unincorporated business" includes, but is not limited to, a	8000
cooperative, a sole proprietorship, a general partnership, a	8001
limited partnership, a limited partnership association, a limited	8002
liability partnership, and a limited liability company.	8003

(J) A candidate shall have only one campaign committee at any	8004
given time for all of the offices for which the person is a	8005
candidate or holds office.	8006

(K)(1) In addition to filing a designation of appointment of	8007
a treasurer under division (D)(1) of this section, the campaign	8008
committee of any candidate for an elected municipal office that	8009
pays an annual amount of compensation of five thousand dollars or	8010
less, the campaign committee of any candidate for member of a	8011
board of education except member of the state board of education,	8012
or the campaign committee of any candidate for township trustee or	8013
township fiscal officer may sign, under penalty of election	8014
falsification, a certificate attesting that the committee will not	8015
accept contributions during an election period that exceed in the	8016
aggregate two thousand dollars from all contributors and one	8017
hundred dollars from any one individual, and that the campaign	8018
committee will not make expenditures during an election period	8019
that exceed in the aggregate two thousand dollars.	8020

The certificate shall be on a form prescribed by the	8021
secretary of state and shall be filed not later than ten days	8022
after the candidate files a declaration of candidacy and petition,	8023
a nominating petition, or a declaration of intent to be a write-in	8024
candidate.	8025

(2) Except as otherwise provided in division (K)(3) of this	8026
section, a campaign committee that files a certificate under	8027
division (K)(1) of this section is not required to file the	8028
statements required by division (A) of this section.	8029

(3) If, after filing a certificate under division (K)(1) of	8030
this section, a campaign committee exceeds any of the limitations	8031
described in that division during an election period, the	8032
certificate is void and thereafter the campaign committee shall	8033
file the statements required by division (A) of this section. If	8034
the campaign committee has not previously filed a statement, then	8035
on the first statement the campaign committee is required to file	8036
under division (A) of this section after the committee's	8037
certificate is void, the committee shall report all contributions	8038
received and expenditures made from the time the candidate filed	8039
the candidate's declaration of candidacy and petition, nominating	8040
petition, or declaration of intent to be a write-in candidate.	8041

(4) As used in division (K) of this section, "election	8042
period" means the period of time beginning on the day a person	8043
files a declaration of candidacy and petition, nominating	8044
petition, or declaration of intent to be a write-in candidate	8045
through the day of the election at which the person seeks	8046
nomination to office if the person is not elected to office, or,	8047
if the candidate was nominated in a primary election, the day of	8048
the election at which the candidate seeks office.	8049

(L) A political contributing entity that receives	8050
contributions from the dues, membership fees, or other assessments	8051
of its members or from its officers, shareholders, and employees	8052
may report the aggregate amount of contributions received from	8053
those contributors and the number of individuals making those	8054
contributions, for each filing period under divisions (A)(1), (2),	8055
(3), and (4) of this section, rather than reporting information as	8056
required under division (B)(4) of this section, including, when	8057
applicable, the name of the current employer, if any, of a	8058
contributor whose contribution exceeds one hundred dollars or, if	8059
such a contributor is self-employed, the contributor's occupation	8060
and the name of the contributor's business, if any. Division	8061
(B)(4) of this section applies to a political contributing entity	8062
with regard to contributions it receives from all other	8063
contributors.	8064

Sec. 3517.102.  (A) Except as otherwise provided in section	8065
3517.103 of the Revised Code, as used in this section and sections	8066
3517.103 and 3517.104 of the Revised Code:	8067

(1) "Candidate" has the same meaning as in section 3517.01 of	8068
the Revised Code but includes only candidates for the offices of	8069
governor, lieutenant governor, secretary of state, auditor of	8070
state, treasurer of state, attorney general, member of the state	8071
board of education, member of the general assembly, chief justice	8072
of the supreme court, and justice of the supreme court.	8073

(2) "Statewide candidate" or "any one statewide candidate"	8074
means the joint candidates for the offices of governor and	8075
lieutenant governor or a candidate for the office of secretary of	8076
state, auditor of state, treasurer of state, attorney general,	8077
member of the state board of education, chief justice of the	8078
supreme court, or justice of the supreme court.	8079

(3) "Senate candidate" means a candidate for the office of	8080
state senator.	8081

(4) "House candidate" means a candidate for the office of	8082
state representative.	8083

(5)(a) "Primary election period" for a candidate begins on	8084
the beginning date of the candidate's pre-filing period specified	8085
in division (A)(9) of section 3517.109 of the Revised Code and	8086
ends on the day of the primary election.	8087

(b) In regard to any candidate, the "general election period"	8088
begins on the day after the primary election immediately preceding	8089
the general election at which the candidate seeks an office	8090
specified in division (A)(1) of this section and ends on the	8091
thirty-first day of December following that general election.	8092

(6) "State candidate fund" means the state candidate fund	8093
established by a state or county political party under division	8094
(D)(3)(c) of section 3517.10 of the Revised Code.	8095

(7) "Postgeneral election statement" means the statement	8096
filed under division (A)(2) of section 3517.10 of the Revised Code	8097
by the campaign committee of a candidate after the general	8098
election in which the candidate ran for office or filed by	8099
legislative campaign fund after the general election in an	8100
even-numbered year.	8101

(8) "Contribution" means any contribution that is required to	8102
be reported in the statement of contributions under section	8103
3517.10 of the Revised Code.	8104

(9)(a) Except as otherwise provided in division (A)(9)(b) of	8105
this section and in division (F) of section 3517.103 and division	8106
(B)(3)(b) of section 3517.1010 of the Revised Code, "designated	8107
state campaign committee" means:	8108

(i) In the case of contributions to or from a state political	8109
party, a campaign committee of a statewide candidate, statewide	8110
officeholder, senate candidate, house candidate, or member of the	8111
general assembly.	8112

(ii) In the case of contributions to or from a county	8113
political party, a campaign committee of a senate candidate or	8114
house candidate whose candidacy is to be submitted to some or all	8115
of the electors in that county, or member of the general assembly	8116
whose district contains all or part of that county.	8117

(iii) In the case of contributions to or from a legislative	8118
campaign fund, a campaign committee of any of the following:	8119

(I) A senate or house candidate who, if elected, will be a	8120
member of the same party that established the legislative campaign	8121
fund and the same house with which the legislative campaign fund	8122
is associated;	8123

(II) A state senator or state representative who is a member	8124
of the same party that established the legislative campaign fund	8125
and the same house with which the legislative campaign fund is	8126
associated.	8127

(b) A campaign committee is no longer a "designated state	8128
campaign committee" after the campaign committee's candidate	8129
changes the designation of treasurer required to be filed under	8130
division (D)(1) of section 3517.10 of the Revised Code to indicate	8131
that the person intends to be a candidate for, or becomes a	8132
candidate for nomination or election to, any office that, if	8133
elected, would not qualify that candidate's campaign committee as	8134
a "designated state campaign committee" under division (A)(9)(a)	8135
of this section.	8136

(B)(1)(a) No individual who is seven years of age or older	8137
shall make a contribution or contributions aggregating more than:	8138

(i) Ten thousand dollars to the campaign committee of any one	8139
statewide candidate in a primary election period or in a general	8140
election period;	8141

(ii) Ten thousand dollars to the campaign committee of any	8142
one senate candidate in a primary election period or in a general	8143
election period;	8144

(iii) Ten thousand dollars to the campaign committee of any	8145
one house candidate in a primary election period or in a general	8146
election period;	8147

(iv) Ten thousand dollars to a county political party of the	8148
county in which the individual's designated Ohio residence is	8149
located for the party's state candidate fund in a calendar year;	8150

(v) Fifteen thousand dollars to any one legislative campaign	8151
fund in a calendar year;	8152

(vi) Thirty thousand dollars to any one state political party	8153
for the party's state candidate fund in a calendar year;	8154

(vii) Ten thousand dollars to any one political action	8155
committee in a calendar year;	8156

(viii) Ten thousand dollars to any one political contributing	8157
entity in a calendar year.	8158

(b) No individual shall make a contribution or contributions	8159
to the state candidate fund of a county political party of any	8160
county other than the county in which the individual's designated	8161
Ohio residence is located.	8162

(c) No individual who is under seven years of age shall make	8163
any contribution.	8164

(2)(a) Subject to division (D)(1) of this section, no	8165
political action committee shall make a contribution or	8166
contributions aggregating more than:	8167

(i) Ten thousand dollars to the campaign committee of any one	8168
statewide candidate in a primary election period or in a general	8169
election period;	8170

(ii) Ten thousand dollars to the campaign committee of any	8171
one senate candidate in a primary election period or in a general	8172
election period;	8173

(iii) Ten thousand dollars to the campaign committee of any	8174
one house candidate in a primary election period or in a general	8175
election period;	8176

(iv) Fifteen thousand dollars to any one legislative campaign	8177
fund in a calendar year;	8178

(v) Thirty thousand dollars to any one state political party	8179
for the party's state candidate fund in a calendar year;	8180

(vi) Ten thousand dollars to another political action	8181
committee or to a political contributing entity in a calendar	8182
year. This division does not apply to a political action committee	8183
that makes a contribution to a political action committee or a	8184
political contributing entity affiliated with it. For purposes of	8185
this division, a political action committee is affiliated with	8186
another political action committee or with a political	8187
contributing entity if they are both established, financed,	8188
maintained, or controlled by, or if they are, the same	8189
corporation, organization, labor organization, continuing	8190
association, or other person, including any parent, subsidiary,	8191
division, or department of that corporation, organization, labor	8192
organization, continuing association, or other person.	8193

(b) No political action committee shall make a contribution	8194
or contributions to a county political party for the party's state	8195
candidate fund.	8196

(3) No campaign committee shall make a contribution or	8197
contributions aggregating more than:	8198

(a) Ten thousand dollars to the campaign committee of any one	8199
statewide candidate in a primary election period or in a general	8200
election period;	8201

(b) Ten thousand dollars to the campaign committee of any one	8202
senate candidate in a primary election period or in a general	8203
election period;	8204

(c) Ten thousand dollars to the campaign committee of any one	8205
house candidate in a primary election period or in a general	8206
election period;	8207

(d) Ten thousand dollars to any one political action	8208
committee in a calendar year;	8209

(e) Ten thousand dollars to any one political contributing	8210
entity in a calendar year.	8211

(4)(a) Subject to division (D)(3) of this section, no	8212
political party shall make a contribution or contributions	8213
aggregating more than ten thousand dollars to any one political	8214
action committee or to any one political contributing entity in a	8215
calendar year.	8216

(b) No county political party shall make a contribution or	8217
contributions to another county political party.	8218

(5)(a) Subject to division (B)(5)(b) of this section, no	8219
campaign committee, other than a designated state campaign	8220
committee, shall make a contribution or contributions aggregating	8221
in a calendar year more than:	8222

(i) Thirty thousand dollars to any one state political party	8223
for the party's state candidate fund;	8224

(ii) Fifteen thousand dollars to any one legislative campaign	8225
fund;	8226

(iii) Ten thousand dollars to any one county political party	8227
for the party's state candidate fund.	8228

(b) No campaign committee shall make a contribution or	8229
contributions to a county political party for the party's state	8230
candidate fund unless one of the following applies:	8231

(i) The campaign committee's candidate will appear on a	8232
ballot in that county.	8233

(ii) The campaign committee's candidate is the holder of an	8234
elected public office that represents all or part of the	8235
population of that county at the time the contribution is made.	8236

(6)(a) No state candidate fund of a county political party	8237
shall make a contribution or contributions, except a contribution	8238
or contributions to a designated state campaign committee, in a	8239
primary election period or a general election period, aggregating	8240
more than:	8241

(i) Two hundred fifty thousand dollars to the campaign	8242
committee of any one statewide candidate;	8243

(ii) Ten thousand dollars to the campaign committee of any	8244
one senate candidate;	8245

(iii) Ten thousand dollars to the campaign committee of any	8246
one house candidate.	8247

(b)(i) No state candidate fund of a state or county political	8248
party shall make a transfer or a contribution or transfers or	8249
contributions of cash or cash equivalents to a designated state	8250
campaign committee in a primary election period or in a general	8251
election period aggregating more than:	8252

(I) Five hundred thousand dollars to the campaign committee	8253
of any one statewide candidate;	8254

(II) One hundred thousand dollars to the campaign committee	8255
of any one senate candidate;	8256

(III) Fifty thousand dollars to the campaign committee of any	8257
one house candidate.	8258

(ii) No legislative campaign fund shall make a transfer or a	8259
contribution or transfers or contributions of cash or cash	8260
equivalents to a designated state campaign committee aggregating	8261
more than:	8262

(I) Fifty thousand dollars in a primary election period or	8263
one hundred thousand dollars in a general election period to the	8264
campaign committee of any one senate candidate;	8265

(II) Twenty-five thousand dollars in a primary election	8266
period or fifty thousand dollars in a general election period to	8267
the campaign committee of any one house candidate.	8268

(iii) As used in divisions (B)(6)(b) and (C)(6) of this	8269
section, "transfer or contribution of cash or cash equivalents"	8270
does not include any in-kind contributions.	8271

(c) A county political party that has no state candidate fund	8272
and that is located in a county having a population of less than	8273
one hundred fifty thousand may make one or more contributions from	8274
other accounts to any one statewide candidate or to any one	8275
designated state campaign committee that do not exceed, in the	8276
aggregate, two thousand five hundred dollars in any primary	8277
election period or general election period. As used in this	8278
division, "other accounts" does not include an account that	8279
contains the public moneys received from the Ohio political party	8280
fund under section 3517.17 of the Revised Code.	8281

(d) No legislative campaign fund shall make a contribution,	8282
other than to a designated state campaign committee or to the	8283
state candidate fund of a political party.	8284

(7)(a) Subject to division (D)(1) of this section, no	8285
political contributing entity shall make a contribution or	8286
contributions aggregating more than:	8287

(i) Ten thousand dollars to the campaign committee of any one	8288
statewide candidate in a primary election period or in a general	8289
election period;	8290

(ii) Ten thousand dollars to the campaign committee of any	8291
one senate candidate in a primary election period or in a general	8292
election period;	8293

(iii) Ten thousand dollars to the campaign committee of any	8294
one house candidate in a primary election period or in a general	8295
election period;	8296

(iv) Fifteen thousand dollars to any one legislative campaign	8297
fund in a calendar year;	8298

(v) Thirty thousand dollars to any one state political party	8299
for the party's state candidate fund in a calendar year;	8300

(vi) Ten thousand dollars to another political contributing	8301
entity or to a political action committee in a calendar year. This	8302
division does not apply to a political contributing entity that	8303
makes a contribution to a political contributing entity or a	8304
political action committee affiliated with it. For purposes of	8305
this division, a political contributing entity is affiliated with	8306
another political contributing entity or with a political action	8307
committee if they are both established, financed, maintained, or	8308
controlled by, or if they are, the same corporation, organization,	8309
labor organization, continuing association, or other person,	8310
including any parent, subsidiary, division, or department of that	8311
corporation, organization, labor organization, continuing	8312
association, or other person.	8313

(b) No political contributing entity shall make a	8314
contribution or contributions to a county political party for the	8315
party's state candidate fund.	8316

(C)(1)(a) Subject to division (D)(1) of this section, no	8317
campaign committee of a statewide candidate shall do any of the	8318
following:	8319

(i) Knowingly accept a contribution or contributions from any	8320
individual who is under seven years of age;	8321

(ii) Accept a contribution or contributions aggregating more	8322
than ten thousand dollars from any one individual who is seven	8323
years of age or older, from any one political action committee,	8324
from any one political contributing entity, or from any one other	8325
campaign committee in a primary election period or in a general	8326
election period;	8327

(iii) Accept a contribution or contributions aggregating more	8328
than two hundred fifty thousand dollars from any one or	8329
combination of state candidate funds of county political parties	8330
in a primary election period or in a general election period.	8331

(b) No campaign committee of a statewide candidate shall	8332
accept a contribution or contributions aggregating more than two	8333
thousand five hundred dollars in a primary election period or in a	8334
general election period from a county political party that has no	8335
state candidate fund and that is located in a county having a	8336
population of less than one hundred fifty thousand.	8337

(2)(a) Subject to division (D)(1) of this section and except	8338
for a designated state campaign committee, no campaign committee	8339
of a senate candidate shall do either of the following:	8340

(i) Knowingly accept a contribution or contributions from any	8341
individual who is under seven years of age;	8342

(ii) Accept a contribution or contributions aggregating more	8343
than ten thousand dollars from any one individual who is seven	8344
years of age or older, from any one political action committee,	8345
from any one political contributing entity, from any one state	8346
candidate fund of a county political party, or from any one other	8347
campaign committee in a primary election period or in a general	8348
election period.	8349

(b) No campaign committee of a senate candidate shall accept	8350
a contribution or contributions aggregating more than two thousand	8351
five hundred dollars in a primary election period or in a general	8352
election period from a county political party that has no state	8353
candidate fund and that is located in a county having a population	8354
of less than one hundred fifty thousand.	8355

(3)(a) Subject to division (D)(1) of this section and except	8356
for a designated state campaign committee, no campaign committee	8357
of a house candidate shall do either of the following:	8358

(i) Knowingly accept a contribution or contributions from any	8359
individual who is under seven years of age;	8360

(ii) Accept a contribution or contributions aggregating more	8361
than ten thousand dollars from any one individual who is seven	8362
years of age or older, from any one political action committee,	8363
from any one political contributing entity, from any one state	8364
candidate fund of a county political party, or from any one other	8365
campaign committee in a primary election period or in a general	8366
election period.	8367

(b) No campaign committee of a house candidate shall accept a	8368
contribution or contributions aggregating more than two thousand	8369
five hundred dollars in a primary election period or in a general	8370
election period from a county political party that has no state	8371
candidate fund and that is located in a county having a population	8372
of less than one hundred fifty thousand.	8373

(4)(a)(i) Subject to division (C)(4)(a)(ii) of this section	8374
and except for a designated state campaign committee, no county	8375
political party shall knowingly accept a contribution or	8376
contributions from any individual who is under seven years of age,	8377
or accept a contribution or contributions for the party's state	8378
candidate fund aggregating more than ten thousand dollars from any	8379
one individual whose designated Ohio residence is located within	8380
that county and who is seven years of age or older or from any one	8381
campaign committee in a calendar year.	8382

(ii) Subject to division (D)(1) of this section, no county	8383
political party shall accept a contribution or contributions for	8384
the party's state candidate fund from any individual whose	8385
designated Ohio residence is located outside of that county and	8386
who is seven years of age or older, from any campaign committee	8387
unless the campaign committee's candidate will appear on a ballot	8388
in that county or unless the campaign committee's candidate is the	8389
holder of an elected public office that represents all or part of	8390
the population of that county at the time the contribution is	8391
accepted, or from any political action committee or any political	8392
contributing entity.	8393

(iii) No county political party shall accept a contribution	8394
or contributions from any other county political party.	8395

(b) Subject to division (D)(1) of this section, no state	8396
political party shall do either of the following:	8397

(i) Knowingly accept a contribution or contributions from any	8398
individual who is under seven years of age;	8399

(ii) Accept a contribution or contributions for the party's	8400
state candidate fund aggregating more than thirty thousand dollars	8401
from any one individual who is seven years of age or older, from	8402
any one political action committee, from any one political	8403
contributing entity, or from any one campaign committee, other	8404
than a designated state campaign committee, in a calendar year.	8405

(5) Subject to division (D)(1) of this section, no	8406
legislative campaign fund shall do either of the following:	8407

(a) Knowingly accept a contribution or contributions from any	8408
individual who is under seven years of age;	8409

(b) Accept a contribution or contributions aggregating more	8410
than fifteen thousand dollars from any one individual who is seven	8411
years of age or older, from any one political action committee,	8412
from any one political contributing entity, or from any one	8413
campaign committee, other than a designated state campaign	8414
committee, in a calendar year.	8415

(6)(a) No designated state campaign committee shall accept a	8416
transfer or contribution of cash or cash equivalents from a state	8417
candidate fund of a state political party aggregating in a primary	8418
election period or a general election period more than:	8419

(i) Five hundred thousand dollars, in the case of a campaign	8420
committee of a statewide candidate;	8421

(ii) One hundred thousand dollars, in the case of a campaign	8422
committee of a senate candidate;	8423

(iii) Fifty thousand dollars, in the case of a campaign	8424
committee of a house candidate.	8425

(b) No designated state campaign committee shall accept a	8426
transfer or contribution of cash or cash equivalents from a	8427
legislative campaign fund aggregating more than:	8428

(i) Fifty thousand dollars in a primary election period or	8429
one hundred thousand dollars in a general election period, in the	8430
case of a campaign committee of a senate candidate;	8431

(ii) Twenty-five thousand dollars in a primary election	8432
period or fifty thousand dollars in a general election period, in	8433
the case of a campaign committee of a house candidate.	8434

(c) No campaign committee of a candidate for the office of	8435
member of the general assembly, including a designated state	8436
campaign committee, shall accept a transfer or contribution of	8437
cash or cash equivalents from any one or combination of state	8438
candidate funds of county political parties aggregating in a	8439
primary election period or a general election period more than:	8440

(i) One hundred thousand dollars, in the case of a campaign	8441
committee of a senate candidate;	8442

(ii) Fifty thousand dollars, in the case of a campaign	8443
committee of a house candidate.	8444

(7)(a) Subject to division (D)(3) of this section, no	8445
political action committee and no political contributing entity	8446
shall do either of the following:	8447

(i) Knowingly accept a contribution or contributions from any	8448
individual who is under seven years of age;	8449

(ii) Accept a contribution or contributions aggregating more	8450
than ten thousand dollars from any one individual who is seven	8451
years of age or older, from any one campaign committee, or from	8452
any one political party in a calendar year.	8453

(b) Subject to division (D)(1) of this section, no political	8454
action committee shall accept a contribution or contributions	8455
aggregating more than ten thousand dollars from another political	8456
action committee or from a political contributing entity in a	8457
calendar year. Subject to division (D)(1) of this section, no	8458
political contributing entity shall accept a contribution or	8459
contributions aggregating more than ten thousand dollars from	8460
another political contributing entity or from a political action	8461
committee in a calendar year. This division does not apply to a	8462
political action committee or political contributing entity that	8463
accepts a contribution from a political action committee or	8464
political contributing entity affiliated with it. For purposes of	8465
this division, a political action committee is affiliated with	8466
another political action committee or with a political	8467
contributing entity if they are both established, financed,	8468
maintained, or controlled by the same corporation, organization,	8469
labor organization, continuing association, or other person,	8470
including any parent, subsidiary, division, or department of that	8471
corporation, organization, labor organization, continuing	8472
association, or other person.	8473

(D)(1)(a) For purposes of the limitations prescribed in	8474
division (B)(2) of this section and the limitations prescribed in	8475
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section,	8476
whichever is applicable, all contributions made by and all	8477
contributions accepted from political action committees that are	8478
established, financed, maintained, or controlled by, or that are,	8479
the same corporation, organization, labor organization, continuing	8480
association, or other person, including any parent, subsidiary,	8481
division, or department of that corporation, organization, labor	8482
organization, continuing association, or other person, are	8483
considered to have been made by or accepted from a single	8484
political action committee.	8485

(b) For purposes of the limitations prescribed in division	8486
(B)(7) of this section and the limitations prescribed in divisions	8487
(C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever	8488
is applicable, all contributions made by and all contributions	8489
accepted from political contributing entities that are	8490
established, financed, maintained, or controlled by, or that are,	8491
the same corporation, organization, labor organization, continuing	8492
association, or other person, including any parent, subsidiary,	8493
division, or department of that corporation, organization, labor	8494
organization, continuing association, or other person, are	8495
considered to have been made by or accepted from a single	8496
political contributing entity.	8497

(2) As used in divisions (B)(1)(a)(vii), (B)(3)(d),	8498
(B)(4)(a), and (C)(7) of this section, "political action	8499
committee" does not include a political action committee that is	8500
organized to support or oppose a ballot issue or question and that	8501
makes no contributions to or expenditures on behalf of a political	8502
party, campaign committee, legislative campaign fund, political	8503
action committee, or political contributing entity. As used in	8504
divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of	8505
this section, "political contributing entity" does not include a	8506
political contributing entity that is organized to support or	8507
oppose a ballot issue or question and that makes no contributions	8508
to or expenditures on behalf of a political party, campaign	8509
committee, legislative campaign fund, political action committee,	8510
or political contributing entity.	8511

(3) For purposes of the limitations prescribed in divisions	8512
(B)(4) and (C)(7)(a) of this section, all contributions made by	8513
and all contributions accepted from a national political party, a	8514
state political party, and a county political party are considered	8515
to have been made by or accepted from a single political party and	8516
shall be combined with each other to determine whether the	8517
limitations have been exceeded.	8518

(E)(1) If a legislative campaign fund has kept a total amount	8519
of contributions exceeding one hundred fifty thousand dollars at	8520
the close of business on the seventh day before the postgeneral	8521
election statement is required to be filed under section 3517.10	8522
of the Revised Code, the legislative campaign fund shall comply	8523
with division (E)(2) of this section.	8524

(2)(a) Any legislative campaign fund that has kept a total	8525
amount of contributions in excess of the amount specified in	8526
division (E)(1) of this section at the close of business on the	8527
seventh day before the postgeneral election statement is required	8528
to be filed under section 3517.10 of the Revised Code shall	8529
dispose of the excess amount in the manner prescribed in division	8530
(E)(2)(b)(i), (ii), or (iii) of this section not later than ninety	8531
days after the day the postgeneral election statement is required	8532
to be filed under section 3517.10 of the Revised Code. Any	8533
legislative campaign fund that is required to dispose of an excess	8534
amount of contributions under this division shall file a statement	8535
on the ninetieth day after the postgeneral election statement is	8536
required to be filed under section 3517.10 of the Revised Code	8537
indicating the total amount of contributions the fund has at the	8538
close of business on the seventh day before the postgeneral	8539
election statement is required to be filed under section 3517.10	8540
of the Revised Code and that the excess contributions were	8541
disposed of pursuant to this division and division (E)(2)(b) of	8542
this section. The statement shall be on a form prescribed by the	8543
secretary of state and shall contain any additional information	8544
the secretary of state considers necessary.	8545

(b) Any legislative campaign fund that is required to dispose	8546
of an excess amount of contributions under division (E)(2) of this	8547
section shall dispose of that excess amount by doing any of the	8548
following:	8549

(i) Giving the amount to the treasurer of state for deposit	8550
into the state treasury to the credit of the Ohio elections	8551
commission fund created by division (I) of section 3517.152 of the	8552
Revised Code;	8553

(ii) Giving the amount to individuals who made contributions	8554
to that legislative campaign fund as a refund of all or part of	8555
their contributions;	8556

(iii) Giving the amount to a corporation that is exempt from	8557
federal income taxation under subsection 501(a) and described in	8558
subsection 501(c) of the Internal Revenue Code.	8559

(F)(1) No legislative campaign fund shall fail to file a	8560
statement required by division (E) of this section.	8561

(2) No legislative campaign fund shall fail to dispose of	8562
excess contributions as required by division (E) of this section.	8563

(G) Nothing in this section shall affect, be used in	8564
determining, or supersede a limitation on campaign contributions	8565
as provided for in the Federal Election Campaign Act.	8566

Sec. 3517.103.  (A)(1) For purposes of this section:

8567

(a) "Statewide candidate" means the joint candidates for the	8568
offices of governor and lieutenant governor or a candidate for the	8569
office of secretary of state, auditor of state, treasurer of	8570
state, attorney general, or member of the state board of	8571
education.	8572

(b)(i) "Personal funds" means contributions to the campaign	8573
committee of a candidate by the candidate or by the candidate's	8574
spouse, parents, children, sons-in-law, daughters-in-law,	8575
brothers, sisters, grandparents, mother-in-law, father-in-law,	8576
brothers-in-law, sisters-in-law, or grandparents by marriage.	8577

(ii) A loan obtained by, guaranteed by, or for the benefit of	8578
a statewide candidate, senate candidate, or house candidate shall	8579
be considered "personal funds" subject to the provisions of this	8580
section and section 3517.1010 of the Revised Code to the extent	8581
that the loan is obtained or guaranteed by the candidate or is for	8582
the benefit of the candidate and is obtained or guaranteed by the	8583
candidate's spouse, parents, children, sons-in-law,	8584
daughters-in-law, brothers, sisters, grandparents, mother-in-law,	8585
father-in-law, brothers-in-law, sisters-in-law, or grandparents by	8586
marriage. A loan that is obtained or guaranteed and that is for	8587
the benefit of a statewide candidate, senate candidate, or house	8588
candidate shall not be considered "personal funds" for the	8589
purposes of this section and section 3517.1010 of the Revised Code	8590
but shall be considered to be a "contribution" for the purposes of	8591
this chapter if the loan is obtained or guaranteed by anyone other	8592
than the candidate or the candidate's spouse, parents, children,	8593
sons-in-law, daughters-in-law, brothers, sisters, grandparents,	8594
mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or	8595
grandparents by marriage.	8596

(iii) When a debt or other obligation incurred by a committee	8597
or by a candidate on behalf of the candidate's committee described	8598
in division (C)(1) or (2) of this section is to be paid from	8599
"personal funds," those funds are considered to be expended when	8600
the debt or other obligation is incurred, regardless of when it is	8601
paid.	8602

(2) For purposes of this chapter, a candidate is an	8603
"opponent" when the candidate has indicated on the candidate's	8604
most recently filed designation of treasurer that the candidate	8605
seeks the same office at the same primary or general election as	8606
another candidate whose campaign committee has filed a personal	8607
funds notice required by division (C)(1) or (2) of this section.	8608

(B)(1) Except as otherwise provided in division (B)(2) of	8609
this section, no statewide candidate or candidate for the office	8610
of member of the general assembly shall make an expenditure of	8611
personal funds to influence the results of an election for that	8612
candidate's nomination or election to office unless the personal	8613
funds are first deposited into the campaign fund of that	8614
candidate's campaign committee.	8615

(2) A statewide candidate or candidate for the office of	8616
member of the general assembly may make an expenditure of personal	8617
funds without first depositing those funds into the campaign	8618
committee's funds as long as the aggregate total of those	8619
expenditures does not exceed five hundred dollars at any time	8620
during an election period. After the candidate's campaign	8621
committee reimburses the candidate for any direct expenditure of	8622
personal funds, the amount that was reimbursed is no longer	8623
included in the aggregate total of expenditures of personal funds	8624
subject to the five-hundred-dollar limit.	8625

(C)(1) If the campaign committee of any statewide candidate	8626
has received or expended or expects to expend more than one	8627
hundred thousand dollars of personal funds during a primary	8628
election period or one hundred fifty thousand dollars of personal	8629
funds during a general election period, the campaign committee	8630
shall file a personal funds notice in the manner provided in	8631
division (C)(3) of this section indicating that the committee has	8632
received or expended or expects to expend more than that amount.	8633
For the purpose of this division, a joint team of candidates for	8634
governor and lieutenant governor shall be considered a single	8635
candidate and their personal funds shall be combined.	8636

(2) If the campaign committee of any senate candidate or	8637
house candidate has received or expended or expects to expend more	8638
than twenty-five thousand dollars of personal funds during a	8639
primary election period or twenty-five thousand dollars of	8640
personal funds during a general election period, the campaign	8641
committee shall file a personal funds notice in the manner	8642
provided in division (C)(3) of this section indicating that the	8643
committee has received or expended or expects to expend more than	8644
that amount.	8645

(3) The personal funds notice required in divisions (C)(1)	8646
and (2) of this section and the declaration of no limits required	8647
under division (D)(2) of this section shall be on a form	8648
prescribed by the secretary of state. The personal funds notice	8649
required in divisions (C)(1) and (2) of this section shall be	8650
filed not later than the earlier of the following times:	8651

(a) One hundred twenty days before a primary election, in the	8652
case of personal funds received, expended, or expected to be	8653
expended during a primary election period, or not later than one	8654
hundred twenty days before a general election, in the case of	8655
personal funds received, expended, or expected to be expended	8656
during a general election period;	8657

(b) Two business days after the candidate's campaign	8658
committee receives or makes an expenditure of personal funds or	8659
the candidate makes an expenditure of personal funds on behalf of	8660
the candidate's campaign committee during that election period	8661
that exceed, in the aggregate, the amount specified in division	8662
(C)(1) or (2) of this section.	8663

The personal funds notice required under divisions (C)(1) and	8664
(2) of this section and the declaration of no limits required	8665
under division (D)(2) of this section shall be filed wherever the	8666
campaign committee files statements of contributions and	8667
expenditures under section 3517.11 of the Revised Code. The board	8668
of elections shall send to the secretary of state a copy of any	8669
personal funds notice or declaration of no limits filed by the	8670
campaign committee of a senate candidate or house candidate under	8671
division (C)(3) or (D)(2) of this section.	8672

(D)(1) Whenever a campaign committee files a notice under	8673
division (C)(1) or (2) of this section, and the campaign committee	8674
of an opponent files a declaration of no limits pursuant to	8675
division (D)(2) of this section within thirty days of the filing	8676
of the personal funds notice under division (C)(1) or (2) of this	8677
section, the contribution limitations prescribed in section	8678
3517.102 of the Revised Code no longer apply to the campaign	8679
committee of the candidate's opponent.	8680

(2) No campaign committee of a candidate described in	8681
division (D)(1) of this section shall accept any contribution or	8682
contributions from a contributor that exceed the limitations	8683
prescribed in section 3517.102 of the Revised Code until the	8684
committee files a declaration that the committee will accept	8685
contributions that exceed those limitations. This declaration	8686
shall be filed not later than thirty days after a candidate's	8687
opponent has filed a personal funds notice pursuant to division	8688
(C)(1) or (2) of section 3517.103 of the Revised Code, shall be	8689
referred to as the "declaration of no limits," and shall list all	8690
of the following:	8691

(a) The amount of cash on hand in the candidate's campaign	8692
fund at the end of the day immediately preceding the day on which	8693
the candidate's campaign committee files the declaration of no	8694
limits;	8695

(b) The value and description of all campaign assets worth	8696
five hundred dollars or more available to the candidate at the end	8697
of the day immediately preceding the day on which the candidate's	8698
campaign committee files the declaration of no limits.	8699

(3) A candidate who was not an opponent of a candidate who	8700
filed the personal funds notice required under division (C)(3) of	8701
this section on the date the personal funds notice was filed may	8702
file the declaration of no limits pursuant to division (D)(2) of	8703
this section within thirty days after becoming an opponent of the	8704
candidate who filed the personal funds notice.	8705

(4) If the candidate whose campaign committee filed a	8706
personal funds notice under division (C)(1) or (2) of this section	8707
fails to file a declaration of candidacy for the office listed on	8708
the designation of treasurer filed under division (D) of section	8709
3517.10 of the Revised Code or files a declaration of candidacy or	8710
nominating petition for that office and dies or withdraws, both of	8711
the following apply to the campaign committee of that candidate's	8712
opponent if the opponent has filed a declaration of no limits	8713
pursuant to division (D) of this section:	8714

(a) No contribution from a contributor may thereafter be	8715
accepted that, when added to the aggregate total of all	8716
contributions received by that committee from that contributor	8717
during the primary election period or general election period,	8718
whichever is applicable, would cause that committee to exceed the	8719
contribution limitations prescribed in section 3517.102 of the	8720
Revised Code for the applicable election period.	8721

(b) The statement of primary-day finances or the year-end	8722
statement required to be filed under division (E) of section	8723
3517.1010 of the Revised Code shall be filed not later than	8724
fourteen days after the date the candidate's opponent fails to	8725
file a declaration of candidacy or nominating petition by the	8726
appropriate filing deadline, or dies or withdraws. For purposes of	8727
calculating permitted funds under division (A)(4) of section	8728
3517.1010 of the Revised Code, the primary or general election	8729
period, whichever is applicable, shall be considered to have ended	8730
on the filing deadline, in the case of an opponent who fails to	8731
file a declaration of candidacy or nominating petition, or on the	8732
date of the opponent's death or withdrawal. In such an event, the	8733
filing of a statement of primary-day finances or year-end finances	8734
and the disposing of any excess funds as required under division	8735
(B) of section 3517.1010 of the Revised Code satisfies the	8736
candidate's obligation to file such a statement for that election	8737
period.	8738

(E)(1) No campaign committee shall fail to file a personal	8739
funds notice as required under division (C)(1) or (2) of this	8740
section.	8741

(2) No campaign committee shall accept any contribution in	8742
excess of the contribution limitations prescribed in section	8743
3517.102 of the Revised Code:	8744

(a) Unless a declaration of no limits has been filed under	8745
division (D)(2) of this section;	8746

(b) In violation of division (D)(4) of this section once the	8747
candidate who filed a personal funds notice under division (C)(3)	8748
of this section fails to file a declaration of candidacy or	8749
nominating petition or that candidate dies or withdraws.	8750

(3) No campaign committee that violates division (E)(1) of	8751
this section shall expend any personal funds in excess of the	8752
amount specified in division (C)(1) or (2) of this section,	8753
whichever is appropriate to the committee.	8754

(4) The candidate of any campaign committee that violates	8755
division (E) of this section shall forfeit the candidate's	8756
nomination, if the candidate was nominated, or the office to which	8757
the candidate was elected, if the candidate was elected to office.	8758

(F)(1) Whenever a campaign committee files a notice under	8759
division (C)(1) or (2) of this section or whenever the	8760
contribution limitations prescribed in section 3517.102 of the	8761
Revised Code do not apply to a campaign committee under division	8762
(D)(1) of this section, that committee is not a designated state	8763
campaign committee for the purpose of the limitations prescribed	8764
in section 3517.102 of the Revised Code with regard to	8765
contributions made by that campaign committee to a legislative	8766
campaign fund or to a state candidate fund of a state or county	8767
political party.	8768

(2) Division (F)(1) of this section no longer applies to a	8769
campaign committee after both of the following occur:	8770

(a) The primary or general election period during which the	8771
contribution limitations prescribed in section 3517.102 of the	8772
Revised Code did not apply after being removed pursuant to	8773
division (D) of this section has expired;	8774

(b) When the campaign committee has disposed of all excess	8775
funds and excess aggregate contributions as required under section	8776
3517.1010 of the Revised Code.	8777

Sec. 3517.106.  (A) As used in this section:

8778

(1) "Statewide office" means any of the offices of governor,	8779
lieutenant governor, secretary of state, auditor of state,	8780
treasurer of state, attorney general, chief justice of the supreme	8781
court, and justice of the supreme court.	8782

(2) "Addendum to a statement" includes an amendment or other	8783
correction to that statement.	8784

(B)(1) The secretary of state shall store on computer the	8785
information contained in statements of contributions and	8786
expenditures and monthly statements required to be filed under	8787
section 3517.10 of the Revised Code and in statements of	8788
independent expenditures required to be filed under section	8789
3517.105 of the Revised Code by any of the following:	8790

(a) The campaign committees of candidates for statewide	8791
office;	8792

(b) The political action committees and political	8793
contributing entities described in division (A)(1) of section	8794
3517.11 of the Revised Code;	8795

(c) Legislative campaign funds;

8796

(d) State political parties;

8797

(e) Individuals, partnerships, corporations, labor	8798
organizations, or other entities that make independent	8799
expenditures in support of or opposition to a statewide candidate	8800
or a statewide ballot issue or question;	8801

(f) The campaign committees of candidates for the office of	8802
member of the general assembly;	8803

(g) County political parties, with respect to their state	8804
candidate funds.	8805

(2) The secretary of state shall store on computer the	8806
information contained in disclosure of electioneering	8807
communications statements required to be filed under section	8808
3517.1011 of the Revised Code.	8809

(3) The secretary of state shall store on computer the	8810
information contained in deposit and disbursement statements	8811
required to be filed with the office of the secretary of state	8812
under section 3517.1012 of the Revised Code.	8813

(4) The secretary of state shall store on computer the gift	8814
and disbursement information contained in statements required to	8815
be filed with the office of the secretary of state under section	8816
3517.1013 of the Revised Code.	8817

(5) The secretary of state shall store on computer the	8818
information contained in donation and disbursement statements	8819
required to be filed with the office of the secretary of state	8820
under section 3517.1014 of the Revised Code.	8821

(C)(1) The secretary of state shall make available to the	8822
campaign committees, political action committees, political	8823
contributing entities, legislative campaign funds, political	8824
parties, individuals, partnerships, corporations, labor	8825
organizations, treasurers of transition funds, and other entities	8826
described in division (B) of this section, and to members of the	8827
news media and other interested persons, for a reasonable fee,	8828
computer programs that are compatible with the secretary of	8829
state's method of storing the information contained in the	8830
statements.	8831

(2) The secretary of state shall make the information	8832
required to be stored under division (B) of this section available	8833
on computer at the secretary of state's office so that, to the	8834
maximum extent feasible, individuals may obtain at the secretary	8835
of state's office any part or all of that information for any	8836
given year, subject to the limitation expressed in division (D) of	8837
this section.	8838

(D) The secretary of state shall keep the information stored	8839
on computer under division (B) of this section for at least six	8840
years.	8841

(E)(1) Subject to division (L) of this section and subject to	8842
the secretary of state having implemented, tested, and verified	8843
the successful operation of any system the secretary of state	8844
prescribes pursuant to division (H)(1) of this section and	8845
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8846
Code for the filing of campaign finance statements by electronic	8847
means of transmission, the campaign committee of each candidate	8848
for statewide office may file the statements prescribed by section	8849
3517.10 of the Revised Code by electronic means of transmission	8850
or, if the total amount of the contributions received or the total	8851
amount of the expenditures made by the campaign committee for the	8852
applicable reporting period as specified in division (A) of	8853
section 3517.10 of the Revised Code exceeds ten thousand dollars,	8854
shall file those statements by electronic means of transmission.	8855

Except as otherwise provided in this division, within five	8856
business days after a statement filed by a campaign committee of a	8857
candidate for statewide office is received by the secretary of	8858
state by electronic or other means of transmission, the secretary	8859
of state shall make available online to the public through the	8860
internet, as provided in division (I) of this section, the	8861
contribution and expenditure information in that statement. The	8862
secretary of state shall not make available online to the public	8863
through the internet any contribution or expenditure information	8864
contained in a statement for any candidate until the secretary of	8865
state is able to make available online to the public through the	8866
internet the contribution and expenditure information for all	8867
candidates for a particular office, or until the applicable filing	8868
deadline for that statement has passed, whichever is sooner. As	8869
soon as the secretary of state has available all of the	8870
contribution and expenditure information for all candidates for a	8871
particular office, or as soon as the applicable filing deadline	8872
for a statement has passed, whichever is sooner, the secretary of	8873
state shall simultaneously make available online to the public	8874
through the internet the information for all candidates for that	8875
office.	8876

If a statement filed by electronic means of transmission is	8877
found to be incomplete or inaccurate after the examination of the	8878
statement for completeness and accuracy pursuant to division	8879
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	8880
committee shall file by electronic means of transmission any	8881
addendum to the statement that provides the information necessary	8882
to complete or correct the statement or, if required by the	8883
secretary of state under that division, an amended statement.	8884

Within five business days after the secretary of state	8885
receives from a campaign committee of a candidate for statewide	8886
office an addendum to the statement or an amended statement by	8887
electronic or other means of transmission under this division or	8888
division (B)(3)(a) of section 3517.11 of the Revised Code, the	8889
secretary of state shall make the contribution and expenditure	8890
information in the addendum or amended statement available online	8891
to the public through the internet as provided in division (I) of	8892
this section.	8893

(2) Subject to the secretary of state having implemented,	8894
tested, and verified the successful operation of any system the	8895
secretary of state prescribes pursuant to division (H)(1) of this	8896
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8897
the Revised Code for the filing of campaign finance statements by	8898
electronic means of transmission, a political action committee and	8899
a political contributing entity described in division (B)(1)(b) of	8900
this section, a legislative campaign fund, and a state political	8901
party may file the statements prescribed by section 3517.10 of the	8902
Revised Code by electronic means of transmission or, if the total	8903
amount of the contributions received or the total amount of the	8904
expenditures made by the political action committee, political	8905
contributing entity, legislative campaign fund, or state political	8906
party for the applicable reporting period as specified in division	8907
(A) of section 3517.10 of the Revised Code exceeds ten thousand	8908
dollars, shall file those statements by electronic means of	8909
transmission.	8910

Within five business days after a statement filed by a	8911
political action committee or a political contributing entity	8912
described in division (B)(1)(b) of this section, a legislative	8913
campaign fund, or a state political party is received by the	8914
secretary of state by electronic or other means of transmission,	8915
the secretary of state shall make available online to the public	8916
through the internet, as provided in division (I) of this section,	8917
the contribution and expenditure information in that statement.	8918

If a statement filed by electronic means of transmission is	8919
found to be incomplete or inaccurate after the examination of the	8920
statement for completeness and accuracy pursuant to division	8921
(B)(3)(a) of section 3517.11 of the Revised Code, the political	8922
action committee, political contributing entity, legislative	8923
campaign fund, or state political party shall file by electronic	8924
means of transmission any addendum to the statement that provides	8925
the information necessary to complete or correct the statement or,	8926
if required by the secretary of state under that division, an	8927
amended statement.	8928

Within five business days after the secretary of state	8929
receives from a political action committee or a political	8930
contributing entity described in division (B)(1)(b) of this	8931
section, a legislative campaign fund, or a state political party	8932
an addendum to the statement or an amended statement by electronic	8933
or other means of transmission under this division or division	8934
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	8935
state shall make the contribution and expenditure information in	8936
the addendum or amended statement available online to the public	8937
through the internet as provided in division (I) of this section.	8938

(3) Subject to the secretary of state having implemented,	8939
tested, and verified the successful operation of any system the	8940
secretary of state prescribes pursuant to division (H)(1) of this	8941
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8942
the Revised Code for the filing of campaign finance statements by	8943
electronic means of transmission, a county political party shall	8944
file the statements prescribed by section 3517.10 of the Revised	8945
Code with respect to its state candidate fund by electronic means	8946
of transmission to the office of the secretary of state.	8947

Within five business days after a statement filed by a county	8948
political party with respect to its state candidate fund is	8949
received by the secretary of state by electronic means of	8950
transmission, the secretary of state shall make available online	8951
to the public through the internet, as provided in division (I) of	8952
this section, the contribution and expenditure information in that	8953
statement.	8954

If a statement is found to be incomplete or inaccurate after	8955
the examination of the statement for completeness and accuracy	8956
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	8957
Code, a county political party shall file by electronic means of	8958
transmission any addendum to the statement that provides the	8959
information necessary to complete or correct the statement or, if	8960
required by the secretary of state under that division, an amended	8961
statement.	8962

Within five business days after the secretary of state	8963
receives from a county political party an addendum to the	8964
statement or an amended statement by electronic means of	8965
transmission under this division or division (B)(3)(a) of section	8966
3517.11 of the Revised Code, the secretary of state shall make the	8967
contribution and expenditure information in the addendum or	8968
amended statement available online to the public through the	8969
internet as provided in division (I) of this section.	8970

(F)(1) Subject to division (L) of this section and subject to	8971
the secretary of state having implemented, tested, and verified	8972
the successful operation of any system the secretary of state	8973
prescribes pursuant to division (H)(1) of this section and	8974
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8975
Code for the filing of campaign finance statements by electronic	8976
means of transmission, a campaign committee of a candidate for the	8977
office of member of the general assembly or a campaign committee	8978
of a candidate for the office of judge of a court of appeals may	8979
file the statements prescribed by section 3517.10 of the Revised	8980
Code in accordance with division (A)(2) of section 3517.11 of the	8981
Revised Code or by electronic means of transmission to the office	8982
of the secretary of state or, if the total amount of the	8983
contributions received by the campaign committee for the	8984
applicable reporting period as specified in division (A) of	8985
section 3517.10 of the Revised Code exceeds ten thousand dollars,	8986
shall file those statements by electronic means of transmission to	8987
the office of the secretary of state.	8988

Except as otherwise provided in this division, within five	8989
business days after a statement filed by a campaign committee of a	8990
candidate for the office of member of the general assembly or a	8991
campaign committee of a candidate for the office of judge of a	8992
court of appeals is received by the secretary of state by	8993
electronic or other means of transmission, the secretary of state	8994
shall make available online to the public through the internet, as	8995
provided in division (I) of this section, the contribution and	8996
expenditure information in that statement. The secretary of state	8997
shall not make available online to the public through the internet	8998
any contribution or expenditure information contained in a	8999
statement for any candidate until the secretary of state is able	9000
to make available online to the public through the internet the	9001
contribution and expenditure information for all candidates for a	9002
particular office, or until the applicable filing deadline for	9003
that statement has passed, whichever is sooner. As soon as the	9004
secretary of state has available all of the contribution and	9005
expenditure information for all candidates for a particular	9006
office, or as soon as the applicable filing deadline for a	9007
statement has passed, whichever is sooner, the secretary of state	9008
shall simultaneously make available online to the public through	9009
the internet the information for all candidates for that office.	9010

If a statement filed by electronic means of transmission is	9011
found to be incomplete or inaccurate after the examination of the	9012
statement for completeness and accuracy pursuant to division	9013
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	9014
committee shall file by electronic means of transmission to the	9015
office of the secretary of state any addendum to the statement	9016
that provides the information necessary to complete or correct the	9017
statement or, if required by the secretary of state under that	9018
division, an amended statement.	9019

Within five business days after the secretary of state	9020
receives from a campaign committee of a candidate for the office	9021
of member of the general assembly or a campaign committee of a	9022
candidate for the office of judge of a court of appeals an	9023
addendum to the statement or an amended statement by electronic or	9024
other means of transmission under this division or division	9025
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	9026
state shall make the contribution and expenditure information in	9027
the addendum or amended statement available online to the public	9028
through the internet as provided in division (I) of this section.	9029

(2) If a statement, addendum, or amended statement is not	9030
filed by electronic means of transmission to the office of the	9031
secretary of state but is filed by printed version only under	9032
division (A)(2) of section 3517.11 of the Revised Code with the	9033
appropriate board of elections, the campaign committee of a	9034
candidate for the office of member of the general assembly or a	9035
campaign committee of a candidate for the office of judge of a	9036
court of appeals shall file two copies of the printed version of	9037
the statement, addendum, or amended statement with the board of	9038
elections. The board of elections shall send one of those copies	9039
by certified mail to the secretary of state before the close of	9040
business on the day the board of elections receives the statement,	9041
addendum, or amended statement.	9042

(G) Subject to the secretary of state having implemented,	9043
tested, and verified the successful operation of any system the	9044
secretary of state prescribes pursuant to division (H)(1) of this	9045
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	9046
the Revised Code for the filing of campaign finance statements by	9047
electronic means of transmission, any individual, partnership, or	9048
other entity that makes independent expenditures in support of or	9049
opposition to a statewide candidate or a statewide ballot issue or	9050
question as provided in division (B)(2)(b) or (C)(2)(b) of section	9051
3517.105 of the Revised Code may file the statement specified in	9052
that division by electronic means of transmission or, if the total	9053
amount of independent expenditures made during the reporting	9054
period under that division exceeds ten thousand dollars, shall	9055
file the statement specified in that division by electronic means	9056
of transmission.	9057

Within five business days after a statement filed by an	9058
individual, partnership, or other entity is received by the	9059
secretary of state by electronic or other means of transmission,	9060
the secretary of state shall make available online to the public	9061
through the internet, as provided in division (I) of this section,	9062
the expenditure information in that statement.	9063

If a statement filed by electronic means of transmission is	9064
found to be incomplete or inaccurate after the examination of the	9065
statement for completeness and accuracy pursuant to division	9066
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	9067
partnership, or other entity shall file by electronic means of	9068
transmission any addendum to the statement that provides the	9069
information necessary to complete or correct the statement or, if	9070
required by the secretary of state under that division, an amended	9071
statement.	9072

Within five business days after the secretary of state	9073
receives from an individual, partnership, or other entity	9074
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	9075
of the Revised Code an addendum to the statement or an amended	9076
statement by electronic or other means of transmission under this	9077
division or division (B)(3)(a) of section 3517.11 of the Revised	9078
Code, the secretary of state shall make the expenditure	9079
information in the addendum or amended statement available online	9080
to the public through the internet as provided in division (I) of	9081
this section.	9082

(H)(1) The secretary of state, by rule adopted pursuant to	9083
section 3517.23 of the Revised Code, shall prescribe one or more	9084
techniques by which a person who executes and transmits by	9085
electronic means a statement of contributions and expenditures, a	9086
statement of independent expenditures, a disclosure of	9087
electioneering communications statement, a deposit and	9088
disbursement statement, a gift and disbursement statement, or a	9089
donation and disbursement statement, an addendum to any of those	9090
statements, an amended statement of contributions and	9091
expenditures, an amended statement of independent expenditures, an	9092
amended disclosure of electioneering communications statement, an	9093
amended deposit and disbursement statement, an amended gift and	9094
disbursement statement, or an amended donation and disbursement	9095
statement, under this section or section 3517.10, 3517.105,	9096
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	9097
shall electronically sign the statement, addendum, or amended	9098
statement. Any technique prescribed by the secretary of state	9099
pursuant to this division shall create an electronic signature	9100
that satisfies all of the following:	9101

(a) It is unique to the signer.

9102

(b) It objectively identifies the signer.

9103

(c) It involves the use of a signature device or other means	9104
or method that is under the sole control of the signer and that	9105
cannot be readily duplicated or compromised.	9106

(d) It is created and linked to the electronic record to	9107
which it relates in a manner that, if the record or signature is	9108
intentionally or unintentionally changed after signing, the	9109
electronic signature is invalidated.	9110

(2) An electronic signature prescribed by the secretary of	9111
state under division (H)(1) of this section shall be attached to	9112
or associated with the statement of contributions and	9113
expenditures, the statement of independent expenditures, the	9114
disclosure of electioneering communications statement, the deposit	9115
and disbursement statement, the gift and disbursement statement,	9116
or the donation and disbursement statement, the addendum to any of	9117
those statements, the amended statement of contributions and	9118
expenditures, the amended statement of independent expenditures,	9119
the amended disclosure of electioneering communications statement,	9120
the amended deposit and disbursement statement, the amended gift	9121
and disbursement statement, or the amended donation and	9122
disbursement statement that is executed and transmitted by	9123
electronic means by the person to whom the electronic signature is	9124
attributed. The electronic signature that is attached to or	9125
associated with the statement, addendum, or amended statement	9126
under this division shall be binding on all persons and for all	9127
purposes under the campaign finance reporting law as if the	9128
signature had been handwritten in ink on a printed form.	9129

(I) The secretary of state shall make the contribution and	9130
expenditure, the contribution and disbursement, the deposit and	9131
disbursement, the gift and disbursement, or the donation and	9132
disbursement information in all statements, all addenda to the	9133
statements, and all amended statements that are filed with the	9134
secretary of state by electronic or other means of transmission	9135
under this section or section 3517.10, 3517.105, 3517.1011,	9136
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code	9137
available online to the public by any means that are searchable,	9138
viewable, and accessible through the internet.	9139

(J)(1) As used in this division, "library" means a library	9140
that is open to the public and that is one of the following:	9141

(a) A library that is maintained and regulated under section	9142
715.13 of the Revised Code;	9143

(b) A library that is created, maintained, and regulated	9144
under Chapter 3375. of the Revised Code.	9145

(2) The secretary of state shall notify all libraries of the	9146
location on the internet at which the contribution and	9147
expenditure, contribution and disbursement, deposit and	9148
disbursement, gift and disbursement, or donation and disbursement	9149
information in campaign finance statements required to be made	9150
available online to the public through the internet pursuant to	9151
division (I) of this section may be accessed.	9152

If that location is part of the world wide web and if the	9153
secretary of state has notified a library of that world wide web	9154
location as required by this division, the library shall include a	9155
link to that world wide web location on each internet-connected	9156
computer it maintains that is accessible to the public.	9157

(3) If the system the secretary of state prescribes for the	9158
filing of campaign finance statements by electronic means of	9159
transmission pursuant to division (H)(1) of this section and	9160
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	9161
Code includes filing those statements through the internet via the	9162
world wide web, the secretary of state shall notify all libraries	9163
of the world wide web location at which those statements may be	9164
filed.	9165

If those statements may be filed through the internet via the	9166
world wide web and if the secretary of state has notified a	9167
library of that world wide web location as required by this	9168
division, the library shall include a link to that world wide web	9169
location on each internet-connected computer it maintains that is	9170
accessible to the public.	9171

(K) It is an affirmative defense to a complaint or charge	9172
brought against any campaign committee, political action	9173
committee, political contributing entity, legislative campaign	9174
fund, or political party, any individual, partnership, or other	9175
entity, any person making disbursements to pay the direct costs of	9176
producing or airing electioneering communications, or any	9177
treasurer of a transition fund, for the failure to file by	9178
electronic means of transmission a campaign finance statement as	9179
required by this section or section 3517.10, 3517.105, 3517.1011,	9180
3517.1012, 3517.1013, or 3517.1014 of the Revised Code that all of	9181
the following apply to the campaign committee, political action	9182
committee, political contributing entity, legislative campaign	9183
fund, or political party, the individual, partnership, or other	9184
entity, the person making disbursements to pay the direct costs of	9185
producing or airing electioneering communications, or the	9186
treasurer of a transition fund that failed to so file:	9187

(1) The campaign committee, political action committee,	9188
political contributing entity, legislative campaign fund, or	9189
political party, the individual, partnership, or other entity, the	9190
person making disbursements to pay the direct costs of producing	9191
or airing electioneering communications, or the treasurer of a	9192
transition fund attempted to file by electronic means of	9193
transmission the required statement prior to the deadline set	9194
forth in the applicable section.	9195

(2) The campaign committee, political action committee,	9196
political contributing entity, legislative campaign fund, or	9197
political party, the individual, partnership, or other entity, the	9198
person making disbursements to pay the direct costs of producing	9199
or airing electioneering communications, or the treasurer of a	9200
transition fund was unable to file by electronic means of	9201
transmission due to an expected or unexpected shutdown of the	9202
whole or part of the electronic campaign finance statement-filing	9203
system, such as for maintenance or because of hardware, software,	9204
or network connection failure.	9205

(3) The campaign committee, political action committee,	9206
political contributing entity, legislative campaign fund, or	9207
political party, the individual, partnership, or other entity, the	9208
person making disbursements to pay the direct costs of producing	9209
or airing electioneering communications, or the treasurer of a	9210
transition fund filed by electronic means of transmission the	9211
required statement within a reasonable period of time after being	9212
unable to so file it under the circumstance described in division	9213
(K)(2) of this section.	9214

(L)(1) The secretary of state shall adopt rules pursuant to	9215
Chapter 119. of the Revised Code to permit a campaign committee of	9216
a candidate for statewide office that makes expenditures of less	9217
than twenty-five thousand dollars during the filing period or a	9218
campaign committee for the office of member of the general	9219
assembly or the office of judge of a court of appeals that would	9220
otherwise be required to file campaign finance statements by	9221
electronic means of transmission under division (E) or (F) of this	9222
section to file those statements by paper with the office of the	9223
secretary of state. Those rules shall provide for all of the	9224
following:	9225

(a) An eligible campaign committee that wishes to file a	9226
campaign finance statement by paper instead of by electronic means	9227
of transmission shall file the statement on paper with the office	9228
of the secretary of state not sooner than twenty-four hours after	9229
the end of the filing period set forth in section 3517.10 of the	9230
Revised Code that is covered by the applicable statement.	9231

(b) The statement shall be accompanied by a fee, the amount	9232
of which the secretary of state shall determine by rule. The	9233
amount of the fee established under this division shall not exceed	9234
the data entry and data verification costs the secretary of state	9235
will incur to convert the information on the statement to an	9236
electronic format as required under division (I) of this section.	9237

(c) The secretary of state shall arrange for the information	9238
in campaign finance statements filed pursuant to division (L) of	9239
this section to be made available online to the public through the	9240
internet in the same manner, and at the same times, as information	9241
is made available under divisions (E), (F), and (I) of this	9242
section for candidates whose campaign committees file those	9243
statements by electronic means of transmission.	9244

(d) The candidate of an eligible campaign committee that	9245
intends to file a campaign finance statement pursuant to division	9246
(L) of this section shall file a notice indicating that the	9247
candidate's campaign committee intends to so file and stating that	9248
filing the statement by electronic means of transmission would	9249
constitute a hardship for the candidate or for the eligible	9250
campaign committee.	9251

(e) An eligible campaign committee that files a campaign	9252
finance statement on paper pursuant to division (L) of this	9253
section shall review the contribution and information made	9254
available online by the secretary of state with respect to that	9255
paper filing and shall notify the secretary of state of any errors	9256
with respect to that filing that appear in the data made available	9257
on that web site.	9258

(f) If an eligible campaign committee whose candidate has	9259
filed a notice in accordance with rules adopted under division	9260
(L)(1)(d) of this section subsequently fails to file that	9261
statement on paper by the applicable deadline established in rules	9262
adopted under division (L)(1)(a) of this section, penalties for	9263
the late filing of the campaign finance statement shall apply to	9264
that campaign committee for each day after that paper filing	9265
deadline, as if the campaign committee had filed the statement	9266
after the applicable deadline set forth in division (A) of section	9267
3517.10 of the Revised Code.	9268

(2) The process for permitting campaign committees that would	9269
otherwise be required to file campaign finance statements by	9270
electronic means of transmission to file those statements on paper	9271
with the office of the secretary of state that is required to be	9272
developed under division (L)(1) of this section shall be in effect	9273
and available for use by eligible campaign committees for all	9274
campaign finance statements that are required to be filed on or	9275
after June 30, 2005. Notwithstanding any provision of the Revised	9276
Code to the contrary, if the process the secretary of state is	9277
required to develop under division (L)(1) of this section is not	9278
in effect and available for use on and after June 30, 2005, all	9279
penalties for the failure of campaign committees to file campaign	9280
finance statements by electronic means of transmission shall be	9281
suspended until such time as that process is in effect and	9282
available for use.	9283

(3) Notwithstanding any provision of the Revised Code to the	9284
contrary, any eligible campaign committee that files campaign	9285
finance statements on paper with the office of the secretary of	9286
state pursuant to division (L)(1) of this section shall be deemed	9287
to have filed those campaign finance statements by electronic	9288
means of transmission to the office of the secretary of state.	9289

Sec. 3517.107.  (A) As used in this section, "federal	9290
political committee" means a political committee, as defined in	9291
the Federal Election Campaign Act, that is registered with the	9292
federal election commission under that act.	9293

(B) Any federal political committee may make contributions,	9294
expenditures, or independent expenditures from its federal account	9295
in connection with any state or local election in Ohio. Prior to	9296
making any such contribution, expenditure, or independent	9297
expenditure, the federal political committee shall register with	9298
the secretary of state by filing a copy of its most recent federal	9299
statement of organization. A federal political committee	9300
registered with the secretary of state under this division shall	9301
file with the secretary of state any amendment to its statement of	9302
organization that is required under the Federal Election Campaign	9303
Act to be reported to the federal election commission.	9304

(C) When, during any federal reporting period under the	9305
Federal Election Campaign Act, a federal political committee makes	9306
a contribution, expenditure, or independent expenditure from its	9307
federal account in connection with a state or local election in	9308
Ohio, the committee shall file with the secretary of state not	9309
later than the date on which its report is required to be filed	9310
with the appropriate federal office or officer under the Federal	9311
Election Campaign Act, copies of the following pages from that	9312
report:	9313

(1) The summary page;

9314

(2) The detailed summary page;

9315

(3) The page or pages that contain an itemized list of the	9316
contributions, expenditures, and independent expenditures made in	9317
connection with state and local elections in Ohio.	9318

The total amount of contributions, expenditures, and	9319
independent expenditures made in connection with state and local	9320
elections in Ohio shall be reflected on the summary page or on a	9321
form that the secretary of state shall prescribe.	9322

(D) When, during any calendar year, a federal political	9323
committee makes a contribution from its federal account in	9324
connection with a state or local election in Ohio to a state or	9325
local political action committee that is required under section	9326
3517.11 of the Revised Code to file any statement prescribed by	9327
section 3517.10 of the Revised Code, and the federal political	9328
committee and state or local political action committee are	9329
established, financed, maintained, or controlled by the same	9330
corporation, organization, continuing association, or other	9331
person, including any parent, subsidiary, division, department, or	9332
unit of that corporation, organization, continuing association, or	9333
other person, the federal political committee shall file a	9334
statement with the secretary of state not later than the last	9335
business day of January of the next calendar year. The statement	9336
shall be on a form prescribed by the secretary of state and shall	9337
include a list of the names and addresses of contributors that are	9338
residents of Ohio that made contributions to the federal political	9339
committee during the calendar year covered by the statement and,	9340
for each name listed, the aggregate total amount contributed by	9341
each contributor during the reporting period.	9342

Sec. 3517.1010.  (A) As used in this section:

9343

(1) "Aggregate contribution," "allowable aggregate	9344
contribution," "excess aggregate contribution," and "pre-filing	9345
period" have the same meanings as in section 3517.109 of the	9346
Revised Code.	9347

(2) "Filing deadline" means the last date on which a	9348
candidacy petition may be filed for an office.	9349

(3) "Campaign asset" means prepaid, purchased, or donated	9350
assets, goods, or services available to the candidate's campaign	9351
committee on the date specified in the filing required under	9352
division (F) of this section that will be consumed, depleted, or	9353
used in the course of the candidate's election campaign,	9354
including, but not limited to, postage, rent for any campaign	9355
office, radio, television, and newspaper advertising, and	9356
consulting and personal services.	9357

(4) "Permitted funds" means one of the following:

9358

(a) In the case of a disposal of excess funds under division	9359
(B)(1) of this section, the sum of the primary carry-in amount and	9360
the product of both of the following:	9361

(i) The sum of the campaign committee's net cash on hand and	9362
the campaign committee's total reported campaign assets on the day	9363
of the primary election less the primary carry-in amount;	9364

(ii) The ratio of the sum of the allowable aggregate	9365
contributions of each contributor to the sum of all contributions	9366
received, during the period extending from the first day on which,	9367
in accordance with division (D) of section 3517.103 of the Revised	9368
Code, the contribution limitations prescribed in section 3517.102	9369
of the Revised Code no longer apply to the campaign committee	9370
through the end of the primary election period.	9371

For the purposes of division (A)(4)(a) of this section, the	9372
allowable aggregate contribution of each contributor is calculated	9373
as if the limitations on contributions prescribed in section	9374
3517.102 of the Revised Code were in effect.	9375

As used in division (A)(4)(a) of this section, "primary	9376
carry-in amount" is the sum of the campaign committee's cash on	9377
hand and reported campaign assets as reported on the campaign	9378
committee's declaration of no limits filed pursuant to division	9379
(D) of section 3517.103 of the Revised Code.	9380

(b) In the case of a disposal of excess funds under division	9381
(B)(5) of this section, the product of both of the following:	9382

(i) The sum of the cash on hand and reported campaign assets	9383
at the end of the thirty-first day of December immediately	9384
following the general election;	9385

(ii) The ratio of the sum of the allowable aggregate	9386
contributions of each contributor and the general carry-in amount	9387
to the sum of all contributions received during the general	9388
election period and the general carry-in amount.	9389

For the purposes of division (A)(4)(b) of this section, when	9390
a candidate has filed a declaration of no limits under division	9391
(D)(2) of section 3517.103 of the Revised Code, the allowable	9392
aggregate contribution calculated for each contributor is	9393
calculated as if the limitations on contributions prescribed in	9394
section 3517.102 of the Revised Code were in effect.	9395

As used in division (A)(4)(b) of this section, "general	9396
carry-in amount" is the sum of the campaign committee's reported	9397
campaign assets and net cash on hand as of the day of the primary	9398
election, after the committee has disposed of excess funds under	9399
division (B)(1) of this section, if required. "General election	9400
period" has the same meaning as in section 3517.102 of the Revised	9401
Code.	9402

(5) "Excess funds" means the amount by which the sum of the	9403
campaign committee's cash on hand on the date specified in the	9404
filing required to be made under division (F) of this section and	9405
total reported campaign assets exceeds permitted funds.	9406

(6) "Net cash on hand" means the cash on hand on the day of	9407
the primary election less the sum of all debts and obligations	9408
reported under division (F) of this section.	9409

(B)(1) Except as otherwise provided in division (G) of this	9410
section, the campaign committee of any candidate who has filed a	9411
declaration of no limits in accordance with division (D) of	9412
section 3517.103 of the Revised Code, and to which the	9413
contribution limitations prescribed in section 3517.102 of the	9414
Revised Code no longer apply during a primary election period,	9415
shall dispose of any excess funds not later than fourteen days	9416
after the day on which the primary election was held.	9417

(2) The campaign committee of any candidate that has filed a	9418
personal funds notice under division (C)(1) or (2) of section	9419
3517.103 of the Revised Code shall, at the end of the primary	9420
election period, do one of the following:	9421

(a) Return that portion of the personal funds remaining in	9422
the candidate's campaign committee fund at the end of the primary	9423
election period that are excess funds not later than fourteen days	9424
after the day on which the primary election was held;	9425

(b) Retain the personal funds remaining in the candidate's	9426
campaign committee fund at the end of the primary election period	9427
and file a statement with the secretary of state declaring that	9428
the campaign committee will retain those remaining personal funds	9429
in the committee's campaign fund and indicating the amount of	9430
remaining personal funds that would be characterized as excess	9431
funds.	9432

(3) If a campaign committee elects to retain personal funds	9433
pursuant to division (B)(2)(b) of this section, both of the	9434
following apply:	9435

(a) The amount characterized as excess funds is considered to	9436
be an expenditure of personal funds for the purpose of determining	9437
whether the amount of personal funds the campaign committee has	9438
received under division (C)(1) or (2) of section 3517.103 of the	9439
Revised Code during an election period exceeds the amounts	9440
specified in those divisions.	9441

(b) The campaign committee is not a designated state campaign	9442
committee for the purpose of making contributions to a legislative	9443
campaign fund or to the state candidate fund of a state or county	9444
political party.	9445

(4) Except as otherwise provided in division (G) of this	9446
section, the campaign committee of any candidate that has expended	9447
personal funds in excess of the amount specified in division	9448
(C)(1) or (2) of section 3517.103 of the Revised Code shall	9449
dispose of any excess funds not later than fourteen days after the	9450
day on which the primary election is held or the thirty-first day	9451
of December after the day on which the general election was held,	9452
whichever is applicable, or choose to retain personal funds under	9453
division (B)(2) of this section. The calculation of excess funds	9454
under this division shall be made in the same manner that a	9455
campaign committee is required to dispose of excess funds under	9456
division (B)(1) or (5) of this section, whichever election period	9457
is applicable. For the purposes of this division, the allowable	9458
aggregate contribution of each contributor, including one or more	9459
contributions from the candidate and from the candidate's spouse,	9460
parents, children, sons-in-law, daughters-in-law, brothers,	9461
sisters, grandparents, mothers-in-law, fathers-in-law,	9462
brothers-in-law, sisters-in-law, or grandparents by marriage, is	9463
calculated for that contributor as if the contribution limitations	9464
prescribed by section 3517.102 of the Revised Code were in effect.	9465

(5) Except as otherwise provided in division (G) of this	9466
section, the campaign committee of any candidate to which, in	9467
accordance with division (D) of section 3517.103 of the Revised	9468
Code, the contribution limitations prescribed in section 3517.102	9469
of the Revised Code no longer apply during a general election	9470
period shall dispose of any excess funds not later than the	9471
thirty-first day of December after the day on which the general	9472
election was held.	9473

(6) Notwithstanding division (B) of section 3517.109 of the	9474
Revised Code, the amount of excess aggregate contributions	9475
required to be disposed of under that division by a candidate	9476
whose contribution limitations have been reimposed pursuant to	9477
division (D)(4) of section 3517.103 of the Revised Code is limited	9478
to no more than the sum of the following:	9479

(a) The difference between the sum of the cash on hand and	9480
reported campaign assets on the date of the declaration of	9481
candidacy filing deadline, date of death, or date of withdrawal,	9482
whichever is applicable, less the sum of the cash on hand and	9483
reported campaign assets reported on the campaign committee's	9484
declaration of no limits under division (D)(2) of section 3517.103	9485
of the Revised Code;	9486

(b) The sum of the aggregate excess contributions of all	9487
contributors made from the beginning of the primary election	9488
period to the day immediately preceding the day on which	9489
contribution limitations prescribed in section 3517.102 of the	9490
Revised Code became inapplicable pursuant to division (D)(1) of	9491
section 3517.103 of the Revised Code.	9492

(C) Any campaign committee that is required to dispose of	9493
excess funds or excess aggregate contributions under division (B)	9494
of this section shall dispose of the excess amount or amounts in	9495
accordance with division (C) of section 3517.109 of the Revised	9496
Code.	9497

(D)(1) Any candidate who knowingly fails to dispose of excess	9498
funds or excess aggregate contributions as required by divisions	9499
(B) and (C) of this section, except a candidate whose campaign	9500
committee has been given a letter of substantial compliance as	9501
provided for in division (D)(2) of this section, shall not appear	9502
on the ballot, even if the candidate has been certified to appear	9503
on the ballot.	9504

(2) The secretary of state shall, after initially examining	9505
and reviewing any declaration provided for in division (F) of this	9506
section and making a determination that a campaign committee has	9507
substantially complied with the disposal requirements of division	9508
(B) of this section, promptly issue to the candidate's campaign	9509
committee a letter certifying that committee's substantial	9510
compliance.	9511

(3) The campaign committee of a candidate for state office as	9512
defined in division (A) of section 3517.109 of the Revised Code	9513
has not substantially complied with the disposal requirements of	9514
division (B) of this section if, upon initial review of a	9515
declaration filed pursuant to division (F) of this section, it is	9516
discovered that the candidate's campaign committee has failed to	9517
dispose of excess funds or excess aggregate contributions totaling	9518
in the aggregate more than ten thousand dollars.	9519

(4) The campaign committee of a candidate for member of the	9520
general assembly has not substantially complied with the disposal	9521
requirements of division (B) of this section if, upon initial	9522
review of a declaration filed pursuant to division (F) of this	9523
section, it is discovered that the candidate's campaign committee	9524
has failed to dispose of excess funds or excess aggregate	9525
contributions totaling in the aggregate more than twenty-five	9526
hundred dollars.	9527

(5) Any campaign committee that has received a letter	9528
indicating substantial compliance as provided for in division	9529
(D)(2) of this section shall, within thirty days after receiving	9530
such a letter, fully comply with the disposal requirements of	9531
division (B) of this section.	9532

(E) When the campaign committee of a candidate files a	9533
personal funds notice in accordance with division (C), or a	9534
declaration of no limits in accordance with division (D), of	9535
section 3517.103 of the Revised Code, the campaign committee of	9536
each such candidate shall file in the case of a primary election	9537
period a declaration of primary-day finances not later than	9538
fourteen days after the day on which the primary election was	9539
held, or shall file in the case of a general election period a	9540
declaration of year-end finances not later than the last business	9541
day of January of the next calendar year immediately following the	9542
day on which the general election was held.	9543

(F) The declaration of primary-day finances and declaration	9544
of year-end finances shall be filed on a form prescribed by the	9545
secretary of state and shall list all of the following:	9546

(1) The amount of net cash on hand in the candidate's	9547
campaign committee fund at the end of the day on which the primary	9548
election was held or cash on hand on the thirty-first day of	9549
December immediately following the day on which the general	9550
election was held, whichever is appropriate;	9551

(2) In the case of a declaration of primary-day finances, any	9552
debt or other obligation incurred by the committee during the	9553
primary election period and related to the primary election of the	9554
campaign committee's candidate;	9555

(3) The value and description of all campaign assets worth	9556
five hundred dollars or more available to the candidate at the end	9557
of the day on which the primary election was held or on the	9558
thirty-first day of December immediately following the day on	9559
which the general election was held;	9560

(4) The total of all aggregate contributions received by the	9561
candidate's campaign committee during the primary or general	9562
election period;	9563

(5) The total of all allowable aggregate contributions	9564
received by the candidate's campaign committee during the primary	9565
or general election period, whichever is applicable. The allowable	9566
aggregate contribution of each contributor shall be calculated as	9567
if the contribution limitations prescribed by section 3517.102 of	9568
the Revised Code were in effect.	9569

(6) A description of all excess funds and excess aggregate	9570
contributions disposed of by the candidate's campaign committee in	9571
accordance with division (B) of this section for that election.	9572

(G) The campaign committee of a candidate is not required to	9573
dispose of excess funds or excess aggregate contributions under	9574
division (B) of this section if both of the following apply:	9575

(1) The campaign committee has not accepted any aggregate	9576
contribution greater than the amount applicable under that	9577
division.	9578

(2) The campaign committee files on a form, prescribed by the	9579
secretary of state, with the official or board with which the	9580
candidate is required to file statements under section 3517.11 of	9581
the Revised Code, stating that the committee has not accepted	9582
aggregate contributions as described in division (G)(1) of this	9583
section.	9584

Sec. 3517.1011.  (A) As used in this section:

9585

(1) "Address" has the same meaning as in section 3517.10 of	9586
the Revised Code.	9587

(2) "Broadcast, cable, or satellite communication" means a	9588
communication that is publicly distributed by a television	9589
station, radio station, cable television system, or satellite	9590
system.	9591

(3) "Candidate" has the same meaning as in section 3501.01 of	9592
the Revised Code;	9593

(4) "Contribution" means any loan, gift, deposit, forgiveness	9594
of indebtedness, donation, advance, payment, or transfer of funds	9595
or of anything of value, including a transfer of funds from an	9596
inter vivos or testamentary trust or decedent's estate, and the	9597
payment by any person other than the person to whom the services	9598
are rendered for the personal services of another person, that is	9599
made, received, or used to pay the direct costs of producing or	9600
airing electioneering communications.	9601

(5)(a) "Coordinated electioneering communication" means any	9602
electioneering communication that is made pursuant to any	9603
arrangement, coordination, or direction by a candidate or a	9604
candidate's campaign committee, by an officer, agent, employee, or	9605
consultant of a candidate or a candidate's campaign committee, or	9606
by a former officer, former agent, former employee, or former	9607
consultant of a candidate or a candidate's campaign committee	9608
prior to the airing, broadcasting, or cablecasting of the	9609
communication. An electioneering communication is presumed to be a	9610
"coordinated electioneering communication" when it is either of	9611
the following:	9612

(i) Based on information about a candidate's plans, projects,	9613
or needs provided to the person making the disbursement by the	9614
candidate or the candidate's campaign committee, by an officer,	9615
agent, employee, or consultant of the candidate or the candidate's	9616
campaign committee, or by a former officer, former agent, former	9617
employee, or former consultant of the candidate or the candidate's	9618
campaign committee, with a view toward having the communication	9619
made;	9620

(ii) Made by or through any person who is, or has been,	9621
authorized to raise or expend funds on behalf of a candidate or	9622
the candidate's campaign committee, who is, or has been, an	9623
officer, agent, employee, or consultant of the candidate or of the	9624
candidate's campaign committee, or who is, or has been, receiving	9625
any form of compensation or reimbursement from the candidate or	9626
the candidate's campaign committee or from an officer, agent,	9627
employee, or consultant of the candidate or of the candidate's	9628
campaign committee.	9629

(b) An electioneering communication shall not be presumed to	9630
be a "coordinated electioneering communication" under division	9631
(A)(5)(a)(ii) of this section if the communication is made through	9632
any person who provides a service that does not affect the content	9633
of the communication, such as communications placed through the	9634
efforts of a media buyer, unless that person also affects the	9635
content of the communication.	9636

(6) "Disclosure date" means both of the following:

9637

(a) The first date during any calendar year by which a person	9638
makes disbursements for the direct costs of producing or airing	9639
electioneering communications aggregating in excess of ten	9640
thousand dollars;	9641

(b) The same day of the week of each remaining week in the	9642
same calendar year as the day of the week of the initial	9643
disclosure date established under division (A)(6)(a) of this	9644
section, if, during that remaining week, the person makes	9645
disbursements for the direct costs of producing or airing	9646
electioneering communications aggregating in excess of one dollar.	9647

(7)(a) "Electioneering communication" means any broadcast,	9648
cable, or satellite communication that refers to a clearly	9649
identified candidate and that is made during either of the	9650
following periods of time:	9651

(i) If the person becomes a candidate before the day of the	9652
primary election at which candidates will be nominated for	9653
election to that office, between the date that the person becomes	9654
a candidate and the thirtieth day prior to that primary election,	9655
and between the date of the primary election and the thirtieth day	9656
prior to the general election at which a candidate will be elected	9657
to that office;	9658

(ii) If the person becomes a candidate after the day of the	9659
primary election at which candidates were nominated for election	9660
to that office, between the date of the primary election and the	9661
thirtieth day prior to the general election at which a candidate	9662
will be elected to that office.	9663

(b) "Electioneering communication" does not include any of	9664
the following:	9665

(i) A communication that is publicly disseminated through a	9666
means of communication other than a broadcast, cable, or satellite	9667
television or radio station. For example, "electioneering	9668
communication" does not include communications appearing in print	9669
media, including a newspaper or magazine, handbill, brochure,	9670
bumper sticker, yard sign, poster, billboard, and other written	9671
materials, including mailings; communications over the internet,	9672
including electronic mail; or telephone communications.	9673

(ii) A communication that appears in a news story,	9674
commentary, public service announcement, bona fide news	9675
programming, or editorial distributed through the facilities of	9676
any broadcast, cable, or satellite television or radio station,	9677
unless those facilities are owned or controlled by any political	9678
party, political committee, or candidate;	9679

(iii) A communication that constitutes an expenditure or an	9680
independent expenditure under section 3517.01 of the Revised Code;	9681

(iv) A communication that constitutes a candidate debate or	9682
forum or that solely promotes a candidate debate or forum and is	9683
made by or on behalf of the person sponsoring the debate or forum.	9684

(8) "Filing date" has the same meaning as in section 3517.109	9685
of the Revised Code.	9686

(9) "Immigration and Nationality Act" means the Immigration	9687
and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq.,	9688
as amended.	9689

(10) "Person" has the same meaning as in section 1.59 of the	9690
Revised Code and includes any political organization considered	9691
exempt from income taxation under section 527 of the Internal	9692
Revenue Code.	9693

(11) "Political committee" means any of the following:

9694

(a) Any committee, club, association, or other group of	9695
persons that receives contributions aggregating in excess of one	9696
thousand dollars during a calendar year or that makes expenditures	9697
aggregating in excess of one thousand dollars during a calendar	9698
year;	9699

(b) Any separate segregated fund;

9700

(c) Any state, county, or local committee of a political	9701
party that does any of the following:	9702

(i) Receives contributions aggregating in excess of five	9703
thousand dollars during a calendar year;	9704

(ii) Makes payments that do not constitute contributions or	9705
expenditures aggregating in excess of five thousand dollars during	9706
a calendar year;	9707

(iii) Makes contributions or expenditures aggregating in	9708
excess of one thousand dollars during a calendar year.	9709

(12) "Publicly distributed" means aired, broadcast,	9710
cablecast, or otherwise disseminated for a fee.	9711

(13) "Refers to a clearly identified candidate" means that	9712
the candidate's name, nickname, photograph, or drawing appears, or	9713
the identity of the candidate is otherwise apparent through an	9714
unambiguous reference to the person such as "the chief justice,"	9715
"the governor," "member of the Ohio senate," "member of the Ohio	9716
house of representatives," "county auditor," "mayor," or "township	9717
trustee" or through an unambiguous reference to the person's	9718
status as a candidate.	9719

(B) For the purposes of this section, a person shall be	9720
considered to have made a disbursement if the person has entered	9721
into a contract to make the disbursement.	9722

(C) Any person intending to make a disbursement or	9723
disbursements for the direct costs of producing or airing	9724
electioneering communications, prior to making the first	9725
disbursement for the direct costs of producing or airing an	9726
electioneering communication, shall file a notice with the office	9727
of the secretary of state that the person is intending to make	9728
such disbursements.	9729

(D)(1) Every person that makes a disbursement or	9730
disbursements for the direct costs of producing and airing	9731
electioneering communications aggregating in excess of ten	9732
thousand dollars during any calendar year shall file, within	9733
twenty-four hours of each disclosure date, a disclosure of	9734
electioneering communications statement containing the following	9735
information:	9736

(a) The full name and address of the person making the	9737
disbursement, of any person sharing or exercising direction or	9738
control over the activities of the person making the disbursement,	9739
and of the custodian of the books and accounts of the person	9740
making the disbursement;	9741

(b) The principal place of business of the person making the	9742
disbursement, if not an individual;	9743

(c) The amount of each disbursement of more than one dollar	9744
during the period covered by the statement and the identity of the	9745
person to whom the disbursement was made;	9746

(d) The nominations or elections to which the electioneering	9747
communications pertain and the names, if known, of the candidates	9748
identified or to be identified;	9749

(e) If the disbursements were paid out of a segregated bank	9750
account that consists of funds contributed solely by individuals	9751
who are United States citizens or nationals or lawfully admitted	9752
for permanent residence as defined in section 101(a)(20) of the	9753
Immigration and Nationality Act directly to the account for	9754
electioneering communications, the information specified in	9755
division (D)(2) of this section for all contributors who	9756
contributed an aggregate amount of two hundred dollars or more to	9757
the segregated bank account and whose contributions were used for	9758
making the disbursement or disbursements required to be reported	9759
under division (D) of this section during the period covered by	9760
the statement. Nothing in this division prohibits or shall be	9761
construed to prohibit the use of funds in such a segregated bank	9762
account for a purpose other than electioneering communications.	9763

(f) If the disbursements were paid out of funds not described	9764
in division (D)(1)(e) of this section, the information specified	9765
in division (D)(2) of this section for all contributors who	9766
contributed an aggregate amount of two hundred dollars or more to	9767
the person making the disbursement and whose contributions were	9768
used for making the disbursement or disbursements required to be	9769
reported under division (D) of this section during the period	9770
covered by the statement.	9771

(2) For each contributor for which information is required to	9772
be reported under division (D)(1)(e) or (f) of this section, all	9773
of the following shall be reported:	9774

(a) The month, day, and year that the contributor made the	9775
contribution or contributions aggregating two hundred dollars or	9776
more;	9777

(b)(i) The full name and address of the contributor, and, if	9778
the contributor is a political action committee, the registration	9779
number assigned to the political action committee under division	9780
(D)(1) of section 3517.10 of the Revised Code;	9781

(ii) If the contributor is an individual, the name of the	9782
individual's current employer, if any, or, if the individual is	9783
self-employed, the individual's occupation and the name of the	9784
individual's business, if any;	9785

(iii) If the contribution is transmitted pursuant to section	9786
3599.031 of the Revised Code from amounts deducted from the wages	9787
and salaries of two or more employees that exceed in the aggregate	9788
one hundred dollars during the period specified in division	9789
(D)(1)(e) or (f) of this section, as applicable, the full name of	9790
the employees' employer and the full name of the labor	9791
organization of which the employees are members, if any.	9792

(c) A description of the contribution, if other than money;

9793

(d) The value in dollars and cents of the contribution.

9794

(3) Subject to the secretary of state having implemented,	9795
tested, and verified the successful operation of any system the	9796
secretary of state prescribes pursuant to divisions (C)(6)(b) and	9797
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106	9798
of the Revised Code for the filing of campaign finance statements	9799
by electronic means of transmission, a person shall file the	9800
disclosure of electioneering communications statement prescribed	9801
under divisions (D)(1) and (2) of this section by electronic means	9802
of transmission to the office of the secretary of state.	9803

Within five business days after the secretary of state	9804
receives a disclosure of electioneering communications statement	9805
under this division, the secretary of state shall make available	9806
online to the public through the internet, as provided in division	9807
(I) of section 3517.106 of the Revised Code, the contribution and	9808
disbursement information in that statement.	9809

If a filed disclosure of electioneering communications	9810
statement is found to be incomplete or inaccurate after its	9811
examination for completeness and accuracy pursuant to division	9812
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall	9813
file by electronic means of transmission to the office of the	9814
secretary of state any addendum, amendment, or other correction to	9815
the statement that provides the information necessary to complete	9816
or correct the statement or, if required by the secretary of state	9817
under that division, an amended statement.	9818

Within five business days after the secretary of state	9819
receives an addendum, amendment, or other correction to a	9820
disclosure of electioneering communications statement or an	9821
amended statement by electronic means of transmission under this	9822
division or division (B)(3)(a) of section 3517.11 of the Revised	9823
Code, the secretary of state shall make the contribution and	9824
disbursement information in the addendum, amendment, or other	9825
correction to the statement or amended statement available online	9826
to the public through the internet as provided in division (I) of	9827
section 3517.106 of the Revised Code.	9828

(E)(1) Any person who makes a contribution for the purpose of	9829
funding the direct costs of producing or airing an electioneering	9830
communication under this section shall provide the person's full	9831
name and address to the recipient of the contribution at the time	9832
the contribution is made.	9833

(2) Any individual who makes a contribution or contributions	9834
aggregating two hundred dollars or more for the purpose of funding	9835
the direct costs of producing or airing an electioneering	9836
communication under this section shall provide the name of the	9837
individual's current employer, if any, or, if the individual is	9838
self-employed, the individual's occupation and the name of the	9839
individual's business, if any, to the recipient of the	9840
contribution at the time the contribution is made.	9841

(F) In each electioneering communication, a statement shall	9842
appear or be presented in a clear and conspicuous manner that does	9843
both of the following:	9844

(1) Clearly indicates that the electioneering communication	9845
is not authorized by the candidate or the candidate's campaign	9846
committee;	9847

(2) Clearly identifies the person making the disbursement for	9848
the electioneering communication in accordance with section	9849
3517.20 of the Revised Code.	9850

(G) Any coordinated electioneering communication is an	9851
in-kind contribution, subject to the applicable contribution	9852
limits prescribed in section 3517.102 of the Revised Code, to the	9853
candidate by the person making disbursements to pay the direct	9854
costs of producing or airing the communication.	9855

(H) No person shall make, during the thirty days preceding a	9856
primary election or during the thirty days preceding a general	9857
election, any broadcast, cable, or satellite communication that	9858
refers to a clearly identified candidate using any contributions	9859
received from a corporation or labor organization.	9860

Sec. 3517.11.  (A)(1) Campaign committees of candidates for	9861
statewide office or the state board of education, political action	9862
committees or political contributing entities that make	9863
contributions to campaign committees of candidates that are	9864
required to file the statements prescribed by section 3517.10 of	9865
the Revised Code with the secretary of state, political action	9866
committees or political contributing entities that make	9867
contributions to campaign committees of candidates for member of	9868
the general assembly, political action committees or political	9869
contributing entities that make contributions to state and	9870
national political parties and to legislative campaign funds,	9871
political action committees or political contributing entities	9872
that receive contributions or make expenditures in connection with	9873
a statewide ballot issue, political action committees or political	9874
contributing entities that make contributions to other political	9875
action committees or political contributing entities, political	9876
parties, and campaign committees, except as set forth in division	9877
(A)(3) of this section, legislative campaign funds, and state and	9878
national political parties shall file the statements prescribed by	9879
section 3517.10 of the Revised Code with the secretary of state.	9880

(2)(a) Except as otherwise provided in division (F) of	9881
section 3517.106 of the Revised Code, campaign committees of	9882
candidates for all other offices shall file the statements	9883
prescribed by section 3517.10 of the Revised Code with the board	9884
of elections where their candidates are required to file their	9885
petitions or other papers for nomination or election.	9886

(b) A campaign committee of a candidate for office of member	9887
of the general assembly or a campaign committee of a candidate for	9888
the office of judge of a court of appeals shall file two copies of	9889
the printed version of any statement, addendum, or amended	9890
statement if the committee does not file pursuant to division	9891
(F)(1) or (L) of section 3517.106 of the Revised Code but files by	9892
printed version only with the appropriate board of elections. The	9893
board of elections shall send one of those copies by certified	9894
mail to the secretary of state before the close of business on the	9895
day the board of elections receives the statement, addendum, or	9896
amended statement.	9897

(3) Political action committees or political contributing	9898
entities that only contribute to a county political party,	9899
contribute to campaign committees of candidates whose nomination	9900
or election is to be submitted only to electors within a county,	9901
subdivision, or district, excluding candidates for member of the	9902
general assembly, and receive contributions or make expenditures	9903
in connection with ballot questions or issues to be submitted only	9904
to electors within a county, subdivision, or district shall file	9905
the statements prescribed by section 3517.10 of the Revised Code	9906
with the board of elections in that county or in the county	9907
contained in whole or part within the subdivision or district	9908
having a population greater than that of any other county	9909
contained in whole or part within that subdivision or district, as	9910
the case may be.	9911

(4) Except as otherwise provided in division (E)(3) of	9912
section 3517.106 of the Revised Code with respect to state	9913
candidate funds, county political parties shall file the	9914
statements prescribed by section 3517.10 of the Revised Code with	9915
the board of elections of their respective counties.	9916

(B)(1) The official with whom petitions and other papers for	9917
nomination or election to public office are filed shall furnish	9918
each candidate at the time of that filing a copy of sections	9919
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	9920
3599.031 of the Revised Code and any other materials that the	9921
secretary of state may require. Each candidate receiving the	9922
materials shall acknowledge their receipt in writing.	9923

(2) On or before the tenth day before the dates on which	9924
statements are required to be filed by section 3517.10 of the	9925
Revised Code, every candidate subject to the provisions of this	9926
section and sections 3517.10 and 3517.106 of the Revised Code	9927
shall be notified of the requirements and applicable penalties of	9928
those sections. The secretary of state, by certified mail, return	9929
receipt requested, shall notify all candidates required to file	9930
those statements with the secretary of state's office. The board	9931
of elections of every county shall notify by first class mail any	9932
candidate who has personally appeared at the office of the board	9933
on or before the tenth day before the statements are required to	9934
be filed and signed a form, to be provided by the secretary of	9935
state, attesting that the candidate has been notified of the	9936
candidate's obligations under the campaign finance law. The board	9937
shall forward the completed form to the secretary of state. The	9938
board shall use certified mail, return receipt requested, to	9939
notify all other candidates required to file those statements with	9940
it.	9941

(3)(a) Any statement required to be filed under sections	9942
3517.081 to 3517.17 of the Revised Code that is found to be	9943
incomplete or inaccurate by the officer to whom it is submitted	9944
shall be accepted on a conditional basis, and the person who filed	9945
it shall be notified by certified mail as to the incomplete or	9946
inaccurate nature of the statement. The secretary of state may	9947
examine statements filed for candidates for the office of member	9948
of the general assembly and candidates for the office of judge of	9949
a court of appeals for completeness and accuracy. The secretary of	9950
state shall examine for completeness and accuracy statements that	9951
campaign committees of candidates for the office of member of the	9952
general assembly and campaign committees of candidates for the	9953
office of judge of a court of appeals file pursuant to division	9954
(F) or (L) of section 3517.106 of the Revised Code. If an officer	9955
at the board of elections where a statement filed for a candidate	9956
for the office of member of the general assembly or for a	9957
candidate for the office of judge of a court of appeals was	9958
submitted finds the statement to be incomplete or inaccurate, the	9959
officer shall immediately notify the secretary of state of its	9960
incomplete or inaccurate nature. If either an officer at the board	9961
of elections or the secretary of state finds a statement filed for	9962
a candidate for the office of member of the general assembly or	9963
for a candidate for the office of judge of a court of appeals to	9964
be incomplete or inaccurate, only the secretary of state shall	9965
send the notification as to the incomplete or inaccurate nature of	9966
the statement.	9967

Within twenty-one days after receipt of the notice, in the	9968
case of a pre-election statement, a postelection statement, a	9969
monthly statement, an annual statement, or a semiannual statement	9970
prescribed by section 3517.10, an annual statement prescribed by	9971
section 3517.101, or a statement prescribed by division (B)(2)(b)	9972
or (C)(2)(b) of section 3517.105 or section 3517.107 of the	9973
Revised Code, the recipient shall file an addendum, amendment, or	9974
other correction to the statement providing the information	9975
necessary to complete or correct the statement. The secretary of	9976
state may require that, in lieu of filing an addendum, amendment,	9977
or other correction to a statement that is filed by electronic	9978
means of transmission to the office of the secretary of state	9979
pursuant to section 3517.106 of the Revised Code, the recipient of	9980
the notice described in this division file by electronic means of	9981
transmission an amended statement that incorporates the	9982
information necessary to complete or correct the statement.	9983

The secretary of state shall determine by rule when an	9984
addendum, amendment, or other correction to any of the following	9985
or when an amended statement of any of the following shall be	9986
filed:	9987

(i) A two-business-day statement prescribed by section	9988
3517.10 of the Revised Code;	9989

(ii) A disclosure of electioneering communications statement	9990
prescribed by division (D) of section 3517.1011 of the Revised	9991
Code;	9992

(iii) A deposit and disbursement statement prescribed under	9993
division (B) of section 3517.1012 of the Revised Code;	9994

(iv) A gift and disbursement statement prescribed under	9995
section 3517.1013 of the Revised Code;	9996

(v) A donation and disbursement statement prescribed under	9997
section 3517.1014 of the Revised Code.	9998

An addendum, amendment, or other correction to a statement	9999
that is filed by electronic means of transmission pursuant to	10000
section 3517.106 of the Revised Code shall be filed in the same	10001
manner as the statement.	10002

The provisions of sections 3517.10, 3517.106, 3517.1011,	10003
3517.1012, 3517.1013, and 3517.1014 of the Revised Code pertaining	10004
to the filing of statements of contributions and expenditures,	10005
statements of independent expenditures, disclosure of	10006
electioneering communications statements, deposit and disbursement	10007
statements, gift and disbursement statements, and donation and	10008
disbursement statements by electronic means of transmission apply	10009
to the filing of addenda, amendments, or other corrections to	10010
those statements by electronic means of transmission and the	10011
filing of amended statements by electronic means of transmission.	10012

(b) Within five business days after the secretary of state	10013
receives, by electronic or other means of transmission, an	10014
addendum, amendment, or other correction to a statement or an	10015
amended statement under division (B)(3)(a) of this section, the	10016
secretary of state, pursuant to divisions (E), (F), (G), and (I)	10017
of section 3517.106 or division (D) of section 3517.1011 of the	10018
Revised Code, shall make the contribution and expenditure,	10019
contribution and disbursement, deposit and disbursement, gift and	10020
disbursement, or donation and disbursement information in that	10021
addendum, amendment, correction, or amended statement available	10022
online to the public through the internet.	10023

(4)(a) The secretary of state or the board of elections shall	10024
examine all statements for compliance with sections 3517.08 to	10025
3517.17 of the Revised Code.	10026

(b) The secretary of state may contract with an individual or	10027
entity not associated with the secretary of state and experienced	10028
in interpreting the campaign finance law of this state to conduct	10029
examinations of statements filed by any statewide candidate, as	10030
defined in section 3517.103 of the Revised Code.	10031

(c) The examination shall be conducted by a person or entity	10032
qualified to conduct it. The results of the examination shall be	10033
available to the public, and, when the examination is conducted by	10034
an individual or entity not associated with the secretary of	10035
state, the results of the examination shall be reported to the	10036
secretary of state.	10037

(C)(1) In the event of a failure to file or a late filing of	10038
a statement required to be filed under sections 3517.081 to	10039
3517.17 of the Revised Code, or if a filed statement or any	10040
addendum, amendment, or other correction to a statement or any	10041
amended statement, if an addendum, amendment, or other correction	10042
or an amended statement is required to be filed, is incomplete or	10043
inaccurate or appears to disclose a failure to comply with or a	10044
violation of law, the official whose duty it is to examine the	10045
statement shall promptly file a complaint with the Ohio elections	10046
commission under section 3517.153 of the Revised Code if the law	10047
is one over which the commission has jurisdiction to hear	10048
complaints, or the official shall promptly report the failure or	10049
violation to the board of elections and the board shall promptly	10050
report it to the prosecuting attorney in accordance with division	10051
(J) of section 3501.11 of the Revised Code. If the official files	10052
a complaint with the commission, the commission shall proceed in	10053
accordance with sections 3517.154 to 3517.157 of the Revised Code.	10054

(2) For purposes of division (C)(1) of this section, a	10055
statement or an addendum, amendment, or other correction to a	10056
statement or an amended statement required to be filed under	10057
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	10058
inaccurate under this section if the statement, addendum,	10059
amendment, other correction, or amended statement fails to	10060
disclose substantially all contributions, gifts, or donations that	10061
are received or deposits that are made that are required to be	10062
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011,	10063
3517.1012, 3517.1013, and 3517.1014 of the Revised Code or if the	10064
statement, addendum, amendment, other correction, or amended	10065
statement fails to disclose at least ninety per cent of the total	10066
contributions, gifts, or donations received or deposits made or of	10067
the total expenditures or disbursements made during the reporting	10068
period.	10069

(D) No certificate of nomination or election shall be issued	10070
to a person, and no person elected to an office shall enter upon	10071
the performance of the duties of that office, until that person or	10072
that person's campaign committee, as appropriate, has fully	10073
complied with this section and sections 3517.08, 3517.081,	10074
3517.10, and 3517.13 of the Revised Code.	10075

Sec. 3517.153.  (A) Upon the filing of a complaint with the	10076
Ohio elections commission, which shall be made by affidavit of any	10077
person, on personal knowledge, and subject to the penalties for	10078
perjury, or upon the filing of a complaint made by the secretary	10079
of state or an official at the board of elections, setting forth a	10080
failure to comply with or a violation of any provision in sections	10081
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03,	10082
or 3599.031 of the Revised Code, the commission shall proceed in	10083
accordance with sections 3517.154 to 3517.157 of the Revised Code.	10084

(B) The commission shall prescribe the form for complaints	10085
made under division (A) of this section. The secretary of state	10086
and boards of elections shall furnish the information that the	10087
commission requests. The commission or a member of the commission	10088
may administer oaths, and the commission may issue subpoenas to	10089
any person in the state compelling the attendance of witnesses and	10090
the production of relevant papers, books, accounts, and reports.	10091
Section 101.42 of the Revised Code governs the issuance of	10092
subpoenas insofar as applicable. Upon the refusal of any person to	10093
obey a subpoena or to be sworn or to answer as a witness, the	10094
commission may apply to the court of common pleas of Franklin	10095
county under section 2705.03 of the Revised Code. The court shall	10096
hold proceedings in accordance with Chapter 2705. of the Revised	10097
Code.	10098

(C) No prosecution shall commence for a violation of a	10099
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18,	10100
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code	10101
unless a complaint has been filed with the commission under this	10102
section and all proceedings of the commission or a panel of the	10103
commission, as appropriate, under sections 3517.154 to 3517.157 of	10104
the Revised Code are completed.	10105

(D) The commission may recommend legislation and render	10106
advisory opinions concerning sections 3517.08, 3517.082, 3517.092,	10107
3517.102, 3517.103, 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20	10108
to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons	10109
over whose acts it has or may have jurisdiction. When the	10110
commission renders an advisory opinion relating to a specific set	10111
of circumstances involving any of those sections stating that	10112
there is no violation of a provision in those sections, the person	10113
to whom the opinion is directed or a person who is similarly	10114
situated may reasonably rely on the opinion and is immune from	10115
criminal prosecution and a civil action, including, without	10116
limitation, a civil action for removal from public office or	10117
employment, based on facts and circumstances covered by the	10118
opinion.	10119

(E) The commission shall establish a web site on which it	10120
shall post, at a minimum, all decisions and advisory opinions	10121
issued by the commission and copies of each election law as it is	10122
amended by the general assembly. The commission shall update the	10123
web site regularly to reflect any changes to those decisions and	10124
advisory opinions and any new decisions and advisory opinions.	10125

Sec. 3517.154.  (A)(1) The full-time attorney for the Ohio	10126
elections commission shall review each complaint filed with the	10127
commission under section 3517.153 of the Revised Code, shall	10128
determine the nature of the complaint, and, unless division	10129
(A)(2)(a) of this section requires that the complaint receive an	10130
automatic expedited hearing, shall make a recommendation to the	10131
commission for its disposition, in accordance with this section.	10132
The attorney shall make the determination and the recommendation,	10133
if required, not later than one business day after the complaint	10134
is filed.	10135

(2)(a) If the attorney determines that the complaint sets	10136
forth a violation of division (B) of section 3517.21 or division	10137
(B) of section 3517.22 of the Revised Code and that the complaint	10138
is filed during one of the periods of time specified in division	10139
(B)(1) of section 3517.156 of the Revised Code, or that the	10140
complaint sets forth a violation of section 3517.103 of the	10141
Revised Code or a violation described in division (D) of section	10142
3517.1010 of the Revised Code, the complaint shall receive an	10143
automatic expedited hearing under section 3517.156 of the Revised	10144
Code.	10145

(b) If the attorney determines that the complaint sets forth	10146
a failure to comply with or a violation of division (G), (I), (J),	10147
(O), (P), or (Q) of section 3517.13, division (A) of section	10148
3517.21, or division (A) of section 3517.22 of the Revised Code	10149
and that the complaint is filed during one of the periods of time	10150
specified in division (B)(1) of section 3517.156 of the Revised	10151
Code, the attorney shall recommend to the commission that the	10152
complaint receive an expedited hearing under section 3517.156 of	10153
the Revised Code, and the complaint shall receive such a hearing.	10154

(c) If the attorney determines that the complaint sets forth	10155
a failure to comply with or a violation of a section of the	10156
Revised Code over which the commission has jurisdiction to hear	10157
complaints other than the sections described in divisions	10158
(A)(2)(a) and (b) of this section, and unless the attorney makes a	10159
determination as provided for in division (A)(3) of this section,	10160
the attorney shall recommend to the commission that the complaint	10161
be submitted to the commission under section 3517.155 of the	10162
Revised Code. After the attorney makes that recommendation, the	10163
attorney shall notify all parties to the complaint of the	10164
attorney's recommendation.	10165

(3)(a) If a complaint sets forth a failure to comply with or	10166
a violation of a section of the Revised Code over which the	10167
commission has jurisdiction to hear complaints other than the	10168
sections described in divisions (A)(2)(a) and (b) of this section	10169
and if the complaint is filed during one of the periods of time	10170
specified in division (B)(1) of section 3517.156 of the Revised	10171
Code, the attorney may determine that the complaint should receive	10172
an expedited hearing under that section. The attorney shall make	10173
that determination by considering one or more of the following:	10174

(i) The number of prior failures to comply with or violations	10175
of Title XXXV of the Revised Code that the person or entity	10176
against whom the complaint has been brought has committed and any	10177
prior penalties the commission has imposed on the person or	10178
entity;	10179

(ii) If the complaint involves a statement required to be	10180
filed under section 3517.10, division (E) of section 3517.102, or	10181
section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109,	10182
3517.1011, 3517.1012, or 3517.1014 of the Revised Code or an	10183
addendum required to be filed under section 3517.11 of the Revised	10184
Code that is filed late, how late the filing is and how much time	10185
has elapsed between the deadline for filing the statement or	10186
addendum and the filing of the complaint;	10187

(iii) If the complaint involves contributions and	10188
expenditures, contributions and disbursements, deposits and	10189
disbursements, gifts and disbursements, or donations and	10190
disbursements required to be reported under section 3517.10,	10191
division (E) of section 3517.102, or section 3517.105, 3517.107,	10192
3517.108, 3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014	10193
of the Revised Code that are either not reported or reported late,	10194
the number of contributions and expenditures, contributions and	10195
disbursements, deposits and disbursements, gifts and	10196
disbursements, or donations and disbursements not reported or how	10197
late they were reported;	10198

(iv) If the complaint involves contributions required to be	10199
reported by a campaign committee under section 3517.10, division	10200
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108,	10201
or 3517.109 of the Revised Code that are not reported, whether any	10202
of the contributors of the contributions not reported have a	10203
personal or professional relationship with the campaign	10204
committee's candidate;	10205

(v) If the complaint involves a statement required to be	10206
filed under section 3517.10, division (E) of section 3517.102, or	10207
section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109,	10208
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	10209
that is incomplete, the degree to which it is incomplete;	10210

(vi) If the complaint involves the receipt of contributions	10211
in violation of section 3599.03 of the Revised Code, the dollar	10212
amount and number of contributions received in violation of that	10213
section;	10214

(vii) If the complaint involves a failure to make the	10215
identification or a misstatement of the identification required	10216
under section 3517.105 or 3517.20 of the Revised Code, whether the	10217
failure or misstatement was purposely made;	10218

(viii) If the complaint sets forth a failure to comply with	10219
or a violation of a section of the Revised Code described in	10220
division (A)(2)(c) of this section, whether the person or entity	10221
against whom the complaint has been made has committed more than	10222
one such failure or violation within a reasonable amount of time,	10223
or whether the cumulative nature of the failures or violations	10224
indicates a systematic disregard for the law.	10225

(b) Prior to making a determination under division (A)(3)(a)	10226
of this section that the complaint should receive an expedited	10227
hearing under section 3517.156 of the Revised Code, the attorney	10228
shall take into consideration the number of panels of the	10229
commission that have cases pending before them and the number of	10230
cases pending before the panels and shall not make a determination	10231
that will place an undue burden on a panel of the commission.	10232

(c) If the attorney determines that the complaint should	10233
receive an expedited hearing under section 3517.156 of the Revised	10234
Code, the attorney shall recommend to the commission that the	10235
complaint receive an expedited hearing, and, if a majority of the	10236
members of the commission agrees with the recommendation, the	10237
complaint shall receive an expedited hearing under that section.	10238

(4) The attorney may join two or more complaints if the	10239
attorney determines that the allegations in each complaint are of	10240
the same or similar character, are based on the same act or	10241
failure to act, or are based on two or more acts or failures to	10242
act constituting parts of a common scheme or plan. If one	10243
complaint contains two or more allegations, the attorney may	10244
separate the allegations if they are not of the same or similar	10245
character, if they are not based on the same act or failure to	10246
act, or if they are not based on two or more acts or failures to	10247
act constituting parts of a common scheme or plan. If the attorney	10248
separates the allegations in a complaint, the attorney may make	10249
separate recommendations under division (A)(2) or (3) of this	10250
section for each allegation.	10251

(B) Whenever a person or other entity files a complaint with	10252
the commission setting forth a failure to comply with or a	10253
violation of a section of the Revised Code as described in	10254
division (A)(2)(c) of this section and the complaint is filed	10255
during one of the periods of time specified in division (B)(1) of	10256
section 3517.156 of the Revised Code, the person or entity may	10257
request an expedited hearing under that section at the time the	10258
complaint is filed. The attorney for the commission shall inform	10259
the members of the commission of that request at the time the	10260
attorney makes a recommendation under division (A) of this	10261
section. The commission may grant the request for an expedited	10262
hearing under this division if it determines that an expedited	10263
hearing is practicable.	10264

Sec. 3517.155.  (A)(1) Except as otherwise provided in	10265
division (B) of this section, the Ohio elections commission shall	10266
hold its first hearing on a complaint filed with it, other than a	10267
complaint that receives an expedited hearing under section	10268
3517.156 of the Revised Code, not later than ninety business days	10269
after the complaint is filed unless the commission has good cause	10270
to hold the hearing after that time, in which case it shall hold	10271
the hearing not later than one hundred eighty business days after	10272
the complaint is filed. At the hearing, the commission shall	10273
determine whether or not the failure to act or the violation	10274
alleged in the complaint has occurred and shall do only one of the	10275
following, except as otherwise provided in division (B) of this	10276
section or in division (B) of section 3517.151 of the Revised	10277
Code:	10278

(a) Enter a finding that good cause has been shown not to	10279
impose a fine or not to refer the matter to the appropriate	10280
prosecutor;	10281

(b) Impose a fine under section 3517.993 of the Revised Code;

10282

(c) Refer the matter to the appropriate prosecutor;

10283

(d) Direct the secretary of state or appropriate board of	10284
elections with the authority to certify a candidate to the ballot	10285
to remove a candidate's name from the ballot if the candidate is	10286
barred from the ballot under division (D) of section 3517.1010 of	10287
the Revised Code.	10288

(2) As used in division (A) of this section, "appropriate	10289
prosecutor" means a prosecutor as defined in section 2935.01 of	10290
the Revised Code and either of the following:	10291

(a) In the case of a failure to comply with or a violation of	10292
law involving a campaign committee or the committee's candidate, a	10293
political party, a legislative campaign fund, a political action	10294
committee, or a political contributing entity, that is required to	10295
file a statement of contributions and expenditures with the	10296
secretary of state under division (A) of section 3517.11 of the	10297
Revised Code, the prosecutor of Franklin county;	10298

(b) In the case of a failure to comply with or a violation of	10299
law involving any other campaign committee or committee's	10300
candidate, or any other political party, political action	10301
committee, or political contributing entity either of the	10302
following as determined by the commission:	10303

(i) The prosecutor of Franklin county;

10304

(ii) The prosecutor of the county in which the candidacy or	10305
ballot question or issue is submitted to the electors or, if it is	10306
submitted in more than one county, the most populous of those	10307
counties.	10308

(B) If the commission decides that the evidence is	10309
insufficient for it to determine whether or not the failure to act	10310
or the violation alleged in the complaint has occurred, the	10311
commission, by the affirmative vote of five members, may request	10312
that an investigatory attorney investigate the complaint. Upon	10313
that request, an investigatory attorney shall make an	10314
investigation in order to produce sufficient evidence for the	10315
commission to decide the matter. If the commission requests an	10316
investigation under this division, for good cause shown by the	10317
investigatory attorney, the commission may extend by sixty days	10318
the deadline for holding its first hearing on the complaint as	10319
required in division (A) of this section.	10320

(C) The commission shall take one of the actions required	10321
under division (A) of this section not later than thirty days	10322
after the close of all the evidence presented.	10323

(D)(1) The commission shall make any finding of a failure to	10324
comply with or a violation of law in regard to a complaint that	10325
alleges a violation of division (D) of section 3517.1010, division	10326
(A) or (B) of section 3517.21, or division (A) or (B) of section	10327
3517.22 of the Revised Code by clear and convincing evidence. The	10328
commission shall make any finding of a failure to comply with or a	10329
violation of law in regard to any other complaint by a	10330
preponderance of the evidence.	10331

(2) If the commission finds a violation of division (B) of	10332
section 3517.21 or division (B) of section 3517.22 of the Revised	10333
Code, it shall refer the matter to the appropriate prosecutor	10334
under division (A)(1)(c) of this section and shall not impose a	10335
fine under division (A)(1)(b) of this section or section 3517.993	10336
of the Revised Code.	10337

(E) In an action before the commission or a panel of the	10338
commission, if the allegations of the complainant are not proved,	10339
and the commission takes the action described in division	10340
(A)(1)(a) of this section or a panel of the commission takes the	10341
action described in division (C)(1) of section 3517.156 of the	10342
Revised Code, the commission or a panel of the commission may find	10343
that the complaint is frivolous, and, if the commission or panel	10344
so finds, the commission shall order the complainant to pay	10345
reasonable attorney's fees and to pay the costs of the commission	10346
or panel as determined by a majority of the members of the	10347
commission. The costs paid to the commission or panel under this	10348
division shall be deposited into the Ohio elections commission	10349
fund.	10350

Sec. 3517.992.  This section establishes penalties only with	10351
respect to acts or failures to act that occur on and after August	10352
24, 1995.	10353

(A)(1) A candidate whose campaign committee violates division	10354
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	10355
or a treasurer of a campaign committee who violates any of those	10356
divisions, shall be fined not more than one hundred dollars for	10357
each day of violation.	10358

(2) Whoever violates division (E) or (X)(5) of section	10359
3517.13 or division (E)(1) of section 3517.1014 of the Revised	10360
Code shall be fined not more than one hundred dollars for each day	10361
of violation.	10362

(B) A political party that violates division (F)(1) of	10363
section 3517.101 of the Revised Code shall be fined not more than	10364
one hundred dollars for each day of violation.	10365

(C) Whoever violates division (F)(2) of section 3517.101,	10366
division (G) of section 3517.13, or division (E)(2) or (3) of	10367
section 3517.1014 of the Revised Code shall be fined not more than	10368
ten thousand dollars or, if the offender is a person who was	10369
nominated or elected to public office, shall forfeit the	10370
nomination or the office to which the offender was elected, or	10371
both.	10372

(D) Whoever violates division (F) of section 3517.13 of the	10373
Revised Code shall be fined not more than three times the amount	10374
contributed.	10375

(E) Whoever violates division (H) of section 3517.13 of the	10376
Revised Code shall be fined not more than one hundred dollars.	10377

(F) Whoever violates division (O), (P), or (Q) of section	10378
3517.13 of the Revised Code is guilty of a misdemeanor of the	10379
first degree.	10380

(G) A state or county committee of a political party that	10381
violates division (B)(1) of section 3517.18 of the Revised Code	10382
shall be fined not more than twice the amount of the improper	10383
expenditure.	10384

(H) A state or county political party that violates division	10385
(G) of section 3517.101 of the Revised Code shall be fined not	10386
more than twice the amount of the improper expenditure or use.	10387

(I)(1) Any individual who violates division (B)(1) of section	10388
3517.102 of the Revised Code and knows that the contribution the	10389
individual makes violates that division shall be fined an amount	10390
equal to three times the amount contributed in excess of the	10391
amount permitted by that division.	10392

(2) Any political action committee that violates division	10393
(B)(2) of section 3517.102 of the Revised Code shall be fined an	10394
amount equal to three times the amount contributed in excess of	10395
the amount permitted by that division.	10396

(3) Any campaign committee that violates division (B)(3) or	10397
(5) of section 3517.102 of the Revised Code shall be fined an	10398
amount equal to three times the amount contributed in excess of	10399
the amount permitted by that division.	10400

(4)(a) Any legislative campaign fund that violates division	10401
(B)(6) of section 3517.102 of the Revised Code shall be fined an	10402
amount equal to three times the amount transferred or contributed	10403
in excess of the amount permitted by that division, as applicable.	10404

(b) Any state political party, county political party, or	10405
state candidate fund of a state political party or county	10406
political party that violates division (B)(6) of section 3517.102	10407
of the Revised Code shall be fined an amount equal to three times	10408
the amount transferred or contributed in excess of the amount	10409
permitted by that division, as applicable.	10410

(c) Any political contributing entity that violates division	10411
(B)(7) of section 3517.102 of the Revised Code shall be fined an	10412
amount equal to three times the amount contributed in excess of	10413
the amount permitted by that division.	10414

(5) Any political party that violates division (B)(4) of	10415
section 3517.102 of the Revised Code shall be fined an amount	10416
equal to three times the amount contributed in excess of the	10417
amount permitted by that division.	10418

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	10419
of this section, no violation of division (B) of section 3517.102	10420
of the Revised Code occurs, and the secretary of state shall not	10421
refer parties to the Ohio elections commission, if the amount	10422
transferred or contributed in excess of the amount permitted by	10423
that division meets either of the following conditions:	10424

(a) It is completely refunded within five business days after	10425
it is accepted.	10426

(b) It is completely refunded on or before the tenth business	10427
day after notification to the recipient of the excess transfer or	10428
contribution by the board of elections or the secretary of state	10429
that a transfer or contribution in excess of the permitted amount	10430
has been received.	10431

(J)(1) Any campaign committee that violates division (C)(1),	10432
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	10433
fined an amount equal to three times the amount accepted in excess	10434
of the amount permitted by that division.	10435

(2)(a) Any county political party that violates division	10436
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	10437
shall be fined an amount equal to three times the amount accepted.	10438

(b) Any county political party that violates division	10439
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	10440
fined an amount from its state candidate fund equal to three times	10441
the amount accepted in excess of the amount permitted by that	10442
division.	10443

(c) Any state political party that violates division	10444
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	10445
an amount from its state candidate fund equal to three times the	10446
amount accepted in excess of the amount permitted by that	10447
division.	10448

(3) Any legislative campaign fund that violates division	10449
(C)(5) of section 3517.102 of the Revised Code shall be fined an	10450
amount equal to three times the amount accepted in excess of the	10451
amount permitted by that division.	10452

(4) Any political action committee or political contributing	10453
entity that violates division (C)(7) of section 3517.102 of the	10454
Revised Code shall be fined an amount equal to three times the	10455
amount accepted in excess of the amount permitted by that	10456
division.	10457

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	10458
this section, no violation of division (C) of section 3517.102 of	10459
the Revised Code occurs, and the secretary of state shall not	10460
refer parties to the Ohio elections commission, if the amount	10461
transferred or contributed in excess of the amount permitted to be	10462
accepted by that division meets either of the following	10463
conditions:	10464

(a) It is completely refunded within five business days after	10465
its acceptance.	10466

(b) It is completely refunded on or before the tenth business	10467
day after notification to the recipient of the excess transfer or	10468
contribution by the board of elections or the secretary of state	10469
that a transfer or contribution in excess of the permitted amount	10470
has been received.	10471

(K)(1) Any legislative campaign fund that violates division	10472
(F)(1) of section 3517.102 of the Revised Code shall be fined	10473
twenty-five dollars for each day of violation.	10474

(2) Any legislative campaign fund that violates division	10475
(F)(2) of section 3517.102 of the Revised Code shall give to the	10476
treasurer of state for deposit into the state treasury to the	10477
credit of the Ohio elections commission fund all excess	10478
contributions not disposed of as required by division (E) of	10479
section 3517.102 of the Revised Code.	10480

(L) Whoever violates section 3517.105 of the Revised Code	10481
shall be fined one thousand dollars.	10482

(M)(1) Whoever solicits a contribution in violation of	10483
section 3517.092 or violates division (B) of section 3517.09 of	10484
the Revised Code is guilty of a misdemeanor of the first degree.	10485

(2) Whoever knowingly accepts a contribution in violation of	10486
division (B) or (C) of section 3517.092 of the Revised Code shall	10487
be fined an amount equal to three times the amount accepted in	10488
violation of either of those divisions and shall return to the	10489
contributor any amount so accepted. Whoever unknowingly accepts a	10490
contribution in violation of division (B) or (C) of section	10491
3517.092 of the Revised Code shall return to the contributor any	10492
amount so accepted.	10493

(N) Whoever violates division (S) of section 3517.13 of the	10494
Revised Code shall be fined an amount equal to three times the	10495
amount of funds transferred or three times the value of the assets	10496
transferred in violation of that division.	10497

(O) Any campaign committee that accepts a contribution or	10498
contributions in violation of section 3517.108 of the Revised	10499
Code, uses a contribution in violation of that section, or fails	10500
to dispose of excess contributions in violation of that section	10501
shall be fined an amount equal to three times the amount accepted,	10502
used, or kept in violation of that section.	10503

(P) Any political party, state candidate fund, legislative	10504
candidate fund, or campaign committee that violates division (T)	10505
of section 3517.13 of the Revised Code shall be fined an amount	10506
equal to three times the amount contributed or accepted in	10507
violation of that section.	10508

(Q) A treasurer of a committee or another person who violates	10509
division (U) of section 3517.13 of the Revised Code shall be fined	10510
not more than two hundred fifty dollars.	10511

(R) Whoever violates division (I) or (J) of section 3517.13	10512
of the Revised Code shall be fined not more than one thousand	10513
dollars. Whenever a person is found guilty of violating division	10514
(I) or (J) of section 3517.13 of the Revised Code, the contract	10515
awarded in violation of either of those divisions shall be	10516
rescinded if its terms have not yet been performed.	10517

(S) A candidate whose campaign committee violates or a	10518
treasurer of a campaign committee who violates section 3517.081 of	10519
the Revised Code, and a candidate whose campaign committee	10520
violates or a treasurer of a campaign committee or another person	10521
who violates division (C) of section 3517.10 of the Revised Code,	10522
shall be fined not more than five hundred dollars.	10523

(T) A candidate whose campaign committee violates or a	10524
treasurer of a committee who violates division (B) of section	10525
3517.09 of the Revised Code, or a candidate whose campaign	10526
committee violates or a treasurer of a campaign committee or	10527
another person who violates division (C) of section 3517.09 of the	10528
Revised Code shall be fined not more than one thousand dollars.	10529

(U) Whoever violates section 3517.20 of the Revised Code	10530
shall be fined not more than five hundred dollars.	10531

(V) Whoever violates section 3517.21 or 3517.22 of the	10532
Revised Code shall be imprisoned for not more than six months or	10533
fined not more than five thousand dollars, or both.	10534

(W) A campaign committee that is required to file a	10535
declaration of no limits under division (D)(2) of section 3517.103	10536
of the Revised Code that, before filing that declaration, accepts	10537
a contribution or contributions that exceed the limitations	10538
prescribed in section 3517.102 of the Revised Code, shall return	10539
that contribution or those contributions to the contributor.	10540

(X) Any campaign committee that fails to file the declaration	10541
of filing-day finances required by division (F) of section	10542
3517.109 or the declaration of primary-day finances or declaration	10543
of year-end finances required by division (E) of section 3517.1010	10544
of the Revised Code shall be fined twenty-five dollars for each	10545
day of violation.	10546

(Y)(1) Any campaign committee that fails to dispose of excess	10547
funds or excess aggregate contributions under division (B) of	10548
section 3517.109 of the Revised Code in the manner required by	10549
division (C) of that section or under division (B) of section	10550
3517.1010 of the Revised Code in the manner required by division	10551
(C) of that section shall give to the treasurer of state for	10552
deposit into the Ohio elections commission fund created under	10553
division (I) of section 3517.152 of the Revised Code all funds not	10554
disposed of pursuant to those divisions.	10555

(2) Any treasurer of a transition fund that fails to dispose	10556
of assets remaining in the transition fund as required under	10557
division (H)(1) or (2) of section 3517.1014 of the Revised Code	10558
shall give to the treasurer of state for deposit into the Ohio	10559
elections commission fund all assets not disposed of pursuant to	10560
that division.	10561

(Z) Any individual, campaign committee, political action	10562
committee, political contributing entity, legislative campaign	10563
fund, political party, treasurer of a transition fund, or other	10564
entity that violates any provision of sections 3517.09 to 3517.12	10565
of the Revised Code for which no penalty is provided for under any	10566
other division of this section shall be fined not more than one	10567
thousand dollars.	10568

(AA)(1) Whoever knowingly violates division (W)(1) of section	10569
3517.13 of the Revised Code shall be fined an amount equal to	10570
three times the amount contributed, expended, or promised in	10571
violation of that division or ten thousand dollars, whichever	10572
amount is greater.	10573

(2) Whoever knowingly violates division (W)(2) of section	10574
3517.13 of the Revised Code shall be fined an amount equal to	10575
three times the amount solicited or accepted in violation of that	10576
division or ten thousand dollars, whichever amount is greater.	10577

(BB) Whoever knowingly violates division (C) or (D) of	10578
section 3517.1011 of the Revised Code shall be fined not more than	10579
ten thousand dollars plus not more than one thousand dollars for	10580
each day of violation.	10581

(CC)(1) Subject to division (CC)(2) of this section, whoever	10582
violates division (H) of section 3517.1011 of the Revised Code	10583
shall be fined an amount up to three times the amount disbursed	10584
for the direct costs of airing the communication made in violation	10585
of that division.	10586

(2) Whoever has been ordered by the Ohio elections commission	10587
or by a court of competent jurisdiction to cease making	10588
communications in violation of division (H) of section 3517.1011	10589
of the Revised Code who again violates that division shall be	10590
fined an amount equal to three times the amount disbursed for the	10591
direct costs of airing the communication made in violation of that	10592
division.	10593

(DD)(1) Any corporation or labor organization that violates	10594
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	10595
fined an amount equal to three times the amount given in excess of	10596
the amount permitted by that division.	10597

(2) Any state or county political party that violates	10598
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	10599
fined an amount equal to three times the amount accepted in excess	10600
of the amount permitted by that division.	10601

(EE)(1) Any campaign committee or person who violates	10602
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code	10603
shall be fined an amount equal to three times the amount donated	10604
in excess of the amount permitted by that division.	10605

(2) Any officeholder or treasurer of a transition fund who	10606
violates division (C)(3)(a) or (b) of section 3517.1014 of the	10607
Revised Code shall be fined an amount equal to three times the	10608
amount accepted in excess of the amount permitted by that	10609
division.	10610

Sec. 3519.01.  (A) Only one proposal of law or constitutional	10611
amendment to be proposed by initiative petition shall be contained	10612
in an initiative petition to enable the voters to vote on that	10613
proposal separately. A petition shall include the text of any	10614
existing statute or constitutional provision that would be amended	10615
or repealed if the proposed law or constitutional amendment is	10616
adopted.	10617

Whoever seeks to propose a law or constitutional amendment by	10618
initiative petition shall, by a written petition signed by one	10619
thousand qualified electors, submit the proposed law or	10620
constitutional amendment and a summary of it to the attorney	10621
general for examination. Within ten days after the receipt of the	10622
written petition and the summary of it, the attorney general shall	10623
conduct an examination of the summary. If, in the opinion of the	10624
attorney general, the summary is a fair and truthful statement of	10625
the proposed law or constitutional amendment, the attorney general	10626
shall so certify and then forward the submitted petition to the	10627
Ohio ballot board for its approval under division (A) of section	10628
3505.062 of the Revised Code. If the Ohio ballot board returns the	10629
submitted petition to the attorney general with its certification	10630
as described in that division, the attorney general shall then	10631
file with the secretary of state a verified copy of the proposed	10632
law or constitutional amendment together with its summary and the	10633
attorney general's certification.	10634

Whenever the Ohio ballot board divides an initiative petition	10635
into individual petitions containing only proposed law or	10636
constitutional amendment under division (A) of section 3505.062 of	10637
the Revised Code resulting in the need for the petitioners to	10638
resubmit to the attorney general appropriate summaries for each of	10639
the individual petitions arising from the board's division of the	10640
initiative petition, the attorney general shall review the	10641
resubmitted summaries, within ten days after their receipt, to	10642
determine if they are a fair and truthful statement of the	10643
respective proposed laws or constitutional amendments and, if so,	10644
certify them. These resubmissions shall contain no new	10645
explanations or arguments. Then, the attorney general shall file	10646
with the secretary of state a verified copy of each of the	10647
proposed laws or constitutional amendments together with their	10648
respective summaries and the attorney general's certification of	10649
each.	10650

(B)(1) Whoever seeks to file a referendum petition against	10651
any law, section, or item in any law shall, by a written petition	10652
signed by one thousand qualified electors, submit the measure to	10653
be referred and a summary of it to the secretary of state and, on	10654
the same day or within one business day before or after that day,	10655
submit a copy of the petition, measure, and summary to the	10656
attorney general.	10657

(2) Not later than ten business days after receiving the	10658
petition, measure, and summary, the secretary of state shall do	10659
both of the following:	10660

(a) Have the validity of the signatures on the petition	10661
verified;	10662

(b) After comparing the text of the measure to be referred	10663
with the copy of the enrolled act on file in the secretary of	10664
state's office containing the law, section, or item of law,	10665
determine whether the text is correct and, if it is, so certify.	10666

(3) Not later than ten business days after receiving a copy	10667
of the petition, measure, and summary, the attorney general shall	10668
examine the summary and, if in the attorney general's opinion, the	10669
summary is a fair and truthful statement of the measure to be	10670
referred, so certify.	10671

(C) Any person who is aggrieved by a certification decision	10672
under division (A) or (B) of this section may challenge the	10673
certification or failure to certify of the attorney general in the	10674
supreme court, which shall have exclusive, original jurisdiction	10675
in all challenges of those certification decisions.	10676

Sec. 3519.16.  The circulator of any part-petition, the	10677
committee interested in the petition, or any elector may file with	10678
the board of elections a protest against the board's findings made	10679
pursuant to section 3519.15 of the Revised Code. Protests shall be	10680
in writing and shall specify reasons for the protest. Protests for	10681
all initiative and referendum petitions other than those to be	10682
voted on by electors throughout the entire state shall be filed	10683
not later than four p.m. of the seventy-fourth day before the day	10684
of the election. Once a protest is filed, the board shall proceed	10685
to establish the sufficiency or insufficiency of the signatures	10686
and of the verification of those signatures in an action before	10687
the court of common pleas in the county. The action shall be	10688
brought within three days after the protest is filed, and it shall	10689
be heard forthwith by a judge of that court, whose decision shall	10690
be certified to the board. The signatures that are adjudged	10691
sufficient or the part-petitions that are adjudged properly	10692
verified shall be included with the others by the board, and those	10693
found insufficient and all those part-petitions that are adjudged	10694
not properly verified shall not be included.	10695

The properly verified part-petitions, together with the	10696
report of the board, shall be returned to the secretary of state	10697
not less than sixty days before the election, provided that, in	10698
the case of an initiated law to be presented to the general	10699
assembly, the boards shall promptly check and return the petitions	10700
together with their report. The secretary of state shall notify	10701
the chairperson of the committee in charge of the circulation as	10702
to the sufficiency or insufficiency of the petition and the extent	10703
of the insufficiency.	10704

If the petition is found insufficient because of an	10705
insufficient number of valid signatures, the committee shall be	10706
allowed ten additional days after the notification by the	10707
secretary of state for the filing of additional signatures to the	10708
petition. The part-petitions of the supplementary petition that	10709
appear to the secretary of state to be properly verified, upon	10710
their receipt by the secretary of state, shall forthwith be	10711
forwarded to the boards of the several counties together with the	10712
part-petitions of the original petition that have been properly	10713
verified. They shall be immediately examined and passed upon as to	10714
the validity and sufficiency of the signatures on them by each of	10715
the boards and returned within five days to the secretary of state	10716
with the report of each board. No signature on a supplementary	10717
part-petition that is the same as a signature on an original	10718
part-petition shall be counted. The number of signatures in both	10719
the original and supplementary petitions, properly verified, shall	10720
be used by the secretary of state in determining the total number	10721
of signatures to the petition that the secretary of state shall	10722
record and announce. If they are sufficient, the amendment,	10723
proposed law, or law shall be placed on the ballot as required by	10724
law. If the petition is found insufficient, the secretary of state	10725
shall notify the committee in charge of the circulation of the	10726
petition.	10727

Sec. 3599.03.  (A)(1) Except to carry on activities specified	10728
in sections 3517.082 and 3517.1011, division (A)(2) of section	10729
3517.1012, division (B) of section 3517.1013, division (C)(1) of	10730
section 3517.1014, and section 3599.031 of the Revised Code and	10731
except as provided in divisions (D), (E), and (F) of this section,	10732
no corporation, no nonprofit corporation, and no labor	10733
organization, directly or indirectly, shall pay or use, or offer,	10734
advise, consent, or agree to pay or use, the corporation's money	10735
or property, or the labor organization's money, including dues,	10736
initiation fees, or other assessments paid by members, or	10737
property, for or in aid of or opposition to a political party, a	10738
candidate for election or nomination to public office, a political	10739
action committee including a political action committee of the	10740
corporation or labor organization, a legislative campaign fund, or	10741
any organization that supports or opposes any such candidate, or	10742
for any partisan political purpose, shall violate any law	10743
requiring the filing of an affidavit or statement respecting such	10744
use of those funds, or shall pay or use the corporation's or labor	10745
organization's money for the expenses of a social fund-raising	10746
event for its political action committee if an employee's or labor	10747
organization member's right to attend such an event is predicated	10748
on the employee's or member's contribution to the corporation's or	10749
labor organization's political action committee.	10750

(2) Whoever violates division (A)(1) of this section shall be	10751
fined not less than five hundred nor more than five thousand	10752
dollars.	10753

(B)(1) No officer, stockholder, attorney, or agent of a	10754
corporation or nonprofit corporation, no member, including an	10755
officer, attorney, or agent, of a labor organization, and no	10756
candidate, political party official, or other individual shall	10757
knowingly aid, advise, solicit, or receive money or other property	10758
in violation of division (A)(1) of this section.	10759

(2) Whoever violates division (B)(1) of this section shall be	10760
fined not more than one thousand dollars, or imprisoned not more	10761
than one year, or both.	10762

(C) A corporation, a nonprofit corporation, or a labor	10763
organization may use its funds or property for or in aid of or	10764
opposition to a proposed or certified ballot issue. Such use of	10765
funds or property shall be reported on a form prescribed by the	10766
secretary of state. Reports of contributions in connection with	10767
statewide ballot issues shall be filed with the secretary of	10768
state. Reports of contributions in connection with local issues	10769
shall be filed with the board of elections of the most populous	10770
county of the district in which the issue is submitted or to be	10771
submitted to the electors. Reports made pursuant to this division	10772
shall be filed by the times specified in divisions (A)(1) and (2)	10773
of section 3517.10 of the Revised Code.	10774

(D)(1) Any gift made pursuant to section 3517.101 of the	10775
Revised Code does not constitute a violation of this section or of	10776
any other section of the Revised Code.	10777

(2) Any gift made pursuant to division (A)(2) of section	10778
3517.1012 of the Revised Code does not constitute a violation of	10779
this section.	10780

(3) Any gift made pursuant to division (B) of section	10781
3517.1013 of the Revised Code does not constitute a violation of	10782
this section.	10783

(4) Any donation made pursuant to division (C)(1) of section	10784
3517.1014 of the Revised Code does not constitute a violation of	10785
this section.	10786

(E) Any compensation or fees paid by a financial institution	10787
to a state political party for services rendered pursuant to	10788
division (B) of section 3517.19 of the Revised Code do not	10789
constitute a violation of this section or of any other section of	10790
the Revised Code.	10791

(F)(1) The use by a nonprofit corporation of its money or	10792
property for communicating information for a purpose specified in	10793
division (A) of this section is not a violation of that division	10794
if the stockholders, members, donors, trustees, or officers of the	10795
nonprofit corporation are the predominant recipients of the	10796
communication.	10797

(2) The placement of a campaign sign on the property of a	10798
corporation, nonprofit corporation, or labor organization is not a	10799
use of property in violation of division (A) of this section by	10800
that corporation, nonprofit corporation, or labor organization.	10801

(3) The use by a corporation or labor organization of its	10802
money or property for communicating information for a purpose	10803
specified in division (A) of this section is not a violation of	10804
that division if it is not a communication made by mass broadcast	10805
such as radio or television or made by advertising in a newspaper	10806
of general circulation but is a communication sent exclusively to	10807
members, employees, officers, or trustees of that labor	10808
organization or shareholders, employees, officers, or directors of	10809
that corporation or to members of the immediate families of any	10810
such individuals or if the communication intended to be so sent	10811
exclusively is unintentionally sent as well to a de minimis number	10812
of other individuals.	10813

(G) In addition to the laws listed in division (A) of section	10814
4117.10 of the Revised Code that prevail over conflicting	10815
agreements between employee organizations and public employers,	10816
this section prevails over any conflicting provisions of	10817
agreements between labor organizations and public employers that	10818
are entered into on or after March 31, 2005, pursuant to Chapter	10819
4117. of the Revised Code.	10820

(H) As used in this section, "labor organization" has the	10821
same meaning as in section 3517.01 of the Revised Code.	10822

Sec. 3599.07.  No judge of elections, observer, or police	10823
officer admitted into the polling rooms at the election, at any	10824
time while the polls are open, shall have in the individual's	10825
possession, distribute, or give out any ballot or ticket to any	10826
person on any pretense during the receiving, counting, or	10827
certifying of the votes, or have any ballot or ticket in the	10828
individual's possession or control, except in the proper discharge	10829
of the individual's official duty in receiving, counting, or	10830
canvassing the votes. This section does not prevent the lawful	10831
exercise by a judge of elections or observer of the individual	10832
right to vote at such election.	10833

Sec. 3599.17.  (A) No elections official serving as a	10834
registrar or judge of elections shall do any of the following:	10835

(1) Fail to appear before the board of elections, or its	10836
representative, after notice has been served personally upon the	10837
official or left at the official's usual place of residence, for	10838
examination as to the official's qualifications;	10839

(2) Fail to appear at the polling place to which the official	10840
is assigned at the hour and during the hours set for the	10841
registration or election;	10842

(3) Fail to take the oath prescribed by section 3501.31 of	10843
the Revised Code, unless excused by such board;	10844

(4) Refuse or sanction the refusal of another registrar or	10845
judge of elections to administer an oath required by law;	10846

(5) Fail to send notice to the board of the appointment of a	10847
judge to fill a vacancy;	10848

(6) Act as registrar or judge without having been appointed	10849
and having received a certificate of appointment, except a judge	10850
appointed to fill a vacancy caused by absence or removal;	10851

(7) Fail in any other way to perform any duty imposed by law.

10852

(B) Whoever violates division (A) of this section is guilty	10853
of a misdemeanor of the first degree.	10854

Sec. 3599.19.  (A) No judge of elections shall knowingly do	10855
any of the following:	10856

(1) Unlawfully open or permit to be opened the sealed package	10857
containing registration lists, ballots, blanks, pollbooks, and	10858
other papers and material to be used in an election;	10859

(2) Unlawfully misplace, carry away, negligently lose or	10860
permit to be taken from the judge, fail to deliver, or destroy any	10861
such packages, papers, or material;	10862

(3) Receive or sanction the reception of a ballot from a	10863
person not a qualified elector or from a person who refused to	10864
answer a question in accordance with the election law;	10865

(4) Refuse to receive or sanction the rejection of a ballot	10866
from a person, knowing that person to be a qualified elector;	10867

(5) Permit a fraudulent ballot to be placed in the ballot	10868
box;	10869

(6) Place or permit to be placed in any ballot box any ballot	10870
known by the judge to be improperly or falsely marked;	10871

(7) Count or permit to be counted any illegal or fraudulent	10872
ballot;	10873

(8) Mislead an elector who is physically unable to prepare	10874
the elector's ballot, mark a ballot for such elector otherwise	10875
than as directed by that elector, or disclose to any person,	10876
except when legally required to do so, how such elector voted;	10877

(9) Alter or mark or permit any alteration or marking on any	10878
ballot when counting the ballots;	10879

(10) Unlawfully count or tally or sanction the wrongful	10880
counting or tallying of votes;	10881

(11) After the counting of votes commences, as required by	10882
law, postpone or sanction the postponement of the counting of	10883
votes, adjourn at any time or to any place, or remove the ballot	10884
box from the place of voting, or from the custody or presence of	10885
all the judges of such elections;	10886

(12) Permit any ballot to remain or to be in the ballot box	10887
at the opening of the polls, or to be put in the box during the	10888
counting of the ballots, or to be left in the box without being	10889
counted;	10890

(13) Admit or sanction the admission to the polling room at	10891
an election during the receiving, counting, and certifying of	10892
votes of any person not qualified by law to be so admitted;	10893

(14) Refuse to admit or sanction the refusal to admit any	10894
person, upon lawful request for admission, who is legally	10895
qualified to be present;	10896

(15) Permit or sanction the counting of the ballots contrary	10897
to the manner prescribed by law;	10898

(16) Neglect or unlawfully execute any duty enjoined upon the	10899
judge by law.	10900

(B) Whoever violates division (A) of this section is guilty	10901
of a misdemeanor of the first degree.	10902

Sec. 3599.31.  No officer of the law shall fail to obey	10903
forthwith an order of the presiding judge and aid in enforcing a	10904
lawful order of the presiding judges at an election, against	10905
persons unlawfully congregating or loitering within one hundred	10906
feet of a polling place, hindering or delaying an elector from	10907
reaching or leaving the polling place, soliciting or attempting,	10908
within one hundred feet of the polling place, to influence an	10909
elector in casting the elector's vote, or interfering with the	10910
registration of voters or casting and counting of the ballots.	10911

Whoever violates this section is guilty of a misdemeanor of	10912
the first degree.	10913

Section 2. Sections 5, 6, 7, and 8 of Am. Sub. H.B. 194 of	10914
the 129th General Assembly are hereby repealed.	10915

Section 3. The General Assembly, applying the principle	10916
stated in division (B) of section 1.52 of the Revised Code that	10917
amendments are to be harmonized if reasonably capable of	10918
simultaneous operation, finds that the following sections,	10919
presented in this act as composites of the sections as amended by	10920
the acts indicated, are the resulting versions of the sections in	10921
effect prior to the effective date of the sections as presented in	10922
this act:	10923

Section 3501.13 of the Revised Code as amended by both Am.	10924
Sub. H.B. 3 of the 126th General Assembly and Am. Sub. H.B. 224 of	10925
the 129th General Assembly.	10926

Section 3501.17 of the Revised Code as amended by both Am.	10927
Sub. H.B. 1 of the 128th General Assembly and Am. Sub. H.B. 153 of	10928
the 129th General Assembly.	10929

Section 3503.14 of the Revised Code as amended by both Am.	10930
Sub. H.B. 562 of the 127th General Assembly and Am. Sub. H.B. 224	10931
of the 129th General Assembly.	10932

Section 3503.19 of the Revised Code as amended by both Sub.	10933
H.B. 48 of the 128th General Assembly and Am. Sub. H.B. 224 of the	10934
129th General Assembly.	10935

Section 3503.28 of the Revised Code as amended by both Sub.	10936
H.B. 562 of the 127th General Assembly and Am Sub. H.B. 224 of the	10937
129th General Assembly.	10938

Section 3505.13 of the Revised Code as amended by both Am.	10939
H.B. 47 of the 116th General Assembly and Am. Sub. H.B. 153 of the	10940
129th General Assembly.	10941

Section 3505.18 of the Revised Code as amended by both Am.	10942
Sub. H.B. 562 of the 127th General Assembly and Am. Sub. H.B. 224	10943
of the 129th General Assembly.	10944

Section 3505.181 of the Revised Code as amended by both Am.	10945
Sub. H.B. 562 of the 127th General Assembly and Am. Sub. H.B. 224	10946
of the 129th General Assembly.	10947

Section 3505.183 of the Revised Code as amended by both Am.	10948
Sub. H.B. 562 of the 127th General Assembly and Am. Sub. H.B. 224	10949
of the 129th General Assembly.	10950

Section 3506.05 of the Revised Code as amended by both Am.	10951
Sub. H.B. 350 of the 127th General Assembly and Am. Sub. H.B. 153	10952
of the 129th General Assembly.	10953

Section 3509.03 of the Revised Code as amended by both Am.	10954
Sub. H.B. 48 of the 128th General Assembly and Am. Sub. H.B. 224	10955
of the 129th General Assembly.	10956

Section 3509.04 of the Revised Code as amended by both Am.	10957
Sub. H.B. 48 of the 128th General Assembly and Am. Sub. H.B. 224	10958
of the 129th General Assembly.	10959

Section 3509.05 of the Revised Code as amended by both Am.	10960
Sub. H.B. 48 of the 128th General Assembly and Am. Sub. H.B. 224	10961
of the 129th General Assembly.	10962

Section 3509.07 of the Revised Code as amended by both Sub.	10963
H.B. 234 of the 126th General Assembly and Am. Sub. H.B. 224 of	10964
the 129th General Assembly.	10965

Section 3511.02 of the Revised Code as amended by both Am.	10966
Sub. H.B. 48 of the 128th General Assembly and Am. Sub. H.B. 224	10967
of the 129th General Assembly.	10968

Section 3511.04 of the Revised Code as amended by both Am.	10969
Sub. H.B. 48 of the 128th General Assembly and Am. Sub. H.B. 224	10970
of the 129th General Assembly.	10971

Section 3511.05 of the Revised Code as amended by both Am.	10972
Sub. H.B. 48 of the 128th General Assembly and Am. Sub. H.B. 224	10973
of the 129th General Assembly.	10974

Section 3511.09 of the Revised Code as amended by both Am.	10975
Sub. H.B. 48 of the 128th General Assembly and Am. Sub. H.B. 224	10976
of the 129th General Assembly.	10977

Section 3511.10 of the Revised Code as amended by both Am.	10978
Sub. H.B. 48 of the 128th General Assembly and Am. Sub. H.B. 224	10979
of the 129th General Assembly.	10980

Section 3511.11 of the Revised Code as amended by both Am.	10981
Sub. H.B. 48 of the 128th General Assembly and Am. Sub. H.B. 224	10982
of the 129th General Assembly.	10983

Section 3511.14 of the Revised Code as amended by both Am.	10984
Sub. H.B. 48 of the 128th General Assembly and Am. Sub. H.B. 224	10985
of the 129th General Assembly.	10986