| Sec. 3509.01. (A) The board of elections of each county shall | 8 |
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provide absent voter's ballots for use at every primary and | 9 |
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general election, or special election to be held on the day | 10 |
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specified by division (E) of section 3501.01 of the Revised Code | 11 |
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for the holding of a primary election, designated by the general | 12 |
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assembly for the purpose of submitting constitutional amendments | 13 |
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proposed by the general assembly to the voters of the state. Those | 14 |
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ballots shall be the same size, shall be printed on the same kind | 15 |
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of paper, and shall be in the same form as has been approved for | 16 |
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use at the election for which those ballots are to be voted; | 17 |
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except that, in counties using marking devices, ballot cards may | 18 |
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be used for absent voter's ballots, and those absent voters shall | 19 |
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be instructed to record the vote in the manner provided on the | 20 |
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ballot cards. In counties where punch card ballots are used, those | 21 |
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absent voters shall be instructed to examine their marked ballot | 22 |
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cards and to remove any chads that remain partially attached to | 23 |
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them before returning them to election officials. | 24 |
| (3) For all voters who are applying to vote absent voter's | 39 |
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ballots in person, ballots shall be available for use beginning on | 40 |
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the thirty-fifth day before the day of the election and shall | 41 |
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continue to be available for use through seven p.m. on the day | 42 |
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before the day of the election. On the days in which absent | 43 |
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voter's ballots are available for use in person, those ballots | 44 |
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shall be available, at a minimum, from eight a.m. through seven | 45 |
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p.m. Monday through Friday, from eight a.m. through five p.m. on | 46 |
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Saturday, and from one p.m. through five p.m. on Sunday, except | 47 |
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that on the last day of registration before a general or primary | 48 |
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election, those ballots shall be available until nine p.m. The | 49 |
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board may increase the hours during which absent voter's ballots | 50 |
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are available for use in person. If, at the time for the close of | 51 |
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in-person absent voting on a particular day, there are voters | 52 |
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waiting in line to cast their ballots, the in-person absent voting | 53 |
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location shall be kept open until such waiting voters have cast | 54 |
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their absent voter's ballots. | 55 |
| (C) Absent voter's ballots provided for use at a general or | 56 |
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primary election, or special election to be held on the day | 57 |
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specified by division (E) of section 3501.01 of the Revised Code | 58 |
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for the holding of a primary election, designated by the general | 59 |
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assembly for the purpose of submitting constitutional amendments | 60 |
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proposed by the general assembly to the voters of the state, shall | 61 |
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include only those questions, issues, and candidacies that have | 62 |
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been lawfully ordered submitted to the electors voting at that | 63 |
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election. | 64 |
| (D) If the laws governing the holding of a special election | 65 |
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on a day other than the day on which a primary or general election | 66 |
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is held make it impossible for absent voter's ballots to be | 67 |
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printed and ready for use by the deadlines established in division | 68 |
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(B) of this section, absent voter's ballots for those special | 69 |
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elections shall be ready for use as many days before the day of | 70 |
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the election as reasonably possible under the laws governing the | 71 |
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holding of that special election. | 72 |
| (3) A copy of the elector's current and valid photo | 93 |
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identification, a copy of a military identification, or a copy of | 94 |
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a current utility bill, bank statement, government check, | 95 |
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paycheck, or other government document, other than a notice of an | 96 |
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election mailed by a board of elections under section 3501.19 of | 97 |
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the Revised Code or a notice of voter registration mailed by a | 98 |
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board of elections under section 3503.19 of the Revised Code, that | 99 |
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shows the name and address of the elector. | 100 |
| Each application for absent voter's ballots shall be | 109 |
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delivered to the director not earlier than the first day of | 110 |
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January of the year of the elections for which the absent voter's | 111 |
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ballots are requested or not earlier than ninety days before the | 112 |
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day of the election at which the ballots are to be voted, | 113 |
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whichever is earlier, and not later than twelve noon of the third | 114 |
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day before the day of the election at which the ballots are to be | 115 |
voted, or not later than six p.m.the close of the time for | 116 |
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in-person absent voting as determined under division (B)(3) of | 117 |
section 3509.01 of the Revised Code on the the last Fridayday | 118 |
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before the day of the election at which the ballots are to be | 119 |
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voted if the application is delivered in person to the office of | 120 |
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the board. | 121 |
| Sec. 3511.02. Notwithstanding any section of the Revised | 122 |
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Code to the contrary, whenever any person applies for registration | 123 |
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as a voter on a form adopted in accordance with federal | 124 |
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regulations relating to the "Uniformed and Overseas Citizens | 125 |
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Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986), | 126 |
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this application shall be sufficient for voter registration and as | 127 |
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a request for an absent voter's ballot. Uniformed services or | 128 |
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overseas absent voter's ballots may be obtained by any person | 129 |
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meeting the requirements of section 3511.011 of the Revised Code | 130 |
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by applying electronically to the secretary of state or to the | 131 |
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board of elections of the county in which the person's voting | 132 |
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residence is located in accordance with section 3511.021 of the | 133 |
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Revised Code or by applying to the director of the board of | 134 |
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elections of the county in which the person's voting residence is | 135 |
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located, in one of the following ways: | 136 |
| (A) That person may make written application for those | 137 |
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ballots. The person may personally deliver the application to the | 138 |
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director or may mail it, send it by facsimile machine, send it by | 139 |
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electronic mail, send it through internet delivery if such | 140 |
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delivery is offered by the board of elections or the secretary of | 141 |
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state, or otherwise send it to the director. The application need | 142 |
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not be in any particular form but shall contain all of the | 143 |
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following information: | 144 |
| (c) A copy of the elector's current and valid photo | 153 |
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identification, a copy of a military identification, or a copy of | 154 |
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a current utility bill, bank statement, government check, | 155 |
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paycheck, or other government document, other than a notice of an | 156 |
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election mailed by a board of elections under section 3501.19 of | 157 |
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the Revised Code or a notice of voter registration mailed by a | 158 |
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board of elections under section 3503.19 of the Revised Code, that | 159 |
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shows the name and address of the elector. | 160 |
| (9) A statement of the elector's length of residence in the | 167 |
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state immediately preceding the commencement of service, | 168 |
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immediately preceding the date of leaving to be with or near the | 169 |
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service member, or immediately preceding leaving the United | 170 |
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States, or a statement that the elector's parent or legal guardian | 171 |
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resided in this state long enough to establish residency for | 172 |
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voting purposes immediately preceding leaving the United States, | 173 |
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whichever is applicable; | 174 |
| (B) A voter or any relative of a voter listed in division (C) | 186 |
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of this section may use a single federal post card application to | 187 |
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apply for uniformed services or overseas absent voter's ballots | 188 |
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for use at the primary and general elections in a given year and | 189 |
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any special election to be held on the day in that year specified | 190 |
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by division (E) of section 3501.01 of the Revised Code for the | 191 |
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holding of a primary election, designated by the general assembly | 192 |
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for the purpose of submitting constitutional amendments proposed | 193 |
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by the general assembly to the voters of the state. A single | 194 |
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federal postcard application shall be processed by the board of | 195 |
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elections pursuant to section 3511.04 of the Revised Code the same | 196 |
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as if the voter had applied separately for uniformed services or | 197 |
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overseas absent voter's ballots for each election. | 198 |
| (C) Application to have uniformed services or overseas absent | 199 |
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voter's ballots mailed or sent by facsimile machine to such a | 200 |
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person may be made by the spouse, father, mother, father-in-law, | 201 |
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mother-in-law, grandfather, grandmother, brother or sister of the | 202 |
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whole blood or half blood, son, daughter, adopting parent, adopted | 203 |
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child, stepparent, stepchild, daughter-in-law, son-in-law, uncle, | 204 |
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aunt, nephew, or niece of such a person. The application shall be | 205 |
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in writing upon a blank form furnished only by the director or on | 206 |
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a single federal post card as provided in division (B) of this | 207 |
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section. The form of the application shall be prescribed by the | 208 |
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secretary of state. The director shall furnish that blank form to | 209 |
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any of the relatives specified in this division desiring to make | 210 |
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the application, only upon the request of such a relative made in | 211 |
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person at the office of the board or upon the written request of | 212 |
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such a relative mailed to the office of the board. The | 213 |
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application, subscribed and sworn to by the applicant, shall | 214 |
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contain all of the following: | 215 |
| (4) A statement identifying the elector's length of residence | 221 |
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in the state immediately preceding the commencement of service, | 222 |
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immediately preceding the date of leaving to be with or near a | 223 |
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service member, or immediately preceding leaving the United | 224 |
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States, or a statement that the elector's parent or legal guardian | 225 |
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resided in this state long enough to establish residency for | 226 |
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voting purposes immediately preceding leaving the United States, | 227 |
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as the case may be; | 228 |
| (c) A copy of the elector's current and valid photo | 234 |
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identification, a copy of a military identification, or a copy of | 235 |
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a current utility bill, bank statement, government check, | 236 |
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paycheck, or other government document, other than a notice of an | 237 |
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election mailed by a board of elections under section 3501.19 of | 238 |
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the Revised Code or a notice of voter registration mailed by a | 239 |
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board of elections under section 3503.19 of the Revised Code, that | 240 |
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shows the name and address of the elector. | 241 |
| (11) The address to which ballots shall be mailed, the | 250 |
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telephone number to which ballots shall be sent by facsimile | 251 |
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machine, the electronic mail address to which ballots shall be | 252 |
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sent by electronic mail, or, if internet delivery is offered by | 253 |
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the board of elections or the secretary of state, the internet | 254 |
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contact information to which ballots shall be sent through | 255 |
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internet delivery; | 256 |
| Each application for uniformed services or overseas absent | 259 |
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voter's ballots shall be delivered to the director not earlier | 260 |
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than the first day of January of the year of the elections for | 261 |
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which the uniformed services or overseas absent voter's ballots | 262 |
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are requested or not earlier than ninety days before the day of | 263 |
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the election at which the ballots are to be voted, whichever is | 264 |
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earlier, and not later than twelve noon of the third day preceding | 265 |
the day of the election, or not later than six p.m.the close of | 266 |
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the time for in-person absent voting as determined under division | 267 |
(B)(3) of section 3509.01 of the Revised Code on the last Friday | 268 |
| day before the day of the election at which those ballots are to | 269 |
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be voted if the application is delivered in person to the office | 270 |
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of the board. | 271 |
Sec. 3511.10. If, after the thirty-fifth day andduring the | 279 |
time that absent voter's ballots may be cast in person before the | 280 |
close of the polls on the day of a general or primaryan election, | 281 |
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a valid application for uniformed services or overseas absent | 282 |
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voter's ballots is delivered to the director of the board of | 283 |
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elections at the office of the board by a person making the | 284 |
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application on the person's own behalf, the director shall | 285 |
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forthwith deliver to the person all uniformed services or overseas | 286 |
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absent voter's ballots then ready for use, together with an | 287 |
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identification envelope. The person shall then immediately retire | 288 |
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to a voting booth in the office of the board, and mark the | 289 |
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ballots. The person shall then fold each ballot separately so as | 290 |
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to conceal the person's markings thereon, and deposit all of the | 291 |
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ballots in the identification envelope and securely seal it. | 292 |
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Thereupon the person shall fill in answers to the questions on the | 293 |
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face of the identification envelope, and by writing the person's | 294 |
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usual signature in the proper place thereon, the person shall | 295 |
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declare under penalty of election falsification that the answers | 296 |
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to those questions are true and correct to the best of that | 297 |
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person's knowledge and belief. The person shall then deliver the | 298 |
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identification envelope to the director. If thereafter, and before | 299 |
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the third day preceding such election, the board provides | 300 |
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additional separate official issue or special election ballots, as | 301 |
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provided for in section 3511.04 of the Revised Code, the director | 302 |
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shall promptly, and not later than twelve noon of the third day | 303 |
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preceding the day of election, mail such additional ballots to | 304 |
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such person at the address specified by that person for that | 305 |
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purpose. | 306 |
| In the event any person serving in the armed forces of the | 307 |
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United States is discharged after the closing date of | 308 |
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registration, and that person or that person's spouse, or both, | 309 |
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meets all the other qualifications set forth in section 3511.011 | 310 |
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of the Revised Code, the person or spouse shall be permitted to | 311 |
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vote prior to the date of the election in the office of the board | 312 |
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in the person's or spouse's county, as set forth in this section. | 313 |
| Section 3. This act is hereby declared to be an emergency | 316 |
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measure necessary for the immediate preservation of the public | 317 |
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peace, health, and safety. The reason for such necessity is that | 318 |
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absent voter's ballots for the November 6, 2012, general election | 319 |
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must be available for use in person beginning on October 2, 2012. | 320 |
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Therefore, this act shall go into immediate effect. | 321 |
